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Drug-Free Campus 3.401 & Smoke-Free Campus 3.801

The college conforms with the Smoke Free Illinois Act and federal Drug-Free Workplace Act.

Drug-Free Campus 3.401

The college complies with the federal Drug-Free Workplace Act of 1988, 41 USC Section 701 et seq., the Illinois Drug-Free Workplace Act, 30 ILCS 580/1 et seq. and the federal Drug-Free Schools and Communities Amendments Act of 1989, 20 USC section 3171 et seq. ECC seeks to improve the work environment, as well as the campus atmosphere, by eliminating drugs and alcohol in the workplace and on the college campus, except where liquor permits have been procured or alcohol is utilized for instructional purposes. The college president establishes and administers appropriate rules to implement this procedure.


  1. Contractor - the department, division or other unit of the college responsible for performance of a federal contract.
  2. Controlled substances or drugs - the term "controlled substances" as defined in Schedules I through V of Section 202 of the Federal Controlled Substances Act (21 USC 812).
  3. Controlled substances or drugs - the term "controlled substances" as defined in Schedules I through V of Section 202 of the Federal Controlled Substances Act (21 USC 812).
  4. Employee or employees - full-time or part-time employees under contract, independent contractors and their agents and employees, student workers and temporary workers.
  5. Student or students - any person enrolled in a class at ECC whether full-time or part-time and whether credit or non-credit.
  6. Parent - any parent of an ECC student, as defined in number 5 above, who is under the age 18.
  7. Conviction - finding of guilt (including a plea of nolo contender) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.
  8. Federal agency - any department, agency or unit of the federal government.
  9. Federal contract - a contract or sale of property or services of value of more than $100,000 with a federal agency.
  10. Federal grant - any grant from any federal agency.
  11. Grantee - the department, division, or other unit of the college responsible for the performance under the grant.
  12. Workplace and college facilities - college buildings, grounds and off-campus sites used by the college in any sanctioned activity.
  13. Alcohol - ethanol, ethyl alcohol or grain alcohol contained in any concentration, blended or pure, in a liquid form.

Prohibited Conduct

  1. No person shall unlawfully possess, use, dispense, distribute or manufacture any controlled substance or drugs in the workplace or on college facilities.
  2. The use of alcohol within the workplace or in college facilities, including meal periods and breaks, is absolutely prohibited except when authorized by the college for approved college functions.

Notice of Conviction

  1. Any employee who is convicted of unlawfully possessing, using, dispensing, distributing or manufacturing any controlled substance or drugs within the workplace must notify the managing director of human resources in writing within five (5) calendar days of the conviction.
  2. If any employee is directly engaged in performance of work pursuant to the provisions of a federal grant or federal contract, the college shall give notice of the conviction to the federal agency with whom it has contracted or from whom it receives the grant within ten (10) calendar days of receiving notification of conviction.

Discipline and Dismissal

  1. Discipline for violating the Drug-Free Campus Procedure shall be governed by the college disciplinary and termination policies. Nothing contained herein limits the right of the college under federal, state or local law to discipline the employee or student, up to and including termination of employment or expulsion and referral for prosecution, for violation of any college procedure.
  2. In place of any disciplinary sanctions for violation of the Drug-Free Campus Procedure, the college in its discretion may require:
    1. The employee to contact the Employee Assistance Program for an assessment and to follow the directives of such an assessment. The employee may be required to satisfactorily participate in any drug abuse assistance or rehabilitation program designated by the assessor, or
    2. The notification of a student violation to the parents of a minor student violator under the age of 18.
  3. Within thirty (30) days after receiving notice of conviction under Notice of Conviction Section I, the college will take the appropriate disciplinary or referral action set out in parts 1 and 2 above.

Dissemination of Procedure and Rules

  1. All employees will receive a copy of the college's Drug-Free Campus Procedure.
  2. Failure of an employee to receive a copy of the Drug-Free Campus Procedure will not constitute a defense to violations of the college's procedure.
  3. New students and employees will receive a copy of the college’s Drug-Free Campus Procedure which shall include information about any available drug and alcohol counseling and rehabilitation and re-entry programs that are available to students and employees through the Student Assistance Program. Contact the Office of Student Life for information about the Student Assistance Program.
  4. Failure of parents, students or employees to receive a copy of the Drug-Free Campus Procedure will not constitute a defense for violation of the college's procedure.

Drug Awareness Program

The college will institute and maintain a drug awareness program to inform employees and students regarding:

  1. The dangers of drug abuse in the workplace.
  2. The college's procedure of maintaining a drug-free workplace.
  3. The college's procedure of maintaining a drug-free workplace.
  4. The penalties that may be imposed on employees and students for drug abuse and alcohol violations.

Biennial Review of Drug-Free Schools and Communities Program

A biennial review of the college's Drug-Free Schools and Communities Program will be conducted in order to:

  1. Determine its effectiveness and implement changes to the program if they are needed; and
  2. Ensure that the sanctions required under the program are consistently enforced.

