Drug Free Campus and Workplace Policy
|Board of Trustees||10-12-2017|
|Executive Leadership Team||08-28-2017|
All members of the College community-including faculty, staff, and students-have the right to pursue their individual and collective goals in a healthy work and educational environment, one that is free of the effects of alcohol and substance abuse. Except in limited circumstances, alcohol and drugs are prohibited for SCC-related activities. All members of the College community also have a personal responsibility to adhere to all applicable laws, policies, and regulations concerning the use of alcohol or other drugs.
The Drug-Free Campus and Work Place Policy applies to all members of the College community, including all full-time and part-time permanent and temporary employees (faculty, administration, and all exempt and non-exempt staff); all students, student employees and interns; and members of the public.
Drug Free Campus and Workplace Procedures
|Executive Leadership Team||11-06-2017|
No person shall manufacture, distribute, dispense, sell, possess, or use alcoholic beverages or controlled substances on Stanly Community College property, at any location while engaged in activities on behalf of SCC, or during a SCC-sponsored activity, except as otherwise provided in this policy. The prohibitions described shall not be construed to restrict the curricular activities of SCC programs.
"Alcoholic beverage" means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including beer, malt beverages, unfortified wine, fortified wine, spirituous liquor and mixed beverages, and any other beverages regulated by the North Carolina ABC Commission (NCABC) under Chapter 18B of the North Carolina General Statutes.
"Controlled substances" means any drug included in 21 CFR Part 1308 Schedules of Controlled Substances or N.C. Gen. Stat §90-86, et. seq. North Carolina Controlled Substances Act, or any other drugs or substances regulated under any federal or state laws or regulations, including but not limited to heroin and other opioids, cocaine in powder or crystal form, methamphetamine and all of its derivatives, marijuana and other psychoactive plants or fungi, PCP, and otherwise legal drugs when possessed or used by persons without a prescription.
Subject to compliance with the Procedures set forth below, the above prohibitions shall not apply to the following circumstances:
- Use of alcoholic beverages at special events on SCC property that have been specifically approved in advance by the President and that comply with applicable laws and the requirements outlined in Number 2 of the Procedures below. The President shall have the authority to limit the types of alcohol served.
- Use of alcoholic beverages for approved educational purposes on SCC property or at other locations on behalf of SCC when the activity complies with the applicable laws.
- Possession and use of legal drugs by a person with a valid prescription for such drugs. However, if the legal prescription is being used improperly, or if it has side effects that cause the user to become impaired, SCC may take appropriate protective measures.
- When employees represent SCC at events such as, but not limited to, retreats, conferences, or after-hours meetings, employees may use good judgment whether to consume alcohol but must do so in moderation. Representatives of SCC are required to maintain professional conduct in these social contexts. The inappropriate use of alcohol is subject to sanctions as described below.
College "location" means in any college building or on any college premises; in any college-owned vehicle or in any other college-approved vehicle used to transport students to and from college or college activities; off college property at any college-sponsored or college-approved activity, event or function, such as a field trip where students are under the jurisdiction of the college.
College employees may observe behaviors in students or employees that may indicate use and/or abuse of mood altering substances, including but not limited to, slurred or rapid speech, trembling hands, persistent runny nose, altered pupil dilation, flushed face, red eyes, odor of alcohol, unsteady gait, declining health, irritability and mood swings, isolation, pattern of absenteeism or tardiness, decreased productivity, or inappropriate responses. College employees should remain aware that any of these behaviors can be explained other than due to side effects of prescribed medication or use and/or abuse of other substances.
Students enrolled in certain curriculum or similar non-curricular courses (with particular dangers inherent to the program or responsibilities to, or contact with, the public) may be subject to drug screening as a condition for work-based learning or as a condition of continued enrollment in the program. Examples of educational activities for which drug screening may be required include, but are not limited to, use of tools and chemicals, use of liquids at high pressure, use of firearms, clinical or work-based site requirements, or procedures requiring the interaction with electricity.
Any employee, student, or member of the public visiting any College site who is exhibiting behavior that demonstrates a threat to the health or safety of any person or the continued safety of the environment may be subject to drug screening or further sanction as described below.
