THE COLLEGE OF WESTERN IDAHO PTE PROGRAMS DRUG FREE SCHOOL POLICY

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1 THE COLLEGE OF WESTERN IDAHO PTE PROGRAMS DRUG FREE SCHOOL POLICY Policy Statement The College of Western Idaho s PTE Programs has an interest in establishing an environment free of the influence of drugs and alcohol for the benefit of its students, and the public at large. As a result, the College is implementing a drug and alcohol free school policy to insure that its students are free from the effects of drugs and alcohol while on College business. This is consistent with federal regulations requiring drug testing for students involved in the transportation industry as well as regulations requiring a drug free workplace for businesses contracting with the federal government. Effective July 1, 2009, The College of Western Idaho s PTE Programs (hereafter referred to as the College ) will implement this Drug Free School Policy which will apply to all students. INTRODUCTORY PROVISIONS Possession, Use, or Distribution of Illegal Drugs or Alcohol The possession, use, purchase, sale, or distribution of illegal drugs (meaning those drugs for which there is no generally accepted medical use; i.e. marijuana, cocaine, methamphetamine, PCP) or drug paraphernalia by a student on College grounds, and/or using College vehicles and property, is strictly prohibited. Any student violating this prohibition will be terminated. Questions Regarding this Policy The College designates the Department Chair as the person responsible for answering questions relating to the provisions of this policy. A copy of this policy will be made available to all students. Student Use of Alcohol The College is committed to ensuring that students are not under the influence of alcohol. Therefore, students are not to consume alcohol within eight (8) hours of reporting to class. Furthermore, students are not to report to class or remain in class while under the influence of alcohol, meaning having a blood alcohol concentration (BAC) greater than.02. Prescription Medication Students are cautioned regarding the use of prescription medication that contains a warning label stating that the use of that drug may impair his/her ability to safely operate equipment or machinery. Students will be allowed to attend class while using such medication if the drug is prescribed by a licensed medical practitioner who is familiar with the student s medical history and assigned duties and who has advised the student that the prescribed drug will not adversely affect his/her ability to safely attend class. 1

2 Self-Referral All current students who feel they may be drug or alcohol dependant and who identify themselves as such will be encouraged seek treatment for that dependency. Current students who undergo drug or alcohol rehabilitation will be expected to do so at their own expense, and on their own time. Current Students who have come forward and identified themselves as possibly being drug or alcohol dependent will be required to pass a drug or alcohol test with a negative result within (20) twenty days of coming forward. Those students that are able to take and pass a drug and or alcohol test with a negative result within the allotted time may be admitted into the College s PTE Programs for the next available start date. A student may not come forward to avoid the consequence of a positive test result or to avoid taking a drug or alcohol test when requested to do so under the terms of this policy. DRUG OR ALCOHOL TESTING REQUIRED OF STUDENTS Condition of Enrollment Testing Enrollment in PTE programs may require students to pass a drug test. Students who either fail or refuse to take the condition of enrollment drug test will not be allowed to continue in the program. Reasonable Cause Testing The College will require a student to be tested for alcohol and/or illegal drugs, if their physical appearance or pattern of behavior gives College official s reason to believe the student may be impaired. The basis of suspicion may be a specific, contemporaneous event or conduct evidencing impairment observed over a period of time. Random Testing All students will be subject to random drug and alcohol testing. Random testing will be unscheduled and every student will be subject to testing. The random selection method, as well as the percentage of students selected to be tested, will be determined in consultation with Minert & Associates, Inc. Post Accident Testing Any student who is involved in a school-related accident will be tested for the use of illegal drugs and may be tested for alcohol as soon as practicable after the accident. Examples of accidents that will require a student to take a post accident test include, but are not limited to, situations where: 1. A student causes a fatality or bodily injury to another person and where the injured person requires medical treatment away from the accident; or, 2. A student causes damage to property owned by the College, or by a third party, that may reasonably be estimated to exceed $500. If it is determined by the student s supervisor that the accident was definitely caused by the actions of another, and that there were no unsafe acts on the part of the injured student, they need not be tested. Students who are involved in a school-related accident requiring medical attention are to inform their 2

