A4900.00 Alcohol and Controlled Substances Compliance Testing

 

Statement

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It is the policy of the Board of Trustees that Shawnee Community College satisfy the requirements of the federal and state Drug Free Workplace Acts (41USCA, 701 et seq. and 30 ILCS 580/1, et seq.) and the Drug-Free Schools and Communities Act (20 U.S.C. 1145g part 86 of the Drug and Alcohol Abuse Prevention Regulations), and make good faith efforts to maintain a drug- and alcohol-free campus.

 

Interpretation and Implementation of Policy

The federal government regulates drugs through the Controlled Substances Act (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of marijuana. Shawnee Community College recognizes drug and alcohol dependency as an illness and a major health problem. Thus, to comply with the Federal Drug-Free School and Communities Act, the College prohibits the use, possession, manufacture, or distribution of all cannabis, cannabis products, or any substances containing THC (tetrahydrocannabinol), including medical marijuana, upon any property owned, leased, or occupied by the College, or as part of any of the College’s activities.

The Compassionate Use of Medical Cannabis Pilot Program Act, an Illinois law that permits the use of medical marijuana by persons possessing lawfully issued medical marijuana cards, also states, “Nothing in this Act shall prevent a university, college, or other institution of post-secondary education from restricting or prohibiting the use of medical cannabis on its property.”

No person shall possess, use or have under his/her control narcotics, dangerous drugs, synthetic drugs, or any controlled substance without a prescription including, but not limited to, Marijuana, Methamphetamines, Barbiturates, Cocaine, or hallucinogens in any building or on any property owned or controlled by the College.  Additionally, any person suspected of selling controlled substances and/or dangerous drugs as described above will be immediately reported to campus security or law enforcement for an investigation and may be subsequently subject to civil prosecution, criminal prosecution, as well as any College actions pursuant to the policies of the College.  The College may hold persons responsible for their behavior at all times.

The Illinois Cannibis Regulation and Tax Act (CRTA), authorizing individuals over the age of 21 to recreationally use Marijuana in the State of Illinois does not change the College’s prohibition or otherwise authorize a student or employee of the College to use Marijuana on College-owned or operated property.  Federal law, including the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act, continues to prohibit the use of Marijuana.  Thus, Marijuana use, possession, production, manufacture, sale, possession with intent to sell, trafficking, or distribution, even if in compliance with CRTA, is prohibited on campus.

 

Alcohol and Controlled Substances Non-Compliance

1. All employees and students shall immediately notify the President or his/her designee of any suspicions or knowledge of an employee or student who unlawfully manufactures, distributes, dispenses, possesses, uses, or is suspected of being under the influence of alcohol, any controlled substance, or medical Marijuana upon any property owned, leased, or occupied by the College, or as part of any of the College’s activities. This also pertains to prescription drugs being taken without a doctor’s authorization or without the proper prescription. It is the employee’s responsibility to check the potential effects of prescribed drugs and over-the-counter medications with the doctor or pharmacist before starting work, and to immediately let a supervisor know when such use makes it unsafe for the employee to report to work or fulfill job responsibilities. A student should be mindful of the side effects of a prescribed drug and let someone at the College know if such use of the prescribed drug is going to interfere with the student’s ability to attend class, participate in activities associated with the College or prevent the student from being able to complete work or an assignment.  A student’s ability to make up work or complete an assignment at a different time will be determined on a case-by-case basis and at the discretion of the department or instructor from which or by whom the Student’s work and assignment is assigned.
2. All employees and students shall immediately notify the President or his/her designee of any suspicions or knowledge of an employee or student who possess any type of contraband or paraphernalia that is associated or affiliated with the use, possession, distribution, or manufacturing of any illegal or controlled substance or drug while upon any property owned, leased, or occupied by the College, or as part of any of the College’s activities.
3. Students or employees who violate Policy 4380 may be required to complete an appropriate rehabilitation program for help in dealing with drug or alcohol abuse. The violator will be subject to disciplinary action, up to and including termination or expulsion.
4. The President or his/her designee shall notify any relevant federal or state grantor agency of the confirmed violation with ten (10) days to ensure compliance with the Drug-Free Work Place Act.
5. Additional acts, or failures to act, shall be considered violations of this Policy:
   1. Storing any illegal drug, drug paraphernalia, Cannibis or alcohol in or on property owned or controlled by the College.
   2. Failing to notify an employee’s supervisor prior to starting work of any known side effects of medications, prescription drugs, or other chemical compounds or supplements of any kind, including Cannibis, that the employee is taking (or has taken) which might affect the performance of the employee’s duties.
   3. Failing to provide, within one (1) workday following a request, documentation confirming a valid prescription for any drug or medication identified by a positive drug test.
   4. Failing to adhere to the requirements of any drug or alcohol treatment program in which the employee is enrolled as a condition of continued employment.
   5. Failing to notify the employee’s supervisor of any arrest, conviction, or relevant plea (including pleas of guilty and nolo contendere) relating to drugs or alcohol no later than the earlier of the next date the employee is scheduled to work or two (2) calendar days following the arrest, conviction, or plea.
   6. Tampering with, adulterating, altering, substituting or otherwise obstructing any testing process required pursuant to this policy.
   7. Performing any safety-sensitive duties while having a blood alcohol concentration of .02 or greater.
   8. Consuming alcohol or Cannibis during the eight-hour period following an accident or incident requiring a drug and/or alcohol test before a post-accident alcohol and/or drug test is given.
   9. Reporting for duty or remaining on duty requiring the operation of a commercial vehicle when the employee or the student has used a drug or drugs, except when the use is pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial vehicle.

