1 COP 1.43/Page 1 TEXAS STATE TECHNICAL COLLEGE COLLEGE OPERATING PROCEDURE 1.43 COLLEGE Waco Page 1 of 9 TITLE : Drug-Free Schools & Campuses & Workplace OFFICE OF RESPONSIBILITY: Student Development APPROVED BY: Original Signed by Elton E. Stuckly, Jr., Ed.D. TITLE: President Date 01/03/12 STATUS Replaces Policy and Procedure 1.43 "Drugs and Alcohol" Approved 04/27/93 Revised 09/23/96 Revised 03/23/98 Revised 12/11/00 Revised 03/12/01 Revised 01/13/03 Revised 01/03/12 PRACTICE It is the practice of Texas State Technical College Waco (TSTC Waco) to comply with and enforce TSTC System Operating Standard ES.3.08 on Alcohol/Drug Possession and Use as written. As allowed under Section A-1-b (General Prohibition Policy and Procedures), the President of TSTC Waco permits the consumption of alcoholic beverages for persons of legal age residing in private oncampus domiciles (Family Housing Units). Based on its commitment to create, provide and maintain a safe, healthy and drug-free school for education and work, TSTC Waco seeks to assure work and learning environments free of the unlawful possession, use, or distribution of illicit drugs and alcohol. The purposes of this policy and procedure are as follows: A. To establish and maintain a safe, healthy, and drug-free environment for employees and students. B. To establish and enforce clear policies that promote an educational environment free from the abuse of alcohol and use of other drugs.
2 COP 1.43/Page 2 C. To educate members of the campus community (both students and employees) for the purpose of preventing alcohol abuse and other drug use. D. To insure and maintain the good reputation of TSTC Waco and its employees, students, and graduates within the community. E. To minimize incidents of accidental injuries to persons or property at TSTC Waco. F. To reduce absenteeism and tardiness of both employees and students in order to improve the effective performance of job duties, student learning and productivity of both students and employees. G. To assist and provide for a reasonable level of care for alcohol abusers and other drug users through counseling and referral for treatment in overcoming any addiction, dependence upon, or problem with alcohol or drugs. H. To comply with the Federal Drug-Free Workplace Act of 1988, the Federal Drug-Free Schools and Communities act Amendments of 1989 and other applicable State and Federal legislation. SCOPE This policy and procedure applies to all TSTC Waco employees and students. This policy and procedure applies to all college property and all college activities under the control of the college. GLOSSARY OF TERMS A. "Alcohol or alcoholic beverage" - means any beverage that has an alcoholic content in excess of.5% by volume. B. "Cause for reasonable suspicion" shall be established by: 1. Observation 2. Employee actions/behaviors 3. Witness by employee, student or supervisor of possession or use. 4. Any other legal measure used for drug detection. C. The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. D. The term "criminal drug statute" means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance or drug.
