Staff HR Policy D-744.01
Institutional Effectiveness Criterion: Culture

Alcohol and Illegal Drugs Procedure

This staff procedure is intended to carry out policy D-505.08 in order to comply with the 1989 amendments to the Drug-Free Schools and Campuses Act (34 CFR Part 86) and the Drug-Free Workplace Act of 1988.

EMPLOYEES

Consistent with State and Federal Law, Northwestern Michigan College (NMC) will maintain a workplace free from the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance. The unlawful manufacture, distribution, dispensation, possession or use of controlled substances, and illegal drugs are prohibited on any property under the control of and governed by the Board of Trustees of Northwestern Michigan College, and at any site where work is performed by individuals on behalf of Northwestern Michigan College.

Pursuant to applicable College procedures governing employee discipline, any employee involved in the unlawful use, sale, manufacturing, dispensing or possession of controlled substances, illegal drugs on College premises or work sites, or while conducting business-related activities off NMC premises, or working under the influence of such substances, will be subject to disciplinary actions. Possible sanctions include:

• Suspension without pay
• Completion of an appropriate rehabilitation program
• Termination of Employment or Partner status
• Referral for prosecution

Please refer to policy D-505.08 for guidance on the use of alcohol on and off campus.

The list of possible sanctions shall not be construed as limiting NMC's complete discretion to impose the sanction it deems appropriate or require a particular sanction to be imposed.

To help employees understand the important provisions of this policy, a drug-free awareness program has been established. The program provides information on the dangers and effects of substance abuse in the workplace, the resources available, and the consequences of violating this policy.

If employees have questions about substance dependency or abuse, they are strongly encouraged to use the resources of the Employee Assistance Program (EAP). Employees should discuss these matters with their supervisor and the Office of Human Resources to receive assistance or referrals to appropriate community resources prior to receiving disciplinary action.

An employee with a drug or alcohol problem may request approval to take Family and Medical Leave Act (FMLA) leave time to participate in a rehabilitation or treatment program through NMC's health insurance benefit coverage, if the employee's substance abuse problem has not already resulted in disciplinary action and the employee is not currently subject to immediate disciplinary action. The time off may be granted if the employee agrees to abstain from using the problem substance; abides by all NMC policies, rules, and prohibitions relating to conduct in the workplace; and if granting the time off will not cause NMC any undue hardship.

Under the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify NMC of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five days of the conviction. Failure to provide such notice will subject the employee to discipline up to and including dismissal pursuant to applicable College procedures governing employee discipline. The employee shall notify his/her immediate supervisor, who will report the incident to the Office of Human Resources (231-995-1342).

COLLEGE OBLIGATION FOR NOTIFICATION OF CONVICTION

Upon receipt of notification of a criminal drug statute conviction for employees, the Executive Director of Human Resources, or appropriate executive staff member will inform, as appropriate the Vice President for Student Services and Technologies, or the Vice President for Educational Services.

Within ten (10) calendar days of the notification of a criminal drug statute conviction, the Executive Director of Human Resources or the Vice President for Educational Services will determine whether reporting the conviction to any federal funding agency or agencies is required by the Drug-Free Workplace Act of 1988, as amended.

Within thirty (30) calendar days of receiving notice of a criminal drug statute conviction, the Executive Director of Human Resources, or the VP of Educational Services must take steps to require: 1) that the employee satisfactorily participates in a drug rehabilitation program, or 2) that personnel action consistent with the Rehabilitation Act of 1973, as amended, is imposed in accordance with appropriate collective bargaining agreements, employee policies, or other College procedures. Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Office of Human Resources (231.995.1342) without fear of reprisal.

Sanctions for violation or non-compliance. Violations of this policy will result in personnel action against the employee, up to and including dismissal pursuant to college procedures relating to employee discipline.

MAINTENANCE OF A DRUG-FREE WORKPLACE

NMC must provide an annual drug-free workplace certification to appropriate Federal funding agencies, and make a good faith effort to comply with its certification to provide a drug-free workplace, and otherwise meet the requirements of the Drug-Free Workplace Act, including having a policy statement and a drug-awareness education program. The Executive Director of Human Resources will ensure that a drug-awareness education program is provided for NMC employees.