6. When possible, the College shall attempt to have two (2) College employed persons present for any observations of someone thought to be under the influence of a substance or alcohol in violation of this Policy. A summary, including what was observed and who was present, shall be documented, dated and signed by the College employees preparing the document and who made observations of a suspected person violating this Policy. 

 

Alcohol and Controlled Substances Testing

1. Any of the following may be used to test someone suspected of being under the influence of alcohol and/or drugs in violation of this Policy. Testing shall include, but is not limited to, any of the following:
   1. Urine testing
   2. Evidentiary breath testing (portable breath alcohol tester, such as a Breathalyzer)
   3. Blood testing
   4. Hair follicle testing
   5. Saliva testing.
2. The College may require prospective employees to take and pass a pre-employment drug screening. If so, offers of employment are conditional on the successful results of the drug screening procedure. Transferred or promoted employees may be required to take and pass a subsequent drug test as a condition of transfer or promotion.
3. Testing will be mandatory in the following situations:
   1. Safety-sensitive Positions
      1. All applicants for safety-sensitive positions (e.g., Truck Driving Instructor and Bus Drivers) are required to pass a Department of Transportation (DOT) pre-employment urine drug test prior to final approval for hire or upon hire.
   2. Post-Accident
      1. Post-accident drug and/or alcohol testing will be conducted on the driver and occupants when an accident occurs with a College vehicle. (This test may be waived at the President’s discretion.)
   3. Random Drug Testing
      1. All positions regulated under DOT will be required to submit to a random drug test.
4. The College reserves the right to request a urine or blood test sample from an employee due to reasonable suspicion or cause in the following situations:
   1. Observable subjective symptoms or unusual behavior by the employee;
   2. Observable objective symptoms, including but not limited to, factors related to the employee’s appearance, behavior, speech, and/or other factors;
   3. The odor of alcohol or drugs on the employee’s breath or clothes or in an area immediately controlled or occupied by the employee (such as in a vehicle, office, work area, or restroom);
   4. Alcohol, alcohol containers, illegal or controlled substances, or paraphernalia in the employee’s possession or in an area controlled or occupied by the employee (vehicle, office, or restroom);
   5. Unexplained or significant deterioration in job performance;
   6. Unexplained or significant changes in behavior (e.g., abusive behavior, repeated disregard of safety rules or procedures, insubordination, etc.);
   7. Criminal citations, arrests or convictions involving drugs or alcohol;
   8. Employee admissions regarding drug or alcohol use;
   9. Any involvement in any work-related accident or near misses;
   10. Reasonable suspicion that the employee has been or may have been involved in the use, possession, transfer, distribution, manufacture, and/or sale of drugs or alcohol upon any property owned, leased, or occupied by the College, or as part of any of the College’s activities, or while operating a vehicle or potentially dangerous equipment that is owned, leased or controlled by the College, or while the employee is acting on the College’s behalf;
   11. A test results in a finding of a diluted sample or reasonable suspicion that a sample has been tampered; or
   12. Any reason to believe an employee tampered with a previous urine or drug test.
5. Prior to enrollment in such educational programs deemed by the administration to require drug testing or participation in extracurricular activities, students must agree to participate in the drug screening program.
6. Recognizing that certain educational programs and/or activities expose students, participants, faculty, staff, and observers to a greater risk of injury due to the nature of the activity, the Board authorizes the Administration and its designees the right to randomly test students/participants enrolled in such programs for the illegal use of any controlled substance or the use of legal substances impairing the ability of the student/participant to perform an activity or participate in any College-sponsored event.
7. Certain fields of study require practical experiences that should be practiced without impaired judgment from the use of alcohol or controlled substances. All students in health care and other required programs must pass a drug screening test before entering their practicum/clinical/externship, as well as be subject to random testing throughout their program.
8. Students may also be tested if there is reasonable suspicion that illegal use of any controlled substance or alcohol or the abuse of legal drugs has occurred in such a manner that an individual’s ability to safely participate in an activity has been compromised or has compromised others attending or participating in the activity on the College premises.A
9. reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances that are consistent with short-term effects of substance abuse.
   1. If the test has been administered to an employee, the employee may be placed on an immediate suspension from work until the results are obtained. If suspended, the employee may be suspended with or without pay at the College’s sole discretion and subject to other requirements of the College. If an employee’s test is positive and reveals the employee is intoxicated or under the influence of narcotics or prescribed or over-the-counter medications in excess of prescribed dosages, stimulants, amphetamines, barbiturates, or illegal or controlled drugs, the employee will be subject to disciplinary action, up to and including immediate termination. Results shall be maintained in a confidential manner in accordance with federal, state and/or local law. Employees subject to testing may request written test results, and in the event of a positive test, employees may request an explanation of the results in a confidential setting.
   2. If the test has been administered to a student, the student may be placed on an immediate suspension from being present on campus or at campus-sponsored events until the results are obtained. If suspended, the student may be suspended with or without the opportunity to make-up missed coursework at the College’s sole discretion and subject to other requirements of the College. If a student’s test is positive and reveals the student is intoxicated or under the influence of narcotics, prescribed or over-the-counter medications in excess of prescribed dosages, stimulants, amphetamines, barbiturates, or illegal or controlled drugs, the student will be subject to disciplinary action, up to and including immediate expulsion. Results shall be maintained in a confidential manner in accordance with federal, state and/or local law. Students subject to testing may request written test results, and in the event of a positive test, students may request an explanation of the results in a confidential setting.
10. The College, at its sole and exclusive discretion, may require an employee or a student who has tested positive in violation of this Policy to submit to an alcohol and/or drug test before returning to duty (if an employee) or returning to College activities (if a student). This shall be considered a fitness for duty or participation test.