3 COP 1.43/Page 3 E. "Drugs or other controlled substances" means any substance other than alcohol capable of altering an individual's mood, perception, pain level or judgement. 1. The term "controlled substance" means a controlled substance in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C.S. 812) or whose possession, sale, or delivery results in criminal sanctions under the Texas Controlled Substances Act (Art , TCS). In general, this includes all prescription drugs, as well as those substances for which there is no generally accepted medicinal use (e.g., heroin, LSD, marijuana, etc.), and substances which possess a chemical structure similar to that of a controlled substance (e.g. "Designer Drugs"). The term does not include alcohol. 2. An "illicit drug" or chemical substance is: a. Any drug or chemical substance, the use, sale, or possession of which is illegal under any state or federal law. b. One, which is legally obtainable but has not been legally obtained. The term includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes. 3. A "prescribed drug" is any substance prescribed for individual consumption by a licensed medical practitioner. It includes prescribed drugs and over-the-counter drugs, which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured. F. "School Activities" includes all activities related to, oriented or associated with TSTC Waco and includes activities in vehicles while traveling to or from school related or sponsored activities. G. "Sanctions" means personnel disciplinary actions against an employee, up to and including termination, or requiring satisfactory participation in an approved drug abuse assistance or rehabilitation program. If the employee has been convicted of a criminal drug statute, sanctions must be imposed within 30 days. "Sanctions" also means disciplinary actions against a student, up to and including expulsion or suspension from the school and/or its property. H. "Under the influence" means, for the purposes of this policy, that the employee is affected by a drug, alcohol, or a combination of drugs or alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of influence can be established by a professional opinion, a scientifically valid test, or in some cases, by a lay person or supervisor's opinion. POLICY This policy and procedure is organized into four areas: General Prohibition, Education, Enforcement,
4 COP 1.43/Page 4 and Assessment. A. General Prohibition Policy and Procedure 1. General Prohibition Policy a. Illicit Drugs Policy - The unlawful manufacture, distribution, purchase, dispensation, possession, sale or use of an illicit or illegal drug or controlled substance by a student or employee is prohibited at TSTC Waco, on its property or as part of any of its activities. Any such action will be reported to appropriate law enforcement officers and will result in sanctions being imposed against the employee or student. b. Unlawful Use of Alcohol Policy - The unlawful possession, use or distribution of alcohol by students and employees on its property or as part of any of its activities is prohibited at TSTC Waco unless specifically authorized by the president of the college. Any violation will be reported to appropriate law enforcement officers and will result in sanctions being imposed against the employee or student. c. Lawful Use of Alcohol Policy - The use of alcohol by employees or students during working hours, class hours, while on school premises or property is strictly prohibited. The consumption of alcohol by employees or students while performing school and/or instructional activities or business is prohibited unless specifically authorized by the president of the college. d. "Under the Influence" Policy - All employees and students are prohibited from being under the influence of a controlled substance, illicit drug or alcohol during working hours, class hours, or on its premises, as part of any of the school's activities, except for the legal use of a controlled substance, prescribed by a licensed physician, which shall be used only in the manner, combination and quantity prescribed and which shall only be used by the person to whom it is prescribed. 2. General Prohibition Procedures a. All employees who violate this policy and procedure may be subject to disciplinary action and sanctions, including termination according to the Policy and Procedure on Grievance, Discipline, and Dismissal of Employees (2.3). b. All students who violate this policy and procedure may be subject to disciplinary action and sanction, including suspension, according to the Student Code of Conduct in the Student Handbook. c. At the discretion of the school, an employee or a student may be referred to an assistance program and/or may be required to participate in and satisfactorily complete, a chemical abuse rehabilitation program as a condition of continued employment or enrollment. B. Education Policy and Procedure
5 COP 1.43/Page 5 1. Education Policy a. Annual Statement Policy - An annual distribution and statement in writing shall be provided to each student and employee. The statement shall notify the employee and student that TSTC Waco is a drug-free school. The distribution shall contain a current summary of the Drug and Alcohol Policy of TSTC Waco prohibiting the unlawful possession, use, manufacture, distribution, or dispensation of a controlled substance or illicit drugs and alcohol by students and employees. A description of applicable legal sanctions under local, state, or Federal law, a description of health risks associated with the use of illicit drugs and the abuse of alcohol; a description of available drug and alcohol counseling, treatment, or rehabilitation or reentry programs and a clear statement of disciplinary sanctions TSTC Waco will impose on students and employees if they violate the school's policy on drugs and alcohol. The annual distribution and statement will notify the employee that, as a condition of employment, the employee will abide by the terms of the policy and procedure and notify the employer of any criminal drug statue convictions for a violation occurring in the workplace no later than five (5) days after conviction. All new employees will be given the statement within three (3) days of being hired and will be required to sign the statement accepting the policy and procedure as a condition of employment. b. Drug-Free Awareness and Prevention Policy - It is the policy of TSTC Waco to