3 supervisor or instructor of the accident as soon as possible so that any needed drug or alcohol testing may be promptly conducted. DRUG/ALCOHOL TESTING PROCEDURES Specimen Collection Procedure Only those collectors instructed in the proper methods of collection will conduct specimen collections. The person conducting the collection will utilize proper chain of custody documentation provided by the laboratory. They will also ensure that the donor s specimen is provided in a location and manner that protects a donor s privacy, and that the specimen is properly identified, sealed, and protected against tampering. Direct observation of a donor providing a urine specimen will only be conducted when there is evidence that the donor has submitted or attempted to submit an adulterated or false specimen. Specimen collection, storage, and transportation to the laboratory will be conducted in a manner that precludes specimen contamination or adulteration. Submission of an Adulterated or Diluted Specimen If the collection monitor determines that a student has submitted an adulterated or diluted specimen, that specimen will be discarded and a second specimen will be requested. It will be the second specimen that will then be tested. If the request for a second specimen is refused the collector will inform the supervisor of the student s refusal to submit an acceptable specimen. Such refusal will result in the student being terminated from the Transportation Program. Drug/Alcohol Testing and Confirmation All urine specimens will be tested for the presence of illegal drugs. The College reserves the right to test a student for the presence of prescription medication when it has reason to believe the student may be abusing such medication. Any urine specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method at a certified testing laboratory. Any student who confirms positive for illegal drugs may request their same specimen be re-tested. This request must be conveyed to the College within 48 hours of the student being notified of the positive test result. Any such re-test will be at the student s expense unless the result is negative, at which time they will be reimbursed. Any student who requests such a re-test will be suspended during the time of the re-test. Any student whose retest comes back negative will be paid for the cost of that test. Refusal A student may not refuse to take a drug or alcohol test when requested to do so consistent with the terms of this policy. Such a refusal will be considered equivalent to testing positive. A student will be considered as refusing to test if they: 1) Expressly refuse to take a test when so requested 2) Fail to provide an adequate breath, saliva, or urine sample without a valid explanation 3) Engage in conduct that clearly obstructs the testing process 3

4 Notification of Test Results All drug test results received from the laboratory will be forwarded through the office of Minert & Associates, Inc. to the College. In forwarding test results, the staff of Minert & Associates, Inc. will only report results to those College officials authorized to receive them. The College will be notified of both the student s name and the drug(s) for which they were tested. Any student who tests positive will be given the opportunity to discuss that result with the staff of Minert & Associates, Inc., prior to the College taking disciplinary action. In talking with any such individual, the staff of Minert & Associates, Inc. will follow up on all information deemed necessary to resolve the student s positive drug test. If the staff at Minert & Associates, Inc. determines that a student s positive test result was due to his/her authorized use of prescription medication they will immediately report that result to the College and no further action will be taken. However, if a student cannot provide a reasonable explanation for his/her positive test results, the College will then take disciplinary action consistent with the terms of this policy. Effect of Testing Positive Any student who tests positive for the presence of illegal drugs or alcohol will be subject to the following terms: o 1st Positive Test Result - The student will be terminated from the PTE Program for the remainder of the semester plus one full semester. The student will have to complete a drug rehab Class. o 2nd Positive Test Result The student will be terminated from the program, and will not be allowed to apply to any PTE Program for a period of five years. The student will have to attend a drug rehab Class in order to enter any of the PTE programs at CWI o 3rd Positive Test Result - The student will be terminated from the program, and is no longer eligible to return to any of our PTE Programs. Conclusion The terms of this Drug Free Policy are intended to produce an environment where students are free from the effects of drugs and/or alcohol. Students should be aware that the provisions of this policy may be revised when necessary. The College anticipates that by implementing the provisions of this Drug Free School Policy its students will enjoy the benefits of a safer and more productive learning environment. The College of Western Idaho Representative Date 4

5 THE COLLEGE OF WESTERN IDAHO PTE PROGRAMS Drug/Alcohol Testing Consent Form As a condition of my enrollment with The College of Western Idaho s PTE Programs I consent to be subject to the College s Drug Free School Policy. I consent to the release of my test results by Minert & Associates, Inc. to The College of Western Idaho s PTE Programs and understand that those results will be held in confidence. I understand that if I test positive for illegal drugs I will be given an opportunity to discuss that result with Minert & Associates, Inc. for the purpose of providing a reasonable explanation regarding my positive drug test. I further understand that if I test positive for the presence of illegal drugs or alcohol, I will be subject to the following terms: o 1st Positive Test Result - The student will be terminated from the PTE Programs for the rest of the semester plus one full semester. The student will have to complete a drug rehab class. o 2nd Positive Test Result The student will be terminated from the program, and will not be allowed to apply to any PTE Program for a period of five years. The student will have to attend a drug rehab Class in order to enter any of the PTE programs at CWI o 3rd Positive Test Result - The student will be terminated from the program, and is no longer eligible to return to any of our PTE Programs. I have received, read, and understand the terms of The College of Western Idaho s PTE Programs Drug Free School Policy and agree to abide by that policy. Student s Name (PRINT) Student s Signature Date