1. Use of Alcoholic Beverages For Educational Purposes
To secure approval to use alcoholic beverages for educational purposes, the instructor of a class or leader of a recognized group must submit a request in writing to the appropriate Vice President for permission to use any alcoholic beverage as an aid in the effective presentation of subject matter. This presentation must comply with applicable laws. Requests must be submitted at least seven business days (excluding official holidays and weekends) before its intended use, and must include the following items:
- Instructor's or leader's name
- Title of class and meeting time,
- Number of students in the class,
- Substance and quantity to be used,
- Rationale for use of the items,
- How the items will be used,
- Proposed schedule for using the items, and
- Any other relevant information.
The appropriate Vice President will answer the request, in writing, within four business days (excluding official holidays and weekends) of its receipt.
2. Use of Alcoholic Beverages at Special Events
- Special events at which the use of alcoholic beverages may be approved under this policy are as follows:
- Events sponsored by SCC, the SCC Foundation, faculty, staff or college organizations; or
- Events sponsored by external individuals or organizations that SCC, in its discretion, determines are appropriate to be held on SCC property.
- The sale of alcoholic beverages is prohibited at any event on campus. "Sale" means any transfer, trade, exchange, or barter in any manner or by any means for consideration, including, but not limited to, required fees or the purchase of tickets for admission to an event at which alcoholic beverages will be served. Donations may not be required or solicited in connection with the event. State funds may not be used for the purchase of alcoholic beverages.
- Every event at which alcoholic beverages will be served must have a designated Sponsor that is either an individual who is at least twenty-one years of age or a bona fide organization or association. The Sponsor of each event must designate an Event Supervisor (who must be an individual who is at least twenty-one years of age) to be responsible, on behalf of the Sponsor, for the supervision of the serving and consumption of alcoholic beverages throughout the event. If the alcoholic beverages at the event are to be provided by a catering service, the Event Supervisor must be a representative of the catering service.
- A Campus Alcoholic Beverage Use Agreement (Attachment A) and an Application for Use of Facilities by Non-Student Groups (Attachment B) must be submitted by the Sponsor and the Event Supervisor at least 15 calendar days prior to the event for review, clarifications, approvals, and notification of other departments as needed. Approval will be granted only if SCC is satisfied that the requirements of this policy and the law have been met. Only the President can authorize changes from the standard agreements. If the event is approved, the Sponsor must submit a certificate of insurance evidencing liability coverage of at least $1 million and naming SCC as an additional insured no later than five days prior to the event.
- The Sponsor and the Event Supervisor are responsible for ensuring that the event and the service of alcoholic beverages in connection with the event are in full compliance with the following requirements:
- For events lasting more than three hours, the service of alcoholic beverages at the event must stop at least one hour prior to the official end of the event.
- Alcoholic beverages may not be served to anyone who is or appears to be intoxicated.
- Consumption of alcoholic beverages is limited to persons twenty-one years of age or older. No one under the age of twenty-one will be served alcoholic beverages.
- If the event is open to the general public or student population, signage must be posted that states that "No alcoholic beverages shall be served to or consumed by anyone under the age of 21".
- Food and non-alcoholic beverages must be provided in sufficient quantities for the number of attendees at the event.
- The Sponsor must obtain (or ensure that its caterer obtains) the applicable permits from the NC ABC and submit a copy of such permits to the appropriate SCC Vice President at least three days prior to the event.
- Alcoholic beverages must remain in the areas specifically approved for the event.
- Licensed security personnel must be provided, at the Sponsor's expense, for the duration of the event if the event is open to the community or general student population.
- Depending on the nature of the event, SCC reserves the right to require the use of trained personnel to serve alcoholic beverages or impose additional precautions in SCC's discretion.
- Failure to adhere to applicable laws, SCC's policies and procedures or the terms of the Campus Alcoholic Beverage Use Agreement or the Application for Use of Facilities by Non-Student Groups may result in termination of the event, denial of future requests, possible criminal or civil prosecution, and/or disciplinary action by SCC. Depending on the nature and severity of the violation, additional sanctions may be enacted.
