2.2.1 Drug-Free Workplace Guidelines
Revised: October 1, 2012
The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol is prohibited while in the work place, on college premises, or as part of any college sponsored activities. Any employee or student in violation will be subject to disciplinary action up to and including termination or expulsion and referral for prosecution. The specifics of this procedure are as follows:
- 49ͼ Community College does not differentiate between drug users or sellers. Any employee or student who possesses, uses, sells, gives, or in any way transfers a controlled substance to another person, or manufactures a controlled substance while in the work place, on college premises, or as part of any college- sponsored activity will be subject to disciplinary action up to and including termination or expulsion and referral for prosecution.
- The term “controlled substance” means any drug listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of the North Carolina General Statutes. Generally, these are drugs which have a high potential for abuse. Such drugs include, but are not limited to, Heroin, Marijuana, Cocaine, PCP, and “Crack.” They also include “legal drugs” which are not prescribed by a licensed physician.
- If any employee or student is convicted of violating any criminal drug statute while in the work place, on college premises, or as part of any college-sponsored activity, he/she will be subject to disciplinary action up to and including termination or expulsion. Alternatively, the college may require the employee or student to successfully finish a drug abuse program sponsored by an approved private or governmental institution as a precondition for continued employment or enrollment at the college.
- Each employee or student is required to inform the college, in writing, within five (5) days after he/she is convicted for violation of any federal, state, or local criminal drug statute.
- Convictions of employees working under federal grants, for violating drug laws in the work place, on college premises, or as part of any college-sponsored activity shall be reported to the appropriate federal agency. The Senior Director of Human Resources must notify the U. S. government agency, with which the grant was made, within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of a violation of a criminal drug statute occurring in the work place. The College shall take appropriate disciplinary action within 30 calendar days from receipt of notice. As a condition of further employment on any federal government grant, the law requires all employees to abide by this policy.
- Any employee or student who unlawfully possesses, uses, sells, or transfers alcoholic beverages to another person while in the work place, on college premises, or as part of any college-sponsored activity, or is convicted of violating any alcoholic beverage control statute while on said premises, will be subject to disciplinary action up to and including termination or expulsion and referral for prosecution. Alternatively, the College may require the employee or student to successfully finish a drug abuse program sponsored by an approved private or governmental institution as a precondition for continued employment or enrollment at the college.
- The term “alcoholic beverage” includes beer, wine, whiskey, and any other beverage listed in Chapter 18B of the General Statutes of North Carolina.
- Each employee or student is required to inform the college, in writing, within five (5) days after he/she is convicted of any alcoholic beverage control statute where such violation occurred while in the work place, on college premises, or as part of any college-sponsored activity.
- Students employed under the College Work Study Program are considered to be employees of the college if the work is performed for the college in which the student is enrolled.
- For work performed for a federal, state, local public agency, a private non-profit or a private for-profit agency, students are considered to be employees of the college unless the agreement between the college and the organization specifies that the organization is considered to be the employer.
49ͼ Community College-sponsored events and educational programs that are approved for the use of alcohol as part of course content are exempt from the Drug & Alcohol Policy. However, this exclusion does not apply to minors who could not otherwise consume alcoholic beverages. Exceptions to the Drug and Alcohol Policy must be approved by the President.