 

Duty to Cooperate

1. An employee’s failure or refusal to cooperate with this procedure when requested to do so will be considered insubordination and may result in disciplinary action against the employee, up to and including termination, and, if appropriate, referral for prosecution by local, state, or federal law enforcement agencies. Failure or refusal to cooperate includes, but is not limited to:
   1. Refusal to consent to testing, to submit a sample, or to sign required forms;
   2. Refusal to cooperate regarding notifications of Policy 4380 violations (for example, refusing to courteously and candidly cooperate in any interview or investigation, including any form of truthfulness, misrepresentation or misleading statements or omissions.);
   3. Any form of dishonesty in the investigation or testing process.
2. In addition, the Board authorizes the Administration and its designees the right to remove any individual who appears to be under the influence of any controlled substance (drugs and/or alcohol) or who appears to be unduly under the influence of any legal or illegal drug impairing the immediate safety of the said individual or others participating in a College activity or while on College premises.
3. The College reserves the right, at its sole and exclusive discretion, to conduct unannounced searches of its facilities and properties for alcohol and/or illegal or controlled substances. Employees and students are expected to cooperate in such searches.
   1. Searches of employees and students and their personal property may be conducted when there is reasonable suspicion that an employee or student is in violation of this policy.
   2. Employees and students acknowledge that the College is a public institution and by receiving employment or being enrolled in instruction or participating in College activities there is a reduced expectation of privacy. The protection and safety of employees, students and the general public outweigh any expectation of privacy on College-owned and controlled property and/or in vehicles.
   3. An employee’s consent to such a search is required as a condition of employment and the employee’s refusal to consent may result in disciplinary action, up to and including termination.

 

Employee and Student Responsibility and Acknowledgement

1. The provisions of this Policy are not to supersede any other Policy as it pertains to discipline. The College shall adhere to and follow other progressive discipline methods when required under and pursuant to this Policy or any Contract or Agreement the College has entered into. Any conflict between this Policy and any other Policy or Agreement by the College shall be determined on a case-by-case basis so that the protections afforded the College by this Policy can occur for the safety and well-being of employees, students and the public in general.
2. It is every employee’s and student’s responsibility to check the potential effects of prescribed drugs and over-the-counter medications with the doctor or pharmacist before starting work, coming to campus, or conducting any business or activity on behalf of or at Shawnee Community College, and to immediately let a supervisor or instructor know when such use makes it unsafe for the employee to report to work or fulfill job responsibilities, or for the student to participate in any College activity.
3. Receipt of this Policy by any Student or Employee is an acknowledgment of receiving and understanding the restrictions put into place by the College. Any employee violating this policy is subject to discipline, up to and including termination of employment. Any student violating this policy is subject to discipline, up to and including, probation, suspension or expulsion from the College.

 

Change Log
Date	Description of Change	Governance Unit