Policy No. 1:13:00:00

CLEVELAND STATE COMMUNITY COLLEGE Cleveland, Tennessee

SUBJECT:  Drug-Free Campus/Workplace

1. Purpose
   The purpose of this policy is to state the position of Cleveland State Community College relative to controlled substances (illicit drugs) and alcohol.  The information contained in this policy is being provided to all CSCC employees and students in compliance with provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.
2. Provisions of the Acts
   1. Drug-Free Workplace Act
      Effective March 18, 1989, the Drug-Free Workplace Act requires employers who contract with or receive grants from federal agencies to certify that they will meet certain requirements for providing a drug-free workplace.
   2. Drug-Free Schools and Communities Act
      Effective October 1, 1990, the Drug-Free Schools and Communities Act provides that in order to receive federal financial assistance of any kind, an institution of higher education must certify that it has “adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees.”  Each institution must have a program that provides for all students and employees to receive a written statement annually covering (1) standards of conduct concerning drugs and alcohol; (2) legal sanctions; (3) health risks; (4) available counseling and treatment programs; and (5) disciplinary sanctions that the institution will impose on students and employees.  Every two years the institution must conduct a review of its program to determine the effectiveness, implement changes and ensure that disciplinary sanctions are being consistently enforced.  These requirements are separate and distinct from the requirements under the Drug-Free Workplace Act of 1988.  The Drug-Free Workplace rules relate only to employees involved in work under federal grants or contracts and cover illegal drugs only.  The rules under the Drug-Free Schools and Communities Act are broader in scope, covering drugs and alcohol, students and employees.  All divisions of the College are covered by the Act as long as the College receives any federal funds.
   3. Health Risks Associated with the use of Illicit Drugs and/or Abuse of Alcohol
      There are many health risks associated with the use of illicit drugs and the abuse of alcohol including organic damage; impairment of brain activity, digestion and blood circulation; impairment of physiological processes and mental functioning; and, physical and psychological   dependence.  Such use during pregnancy may cause spontaneous abortion, various birth defects or fetal alcohol syndrome.  Additionally, the use of illicit drugs increases the risk of contracting hepatitis, aids and other infections.  If used excessively, the use of alcohol or drugs singly or in certain combinations may cause death.
   4. Legal Sanctions
      Various federal, state and local statutes make it unlawful to manufacture, distribute, dispense, deliver, sell or possess with intent to manufacture, distribute, dispense, deliver or sell controlled substances.  The penalty imposed depends upon many factors which include the type and amount of controlled substances involved, the number of prior offenses, if any, whether death or serious bodily injury resulted from the use of such substance and whether any other crimes were committed in connection with the use of the controlled substance.  Possible maximum penalties for a first-time violation include imprisonment for any period of time up to a term of life imprisonment, a fine of up to $4,000,000 if an individual, supervised release, any combination of the above, or all three.  These sanctions are doubled when the offense involves either:  (1) distribution or possession at or near a school or college campus or, (2) distribution to persons under 21 years of age.  Repeat offenders may be punished to a greater extent as provided by statute.  Further, a civil penalty of up to $10,000 may be assessed for simple possession of “personal use amounts” of certain specified substances under federal law.  Under state law, the offense of possession or casual exchange is punishable as a Class A misdemeanor; if there is an exchange between a minor and an adult at least two years the minor’s senior, and the adult knew that the person was a minor, the offense is classified a felony as provided in T.C.A. 39-17-417.
      It is unlawful for any person under the age of 21 to buy, possess, transport (unless in the course of his employment), or consume alcoholic beverages, wine or beer.  Such offenses are classified Class A misdemeanors and are punishable by imprisonment for not more than 11 months, 29 days, or a fine of not more than $2,500, or both (T.C.A. 1-3-113, 57-5-301).  It is further an offense to provide alcoholic beverages to any person under the age of 2l, such offense being classified as a Class A misdemeanor (T.C.A. 39-15-404).  The offense of public intoxication is a Class C misdemeanor punishable by imprisonment of not more than 30 days or a fine of not more than $50, or both (T.C.A. 39-17-310).
   5. Standards of Conduct
      Cleveland State Community College employees and students are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, use or being under the influence of illegal drugs or alcohol on the College campus, at off-campus facilities owned or controlled by the College or as a part of College sponsored activities.  All categories of employees and students are subject to this policy and to applicable federal, state and local laws related to this matter.
   6. Penalties and Sanctions
      Appropriate action will be taken in all cases in which faculty, staff, or students are determined to be in violation of this policy.  Any alleged violation by students shall be reported to the Dean of Student Affairs.  Allegations involving faculty or staff shall be reported to the Dean of Administrative Services.  The circumstances surrounding the offense and the facts as determined by appropriate investigation will be fully reviewed prior to a decision on the action to be taken.  Possible disciplinary sanctions for failure to comply with the provisions of this policy may include one or a combination of the following:
      1. Employees
         1. Recommended professional counseling
         2. Letter of warning/admonition
         3. Probation
         4. Mandatory participation in an organized drug treatment/ rehabilitation program
         5. Suspension
         6. Termination in accordance with the terms of employment-at-will contract
         7. Termination for cause
         8. Referral for prosecution
         9. Other appropriate disciplinary action
      2. Students
         1. Probation
         2. Mandatory participation in a drug/alcohol abuse/rehabilitation program
         3. Suspension
         4. Expulsion
         5. Referral for prosecution
         6. Other appropriate disciplinary action.
   7. Drug and Alcohol Counseling, Treatment and Rehabilitation Programs
      1. Office of Student Development
         Counselors in the Office of Student Development provide confidential counseling to students on drug and alcohol related problems.  This service is furnished at no cost.  Referral services are also provided for professional counseling, treatment and rehabilitation programs that are available in the local community.  The cost of these professional services is normally the responsibility of the individual concerned or the individual’s insurance carrier.
      2. Employee Assistance Program (EAP)
         Employees of the College and their dependents are eligible to participate in the State of Tennessee Employee Assistance Program.  Professional counseling services for drug and alcohol related problems are available through the Institute for Human Resources, Incorporated, an independent contractor.  The counseling services are voluntary and strictly confidential.  The services are free of charge for employees and their immediate family members.  Appointments for counseling are made by calling 1-800-468-8369.
   8. Notification of Drug Conviction
      Faculty and staff employees shall notify the President of the College in person or in writing of any drug conviction resulting from a violation in the workplace no later than five days after the conviction.  Conviction includes a finding of guilt, plea of nolo contrendre, or imposition of a sentence by any state of federal judicial body.
   9. Notification of Contracting or Granting Agency
      The college is responsible for making an official notification to the applicable federal contracting or granting agency within ten days after receiving notice from a faculty or staff employee or otherwise of an employee’s criminal drug statute conviction for conduct in the workplace.

Source:  Federal Legislation
Revised:  December 1, 1992