3. Sanctions following violations of SCC's Drug-Free Campus and Work Place Policy or Procedures
- While on SCC property or at a SCC-sanctioned event, a person who is believed to be impaired by alcohol, a controlled substance, or prescription medication (either from side effects or improper use) may be referred to the Director of Security for action. It is the policy of the SCC Director of Security to handle such individuals on SCC property with discretion depending upon the circumstances encountered. This includes the arrest of such individuals who are in violation of North Carolina General Statutes.
- An employee who violates this policy and/or any alcoholic beverage or controlled substance laws while in the workplace, on SCC property, or acting on behalf of SCC shall be subject to disciplinary action consistent with the Progressive Discipline policy and procedures.
- If a College employee has a reasonable suspicion that another employee's behavior or appearance indicates that the employee is under the influence of alcohol or a controlled substance, then the suspecting employee should contact the Director of Security or the Switchboard to contact the sworn law enforcement officer on call. College security personnel will then contact the Director of Human Resources. College security personnel and the Director of Human Resources will assist in assessing the employee for a recommendation of removing the employee from the workplace.
- If an employee is removed from the workplace due to suspected impairment, the employee must arrange for transportation from the school or SCC sponsored activity because the Director of Security, the Security Officer on duty, or sworn law enforcement officers on call will make all reasonable efforts not to allow them to drive their own vehicle for safety reasons.
- Any student who violates this policy and/or any alcoholic beverage or controlled substance laws while on SCC property or participating in SCC-sponsored activities shall be subject to disciplinary action determined to be appropriate in SCC's discretion based on the circumstances and consistent with SCC's Code of Student Conduct procedure.
- If a College employee has a reasonable suspicion that a student's behavior or appearance indicates that the student is under the influence of alcohol or a controlled substance, then the employee should contact the Director of Security or the Switchboard to contact the sworn law enforcement officer on call. College security personnel will then contact the Dean of Students. College security personnel and the Dean of Students or designee will assist in assessing the student for a recommendation of removing the student from the class or activity and/or referral for submitting to drug screening.
- Only students in specified programs should be referred to submit to drug screening prior to returning to class/SCC-sponsored activity. Failure to comply with referred drug testing and/or sanction of successful completion of a drug or alcohol treatment program or a positive drug screen will result in dismissal from the program. Drug screening shall be at the student''s expense. The Vice President of Academic Affairs shall communicate in writing to the student the conditions of reinstatement to the program. With evidence of a negative result on a SCC-recommended drug screen within one week of the start of a subsequent Fall, Spring, or Summer semester, a student who has been dismissed from a program may apply to the Program Head for consideration of reinstatement. Reinstatement to the program shall be at the discretion of the Vice President of Academic Affairs.
- If a student is removed from a class or SCC activity due to suspected impairment, the student must arrange for transportation from the school or SCC sponsored activity because the Director of Security, the Security Officer on duty, or sworn law enforcement officers on call will make all reasonable efforts not to allow them to drive their own vehicle for safety reasons.
- SCC is not responsible for any required costs associated with a drug or alcohol treatment program the completion of which is a precondition for continued enrollment of students or continued employment of employees at SCC.
4. Federal funding considerations
- Employees are reminded of the College policy and procedures for Criminal Activity and Conviction.
- The Chief Financial Officer must notify the U.S. government funding agency for federally sponsored grants within ten days after receiving notice of a violation of a criminal drug statute occurring in the workplace. The College shall take appropriate disciplinary action within thirty calendar days from receipt of notice. As a condition of further employment on any federal government grant, the law requires all employees (full-time, part-time, or Federal Work Study) to abide by this policy.
- Drug convictions might affect a student''s ability to receive federal financial aid. Eligibility might be suspended if the offense occurred while the student was receiving federal financial aid (grants, loans, or work-study). When students complete the FAFSA, a student who answers yes to the question for whether there has been a drug conviction will provide additional information on a worksheet to determine whether the conviction affects their eligibility for aid. Students may consult with a financial aid specialist for further information regarding their eligibility.