increase awareness and provide education to its students and employees about health risks, available counseling, applicable legal and school sanctions related to the alcohol abuse and unlawful use of alcohol or illicit drugs. A Drug-Free Awareness and Prevention Program shall be established and maintained with the following purposes and objectives: (1) To inform all employees and students of the health risks and dangers of drug and alcohol abuse and use. (2) To inform all employees and students of the school's policy and procedure to maintain a drug-free campus and drug-free workplace. (3) To provide a system of accurate, current information exchange and education on the health risks and symptoms of alcohol or other drug use for students, faculty, and staff. (4) To recommend support and promote alcohol-free institutional activity programming. (5) To provide a system of intervention and referral services for students, faculty, and staff. (6) To establish collaborative relationships between other colleges,
6 COP 1.43/Page 6 institutes, community groups and agencies and TSTC Waco for alcohol and other drug related education. (7) To provide and assist with training programs for students, faculty, and staff to enable them to detect problems of alcohol abuse and other drug use and to refer persons with these problems to appropriate assistance including drug counseling, rehabilitation, and student or employee assistance programs. (8) To provide alcohol and drug information to students in student orientation programs. (9) To support and encourage faculty efforts in incorporating alcohol and other drug education into the curriculum, where appropriate. (10) To review and assess the effectiveness of a Drug-Free Awareness and Prevention Program and recommend implementation of any needed changes to program or policy. (11) To develop, assist and coordinate efforts on campus for alcohol and other drug-related education, community treatment and referral services, and publication of sanctions that may be imposed for drug abuse violations. c. Handbooks Statement Policy - It is the policy of TSTC Waco to publish a statement in the Employee Student Handbooks regarding its policy on the unlawful possession, distribution, or use of illicit drugs and alcohol. The statement shall include a summary of the prohibitions, a description of legal and school sanctions, a description of health risks, and a description of available drug and alcohol counseling, treatment programs and assistance programs. 2. Distribution of Required Information a. The TSTC Waco drug and alcohol policy statement is located in the Student Handbook and is included in the Annual Security and Fire Safety Report. b. The Annual Security and Fire Safety Report is maintained on the TSTC Waco website and electronic notification is provided to each employee and student prior to October 1 of each year. The Annual Security and Fire Safety Report shall be prepared and the required notices provided by the TSTC Waco Chief of Police. c. The Director of Student Health Services will be designated to organize, manage, and oversee the college s drug and alcohol awareness efforts. C. Enforcement Policy and Procedure 1. Enforcement Policy a. Duties and Responsibilities - It shall be the duty and responsibility of any employee, supervisor, or administrator to report any violation of the General Prohibition Policy to the appropriate parties.
7 COP 1.43/Page 7 b. Minimum Penalties - Employee - The minimum penalty or sanction for an employee convicted (as defined in Glossary of Terms IIIC) of the use, possession, or distribution of an illicit drug on school property or as part of any of its activities shall be termination of employee. c. Minimum Penalties - Student - The minimum penalty or sanction for a student convicted (as defined in Glossary of Terms IIIC) of the use, possession, or distribution of an illicit drug on school property or as part of any of its activities shall be suspension. 2. Enforcement Procedure a. If an immediate supervisor or other appropriate administrative official reasonably suspects the violation of the above prohibition policy by an employee, the supervisor or official shall immediately notify the appropriate Disciplinary Supervisor. The Policy and Procedure on Grievance, Discipline, and Dismissal of Employee (2.3) shall govern any discipline. A record of the action will be place in the employee's personnel file. Such violation will be referred to appropriate law enforcement officers, if applicable. b. If an employee reasonably suspects the violation of the above policy by a student, the employee shall notify the Dean of Students. The Dean of Students or designee shall investigate and follow the TSTC Waco student disciplinary statement in the Student Handbook. A record of the action will be placed in a confidential student file retained by the Dean of Students. Such violation will be referred to appropriate law enforcement officers, if applicable. c. Use of alcohol or an illegal drug or controlled substance by an employee while not on duty or on school property which results in absenteeism, tardiness, impairment of work performance or is the cause of work place accident or adversely affects the health or safety of other employees, students, or visitors will not be allowed. d. If a supervisor reasonably suspects or has cause for reasonable suspicion that usage of a controlled substance or alcohol has affected an employee's job performance, the supervisor shall immediately notify the appropriate disciplinary supervisor and, upon direction, the supervisor or other designated administrative official shall discuss with the employee the suspected drug or alcohol related problems. The employee should be advised of any available drug or alcohol abuse counseling, rehabilitation, or employee assistance programs. All such meetings between the employee and the supervisor or other designated administrative official to address the suspected drug and alcohol related problem and/or its resolution shall be documented in a memorandum to the record and filed in the employee's personnel file. e. Should such discussion and/or participation in any available drug and alcohol counseling, rehabilitation, or employee assistance program fail to resolve the suspected drug-related problems, or should the employee fail to meet the terms of any conditions set for continued employment, the employee may be subject to disciplinary sanctions including termination.
