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POL 5.215 Employee Drug Prevention & Drug Free Workplace Policy

The board of trustees of Kirtland Community College, as an employer, is concerned with the well-being of its employees, the need to maintain employee productivity and the successful accomplishment of its mandate to provide education to the students of Kirtland Community College. Moreover, the board of trustees recognizes that its employees serve as role models to students. Substance abuse by employees constitutes a grave threat to their physical and mental well-being, significantly impedes their work objectives and job performance, and is a detriment to their effectiveness as positive role models.

Accordingly, it is the policy of the board of trustees of Kirtland Community College to implement a drug prevention program and to maintain drug-free workplace for all employees. It is further the policy of the board of trustees of Kirtland Community College to prohibit the unlawful manufacture, sale, possession, use, distribution or being under the influence of any illicit substance by all employees on school premises or as part of any school business, activity or function.

PRO 5.215 EMPLOYEE DRUG PREVENTION & DRUG FREE WORKPLACE POLICY

Standards of Conduct

The unlawful possession, use (including but not limited to application, injection, inhalation or ingestion), being under the influence, manufacture, distribution, or sale of illicit substances by any employee while on school premises, performing school business or as part of any school activity or function is strictly prohibited and will subject an employee to disciplinary sanctions, up to and including discharge and referral to appropriate law enforcement officials. Compliance with the standards of conduct in this policy is mandatory and shall not be construed to be voluntary.

President Responsibilities

The board of trustees delegates to the college president or his/her designee, the responsibility to implement and oversee the requirements of this policy, including, but not limited to:

  1. The provision of a written certification to the United States Department of Education that the Board of Trustees will maintain a drug-free workplace as required under the Drug-Free Workplace Act.
  2. The distribution to all employees, volunteers and contractors of the board of trustees’ policy regarding the drug prevention program for employees, which includes a copy of the standards of conduct by the policy and the statement of disciplinary sanctions, as well as notification that compliance with the standards of conduct is mandatory. This policy shall be published annually in the district’s faculty and staff handbooks, shall be posted in appropriate locations in the workplace, and shall be provided to each employee, volunteer or contractor whose employment is funded by a federal grant.
  3. A biennial review of its employee drug prevention program to:
    1. determine its effectiveness and implement changes to the program if they are needed; and
    2. ensure that the program’s disciplinary sanctions are consistently enforced.
  4. The provision of information, upon request, to the Secretary of Education, the Department of Education and the public about the elements of the community college’s drug prevention program, including the results of its biennial review.
  5. Maintenance of records related to the community college’s compliance with the certification requirements of the Drug-Free Workplace Act.

Reporting Requirements

  1. As a condition of employment, the employee will:
    1. Abide by the terms of this policy; and
    2. Notify the president of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
  2. Within thirty (30) days of receiving notice of a criminal drug statute conviction for a violation occurring in the workplace, the president or his/her designee shall:
    1. Take appropriate personnel action against such employee up to and including termination; or
    2. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.
  3. Within ten (10) days after receiving notice that an employee was convicted under a criminal drug statute for a violation occurring in the workplace, notify the federal agency from which Kirtland Community College received the grant of such conviction.

Disciplinary Sanctions

Disciplinary sanctions, up to and including termination of employment, shall be imposed on employees who violate the above standards of conduct. It is the intention of Kirtland Community College to impose disciplinary sanctions in a consistent manner. Any employee who violates the terms of this policy may be non-renewed or his or her employment may be suspended or terminated. Any employee who violates the standards of conduct will also be reported to law enforcement officials, as appropriate. This enumeration of possible sanctions shall not be construed as limiting the board’s discretion to impose the sanction it seems appropriate or to require a particular sanction to be imposed.

Disciplinary sanctions against employees, including non-renewal, suspension and termination of employment shall be in accordance with the prescribed procedural and substantive requirements of community college policies, administrative regulations and procedures, any applicable collective bargaining agreement or individual contract, and applicable statutes.

At the discretion of the board of trustees of Kirtland Community College, an employee who violates the terms of this policy shall satisfactorily participate in a substance abuse assistance or rehabilitation program approved by the board. If the employee fails to satisfactorily participate in such a program, the employee shall be non-renewed or his or her employment may be suspended or terminated.

Appropriate Accommodations

The board of trustees of Kirtland Community College recognizes that substance abuse in the form of alcoholism or chronic drug abuse may be characterized as an illness. Accordingly, an employee who violates the standards of conduct may be eligible to receive appropriate accommodations under the following criteria:

  1. The employee is not engaged in current use of illegal drugs, and must be otherwise qualified to perform essential job functions.
  2. If the employee is an alcoholic, he/she must be otherwise qualified to perform essential job functions and the use of alcohol must not adversely affect his/her job performance.

Employee Assistance Program

Information about any drug and alcohol counseling, rehabilitation and/or re-entry programs is available to employees from the Counseling Office. The college’s provision of this information neither constitutes an endorsement of any counseling, rehabilitation and/or re-entry program, nor is it an express or implied offer to pay, in full or in part, any expenses which the employee may incur for his or her participation in such a program.

Definitions

Illicit substances: Any consumable alcohol or alcoholic beverages; illegal drugs, including but not limited to those substances defined as “controlled substances” pursuant to federal and Michigan law; anabolic steroids, human growth hormones or other performance-enhancing drugs; substances purported to be illegal, abusive or performance-enhancing, i.e. “look-alike drugs.” See e.g. Schedules I-V of Chapter 13 of the Controlled Substances Act, 21 USC 812; Schedules 1-5 of the Michigan Uniform Controlled Substances Act, MCL 333.7201 et seq.; MCL 333.17766a; MCL 436.2; or the successor provisions of any of the foregoing statutes. This definition also includes any other substance used by an employee as an intoxicant.

School premises: Any school building, facility or any other school property which is owned, leased or otherwise occupied for school purposes or in connection with any school business, activity or function; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or a school-related activity or school business, an activity or function off school property.

School business, activity, or function: Any school-sponsored activity, event or function where employees are under the jurisdiction of Kirtland Community College; any activity performed by the employee which is within the scope of his or her employment, duties or job description.

Being under the influence: The use of any illicit substance by an employee in any degree which impairs, negatively affects, or which tends to deprive that person of any physical or mental capacity which he/she would otherwise normally possess.

Implementation

The board of trustees of Kirtland Community College delegates to the president or his/her designee, the responsibility to implement and oversee the requirements of this policy, including the distribution to all employees, volunteers, and contractors of the board of trustees’ policy regarding employee drug prevention, which includes a copy of the standards of conduct required by the policy and the statement of disciplinary sanctions, as well as notification that compliance with the standards of conduct is mandatory.

Revised August 8, 2002