RESOURCES/ASSISTANCE FOR EMPLOYEES AND STUDENT EMPLOYEES

NMC supports programs aimed at the prevention of substance abuse by its employees, and encourages employees with alcohol and other drug dependency problems to obtain assistance. Leaves of absence for eligible employees to access treatment may be obtained under the medical leave provision of the appropriate collective bargaining agreement or human resource policies.

Employees with alcohol or other drug dependency problems are encouraged to contact Human Resources at 231.995.1342, the employee assistance program at 231-947-8387, community counseling centers for assistance, or visit http://www.theagapecenter.com/Treatment-Centers/Michigan.htm and click on Substance Abuse Treatment Facility Locator for Michigan.

STUDENTS

NMC's compliance with provisions of the 1989 amendments to the Drug-Free Schools and Campuses Act Amendments applying to students is achieved through a comprehensive alcohol and other drug prevention program which includes policy enforcement, education programs and treatment services.

The Student Code of Conduct in the Student Handbook prohibits the use, possession, manufacture, or distribution of controlled substances, and look-alike drugs, and the use of alcoholic beverages as prohibited by NMC policies and or state law.

Alleged violations of the Student Code of Conduct are adjudicated through the NMC student judicial process. Consequences for violations may include but are not limited to the following sanctions:

• Disciplinary probation
• Required attendance at educational programs
• Referral for assessment and treatment
• Relocation to a new living environment; and
• Suspension or expulsion from NMC.

In addition, students can expect to be arrested and fined for violations of local, State, and Federal Law on campus. For more information related to State and Federal Sanctions, please refer to policy D-505.08 - Alcohol & Drug Regulations Policy.

NMC supports and sponsors programs aimed at the prevention of substance abuse by students. NMC encourages students with alcohol or drug dependency problems to contact NMC's Counseling office 231.995.1118, community counseling centers for referral services or assistance, or to visit http://www.theagapecenter.com/Treatment-Centers/Michigan.htm and click on Substance Abuse Treatment Facility Locator for Michigan.

LEGAL SANCTIONS FOR EMPLOYEES AND STUDENTS

There are legal sanctions under NMC regulations, local ordinances, and under state and federal law for the unlawful possession, use, or distribution of illegal drugs and alcohol. Violators may be subject to sanctions imposed by law or governmental regulation, in addition to NMC-imposed discipline.

PROGRAM-SPECIFIC REQUIREMENTS

Students and staff participating in programs having specific drug and alcohol testing requirements imposed by law or governmental regulation (e.g., Aviation, Dental, Great Lakes Maritime Academy, Nursing, and Police Academy) shall be required to comply with the testing protocols imposed by such regulations. Violators may be subject to sanctions imposed by law or governmental regulation, in addition to NMC-imposed discipline.

HEALTH RISKS FOR EMPLOYEES AND STUDENTS

Health (and other) risks associated with the use of alcohol and other drugs include, but are not limited to: impaired academic or work performance; lost potential; absenteeism from class or work; financial problems; doing things one later regrets; conflicts with coworkers, classmates, families, friends, and others; sexual assault and other unplanned sexual relationships; unwanted pregnancies; sexually-transmitted diseases; unusual or inappropriate risk-taking which may result in physical or emotional injury, or death; blackouts; hangovers; long-term health problems including cirrhosis of the liver, organic brain damage, high blood pressure, and heart disease; and legal problems including imprisonment.

SPECIFIC HEALTH RISKS FOR EMPLOYEES AND STUDENTS

For specific drug and alcohol effects and health risks, go to http://www.drugabuse.gov/drugs-abuse/commonly-abused-drugs-charts and click on the commonly abused drugs chart.

This procedure applies to all College employees and Partners.

If any provision(s) of this policy or set of bylaws conflicts with laws applicable to Northwestern Michigan College, including the Community College Act of 1966, the Freedom of Information Act, or the Open Meetings Act, as each may be amended from time to time, such laws shall control and supersede such provision(s).