Introduction

As a recipient of federal funds (including grants and other forms of assistance), Nash Community  College is subject to the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989. These Acts require institutions of higher education to adopt and implement programs designed to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees. Nash Community College expects its students and employees to refrain from such activities and to conduct themselves in a manner which would enhance the reputation of the college in the community.

Student Standards of Conduct and Disciplinary Sanctions

The President or designee is authorized to dismiss, suspend, or expel a student for violation of any Nash Community College Student Conduct regulation set forth in the official Nash Community College Catalog. Any student who impairs, impedes, or disrupts the mission, processes, or functions of the college, or who violates any provision of the Student Conduct Code or Academic Dishonesty, or who encourages, counsels, instigates, or incites others to impede, impair, or disrupt the said mission, processes, procedures or functions of the College shall be subject to immediate dismissal, suspension, or expulsion. The College, in accordance with local, state and federal statutes, will cooperate with the respective law enforcement agencies in the administration of this procedure. The following behavior will warrant immediate suspension or other disciplinary action:

Possessing, using, transmitting or being under the influence of any narcotic, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage or any other kind of intoxicant while on campus. Students using drugs officially authorized by a physician and likely to cause impairment to performance in lab, shop, or clinical areas should consult with the instructor.  Note: Using a drug officially authorized by a physician will not be considered a violation of this regulation

Employee Standards of Conduct and Disciplinary Sanctions

Employees must, as a condition of employment, abide by the terms of Nash Community College’s Drug Fee Workplace Policies. The Procedures Manual states:

2.4 Alcoholic Beverages, Controlled and Illegal Substances

The unlawful manufacture, distribution, dispensation, sale, possession, or use of drugs, controlled and/or illegal substances or the possession or use of alcoholic beverages, is prohibited on College premises and workplaces except at specifically authorized events and campus facilities.  Procedures governing the use of alcoholic beverages at specifically authorized events are available from the Manager, Brown Auditorium.  No alcoholic beverages shall be allowed during any student sponsored events.  The College recognizes its obligation to all employees, students, and the public at large and is committed to provide and maintain a safe working environment which is free of alcohol and illegal drugs and/or controlled substances.  The policy is in accord with the requirements of the Federal Drug-Free Workplace Act of 1988.  The College shall report illegal drug and/or alcoholic use activity prescribed by this policy to the appropriate law enforcement authority.  The Board of Trustees has a responsibility to establish supplemental policies necessary to implement and administer this policy.

7.1 Alcoholic Beverages, Controlled and Illegal Substances - Employees

The unlawful manufacture, distribution, dispensation, sale, possession, or use of drugs, controlled and/or illegal substances or the possession or use of alcoholic beverages, is prohibited on College premises and workplaces. An employee who violates any of these prohibited acts is subject to disciplinary action up to and including dismissal. It is the goal of the College to support employees who are affected by problems of addiction.
   
Any employee who voluntarily comes forward and acknowledges a drug and/or alcohol abuse problem will be immediately and confidentially referred to the Employee Assistance Program (EAP). The employee will be monitored and tested for EAP compliance. Failure to meet these requirements will result in termination of the employee.

No employee shall report to the campus or any work site or remain at the campus or any work site unable to perform adequately their duties because of the effect of any alcoholic beverage and/or controlled substances and/or drugs whether illegal, prescribed or over the counter.

Any employee found in violation of this policy shall be subject to disciplinary action including suspension, termination, or dismissal, at the discretion of the President. Administrative response to such situations shall be in accordance with the following requirements and other procedures established in support of this policy:

a. Any employee determined to be involved in the manufacture, distribution, dispensing, possession, or selling of alcoholic beverages and/or illegal and/or controlled substances at the work site or on the College premises shall be terminated.

b. Any employee determined to be using and/or impaired by alcohol at the campus or work site shall receive a written warning, be placed on probation, and referred to the Employee Assistance Program as a condition of continued employment. If the employee fails to meet the scheduled Employee Assistance Program conference, and/or fails to be cleared through the Employee Assistance Program as having met recommended action, they may be dismissed.

c. Any employee suspected of using and/or impaired by an illegal drug or controlled substance on campus or at the work site shall be subject to drug screening tests. Such determination shall be based upon reasonable suspicion, and such test shall be authorized by the President or designee. The employee shall be suspended pending the outcome of the test results. If the test results are positive, the employee shall be placed on permanent probation and referred to the Employee Assistance Program as in “b” above under the same conditions. Refusal to submit to such test shall result in disciplinary action up to, and including, dismissal. Periodic drug testing will be a required component of continuing employment. Any “second positive” test outcome will result in immediate dismissal. The employee shall bear the cost of all such testing and shall have the right to request a back up test.

The College shall report illegal drug and/or alcoholic use activity prescribed by this policy to the appropriate law enforcement authority.

Any employee convicted of any criminal drug and/or alcoholic beverage law, statute or regulation occurring on campus or at the work site shall notify the President or designee no later than five (5) calendar days after such conviction. Failure to report such information shall be grounds for automatic dismissal. When required by Federal Law, the College administration shall notify the appropriate Federal contracting agency of such a conviction within ten (10) days.

Applicants, as a condition of employment, may be required to submit to blood and/or urine tests to determine the presence or use of alcohol and/or illegal drugs or controlled substances.  The results of such tests shall be treated as confidential and their distribution shall be limited to the applicant and administrators with a legitimate need to know such results.

Demotion or dismissal may result from any action by an employee not deemed in the best interest of the College. The employee will be notified through a formal written evaluation as to how their work fails to meet required expectations. The College, at its discretion, determines those actions not in the best interest of the institution. Upon any demotion or dismissal, the President shall report only the fact of action taken by letter to all members of the Board of Trustees. Details of the demotion or dismissal will be revealed to all trustees at such time as is appropriate in order to ensure the due process rights of the employee.  Other permissible reasons for dismissal of an employee are as follows:

Reporting to work or appearing at any time on the properties of Nash Community College in a drunken or intoxicated state or under the influence of any alcoholic beverage, or under the influence of any non-prescribed controlled substance to the extent that such condition impairs the ability of said employee to perform their duties of employment.

Any employee who intentionally tampers with a sample provided for drug screening violates a chain of custody or identification procedure, or falsifies a test result shall be subject to dismissal.

All employees, as a condition of employment, shall be required, upon the request of administrative personnel, based on reasonable suspicion of a violation of this policy, to submit to: searches of College and personal vehicles brought on or parked on College premises or work site; reasonable searches of all clothing, packages, purses, briefcases, tool boxes, lunch boxes or other containers on College premises;  searches of desks, file cabinets, lockers, or other office or shop equipment in or on College premises or work site. Failure to comply with such a request as part of an administrative investigation shall be deemed grounds for administering disciplinary action.  If the employee has reason to believe that an error was made, an appeal may be made utilizing the Due Process Policy set forth in Sections 4.13 and 4.15 of the Board Policy Manual.

The College shall develop and maintain an awareness program to inform employees about the dangers of alcohol and drug abuse in the workplace. Every employee shall be given a copy of the College alcohol and drug free work site policy. All employees have an obligation to report observed and suspected violations of this policy to their supervisor.

The Board of Trustees has a responsibility to establish supplemental policies necessary to implement and administer this policy.

The administration is responsible for informing all employees of this policy and any supplemental procedures promulgated hereunder and of their rights and obligations thereunder.  (Rev. 7/09)