8 COP 1.43/Page 8 f. Where there is cause for reasonable suspicion and at the discretion of the college, vehicles, personal areas, dorm and dorm rooms, apartments, school property, offices and other private areas will be searched without prior notice to insure a work and school environment free of illegal drugs or unlawful or unauthorized use or possession of alcohol. An employee or student found to possess, use or distribute unlawfully illicit drugs or alcohol will be subject to immediate disciplinary action and sanctions including suspension or termination of employment. Such action may be taken by the school regardless of the civil or criminal disposition of the case by other authorities. All common areas of the campus, at the discretion of the college, will be searched without prior notice to insure a work and school environment free of illicit drugs or unlawful or unauthorized use of alcohol. D. Assessment Policy and Procedure 1. Assessment Policy The use of drug-sniffing dogs is acceptable; however, only qualified handlers with certified dogs may be used. a. Biennial Review TSTC Waco will review biennially its Drug-Free Awareness and Prevention Program and make the following determinations. (1) Effectiveness of program. (2) Implementation of needed changes. (3) Consistent enforcement of disciplinary penalties and sanctions. b. Notice of Convictions - All appropriate Federal agencies shall be notified within ten (10) days after an employee has been convicted of a criminal drug statute violation occurring in the workplace. 2. Assessment Procedures a. The biennial review will be conducted by an ad hoc campus committee that is chaired by the Associate Vice President of Student Development. b. The review will be documented by a written report submitted to and retained by the President of the college. c. The Human and Organization Development Office shall notify in writing any appropriate Federal Contracting or Granting Agency after receiving notice of a conviction of a criminal drug statue for violation occurring in the workplace. The President or appropriate official or employee who receives the notice shall immediately inform the Human and Organization Development office in writing. The notice must be given within ten (10) days after receiving notice of a conviction.
9 COP 1.43/Page 9 PERFORMANCE INDICATORS A. Statement and Notices required in Section IV, B,1a of this policy and procedure will be distributed and documented annually. B. Policy statements shall be included in the Faculty and Student Handbook and Student Right to Know Brochure on an annual basis. C. The biennial review shall be conducted by the designated college official or appointed committee biennially. D. The President shall certify, as required by the Drug-Free School and Communities Amendment of 1989 to the Department of Education that TSTC Waco has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drug and alcohol by students and employees. PERTINENT INFORMATION (Reference Sources) A. Drug-Free Workplace ACT of 1988 B. Drug-Free Schools and Communities Act Amendment of 1989, Public Law (20 U.S.C.S. 1145g) C. Standards of the Network of Colleges and Universities Committed to the Elimination of Drug and Alcohol Abuse D. 34CFR Part 86-Federal Register (Department of Education Notice of Proposed Rule-making) E. TSTC Student Handbook F. TSTC Code of Student Conduct
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