11.4 – Alcohol and Substance Free College

POLICY: In compliance with Public Law 100-690, the Anti-Drug Abuse Act of 1988, U.S. Department of Transportation Regulation part 382, and the Drug Abuse Prevention and Control Act it is the policy of Spoon River College that its facilities be alcohol and drug-free.  It is the College’s intent and obligation to provide a substance-free, healthful, safe and secure work and educational environment.

SCOPE:

This policy applies to all Spoon River College employees and students during work, class, or during any activity involving the College.  In addition, visitors, vendors, contractors and all other non-employees are expected to acknowledge and comply with this policy.

DEFINITIONS:

Controlled substance:  A substance which is (1) not legally obtainable; (2) being used in a manner different from that prescribed; or (3) legally obtainable but has not been legally obtained.

Conviction:  Finding of guilt (including a plea of no contest) or imposition of a sentence, or both, by any judicial body charged with the responsibility of determining violations of the federal or state criminal drug statutes.

Under the Influence: A state of intoxication which affects alertness, coordination, reaction, response, judgement, decision-making, or safety.

DETAILS:

  1. The unlawful manufacture, distribution, dispensation, possession or use of controlled substance, illegal drugs, cannabis, and/or alcohol in or on Spoon River College owned and controlled property is absolutely prohibited. Further, the use of controlled substance, illegal drugs, cannabis, and/or alcohol while representing Spoon River College on college-related business is prohibited.  Violations of this policy will result in disciplinary action up to and including termination and may have legal consequences.
  2. The College recognizes substance dependency as an illness and a potential health, safety and security problem. Employees requesting assistance with such problems are encouraged to use the College’s health insurance plan, as applicable.  Students requesting assistance with such problems are encouraged to contact the Student Services Office for referral services.
  3. No employee will report to work while under the influence of a controlled substance, illegal drugs, cannabis, and/or alcohol. Violation of these rules may be reason for mandatory evaluation and/or treatment for alcohol or substance abuse disorder or for disciplinary action up to and including immediate suspension or termination of employment.  Such violations are considered serious misconduct under the College’s Progressive Discipline policy.  The College reserves the right to require an employee who violates this policy to participate satisfactorily in an employee assistance program or a substance abuse assistance or rehabilitation program.
  4. Employees, as a condition of employment, are required to notify Spoon River College of any criminal drug conviction resulting from a violation occurring at the work place no later than five (5) days after each conviction.
  5. Spoon River College notifies the appropriate federal agency from which it receives grant monies of an employee conviction within ten (10) days after receiving notice of such a conviction.
  6. Any student determined to have violated this policy may be subject to disciplinary action up to and including suspension or expulsion. Additionally, violation of this policy may result in loss of financial aid.
  7. Per U.S. Department of Transportation (DOT) Regulation part 382, Commercial Driver Training program faculty and students are required to participate in DOT drug testing during the first week of class. In addition, mandatory random drug tests are required throughout the course.  Faculty testing positive may be immediately terminated from employment.  Students testing positive will be immediately expelled from the course or program.
  8. Any visitor determined to have violated this policy may be evicted from College premises and subject to legal action initiated by the College.
  9. Where a supervisor, employee, or faculty believes there may be a problem, the Human Resources Director (employee related violation) or the Dean of Student Services (student related violation) should be notified immediately. Upon reasonable suspicion, the College reserves the right to require the individual suspected of violating this policy to complete drug testing, complete an assessment and conduct searches on College property for any suspicions of abuse as outlined in the procedure below.

PROCEDURE(S):

  1. Observation of an employee that raises a strong suspicion that the person could be under the influence of a controlled substance, illegal drug, cannabis, and/or alcohol should be immediately reported to the Human Resources Office.
  2. Employees are given the opportunity to agree to or refuse a test for controlled substance and/or illicit drug use. Employees are generally counseled on the seriousness of their behavior and on the availability of assistance to treat chemical abuse.
  3. Employees refusing to consent to testing, including any follow-up testing due to unclear results, are generally suspended immediately without pay until a final determination is reached as to possible disciplinary action and/or termination.
  4. Employees consenting to the test are taken to the nearest medical center for appropriate testing. In the event test results show an unclear result or otherwise cause question as to the integrity of the specimen (i.e. diluted sample or other unclear reading), the employee agrees to pay for any subsequent testing required until a clear result is established.
  5. Positive test results are confirmed with a follow-up. A second positive test will result in suspension with pay until a final determination is reached as to disciplinary action and/or termination.
  6. If the incident is the employee’s first instance of substance use, they are encouraged to have a Chemical Dependency Assessment by an experienced drug counselor and to evaluate appropriate methods of treatment based on the assessment results.
  7. A final determination concerning the employee’s status with the College is made after the above steps have been taken.

ADDITIONAL RESOURCE:

EMPLOYEE CONSENT FORM: CONTROLLED SUBSTANCE AND ILLICIT DRUG TESTING