Student Responsibilities

  1. Students should be aware that the legal drinking age in the State of Illinois is 21 years. Students should respect all laws at college-sponsored events, on or off campus. Violation of state law, city ordinances or the college's regulations at such events will be considered grounds for following STEPS 1-3 listed in #4 below.
  2. The procedures listed in #4 also apply to the possession, manufacture, use, sale or distribution, by either sale or gift, of any quantity of any prescription drug or controlled substance or for being under the influence of any prescription drug or controlled substance. Exceptions include the use of over-the-counter medications or the prescribed use of medication in accordance with licensed physician instructions. Controlled substances include, but are not limited to, marijuana, cocaine, cocaine derivatives, heroin, amphetamines, peyote, barbiturates, LSD, PCP, pentazocine, methaqualone, methamphetamine, morphine, and substances typically known as `designer drugs' or `look-alike' drugs.
  3. The status of any student cannot be enhanced or jeopardized by using the Student Assistance Program.
  4. When a student's performance appears to be hindered or minimized by the abuse of drugs and/or alcohol, the following procedures will take effect:

    Step 1: First Offense* - a warning and informal referral to the Student Assistance Program will be issued and placed on file.
    Step 2: Second Offense - a warning and formal referral to the Student Assistance Program for a complete assessment will be issued.
    Step 3: Third Offense - the student will be required to show proof of having complied with the terms and recommendations of the assessment referred in Step 2. Further assessment may be required. Failure to comply with either of these requirements will result in formal disciplinary procedures.

*Note: A student whose performance in certain activities is such that it might endanger his or her safety or that of others, such as, but not limited to, clinicals, field placement or welding procedures, may be subject to the penalties of STEP 3, even if it is a first offense.

Smoke-Free Campus 3.801


Effective March 30, 2015, Elgin Community College (“ECC”) will conform to the Smoke-Free Campus Act (Public Acts 098-0985 and 098-0979). This Act prohibits smoking on each campus of a State-supported institution of higher education.

The General Assembly finds that tobacco smoke is a harmful and dangerous carcinogen to human beings and a hazard to public health. Secondhand tobacco smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute. Secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant death syndrome, low birth weight in infants, asthma and the exacerbation of asthma, bronchitis, and pneumonia in children and adults. Secondhand tobacco smoke is the third leading cause of preventable death in the United States. Illinois workers exposed to secondhand tobacco smoke are at an increased risk of premature death. An estimated 2,900 Illinois citizens die each year from exposure to secondhand tobacco smoke.

The General Assembly also finds that the United States Surgeon General's 2006 report has determined that there is no risk-free level of exposure to secondhand smoke; the scientific evidence that secondhand smoke causes serious diseases, including lung cancer, heart disease, and respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure; smoke-free policies are effective in reducing secondhand smoke exposure.

The General Assembly also finds that a law that prohibits smoking on the campuses of State-supported institutions of higher education will reduce secondhand smoke exposure among nonsmokers as well as prepare students for the workplace and ensure a healthy environment for all campus communities.


  1. Campus – means all property, including buildings, grounds, parking lots, athletic fields, and vehicles that are owned, operated, leased, or used by ECC, but does not include property covered under the Smoke Free Illinois Act.
  2. Doors – include, but are not limited to, vehicle doors and hatchbacks.
  3. Employee – means an individual who is employed by ECC in consideration for direct or indirect monetary wages or profit.
  4. Governing authority – means the senior administrative branch of ECC.
  5. Guest – means a visitor to the campus of ECC.
  6. Smoke or smoking – means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, electronic cigarette, vapor cigarette, faux-smoking device, water-based device, or other lighted smoking equipment. "Smoke" or "smoking" also includes smokeless/chewing tobacco products and products containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product as defined by Section 321(rr) of Title 21 of the United States Code, unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation or other medical purposes and is being marketed and sold solely for that approved purpose. "Smoke" or "smoking" does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, Sections 1996 and 1996a of Title 42 of the United States Code.
  7. Student – means an individual enrolled in a credit or non-credit course at Elgin Community College.
  8. Windows – include, but are not limited to, vehicle windows/vent windows, sunroofs, and moon-roofs.


Smoking, as described above, is prohibited on all ECC campuses. This prohibition shall not apply to any instance in which an individual is traveling through a campus in a vehicle that is not owned by ECC. While smoking is prohibited on all ECC campuses, students, employees, and visitors may smoke in their own parked vehicle or in another parked vehicle, with the owner’s permission, as long as the doors, windows/vent windows, and convertible top of the vehicle remain closed and the vehicle is parked in a designated parking lot area. Smoking materials, as described above, shall be extinguished in the vehicles.

Smoking in personal vehicles shall only be permitted in lots A, H, and J. Smoking in personal vehicles shall not be permitted in lots B, C, D, E, F, G, K, L, M, N, O, X, and all parking lots and areas adjacent to athletic fields.

The advertising, sale, improper disposal, or free sampling of tobacco products is also prohibited.


Repeated violations of this procedure will be referred to the appropriate administrative office for review and appropriate administrative action.Violations are subject to citations/fines issued by the ECC Police.

  1. Citations – Violators will be issued citations by ECC Police.
  2. Fines – Citations issued will result in a verbal/written warning up to a monetary fine for the first and subsequent offenses.
    1. First offense– Warning
    2. Second offense -$50.00
    3. Third offense - $100.00
    4. Fourth offense - $200.00
    5. Fifth offense - $400.00
    6. Sixth offense - $800.00
    7. Seventh and subsequent offenses - $1,600.00
  3. Payment –Payment of fines is to be made at the Student Accounts Office, B151.Failure to pay fines will result in a Financial Restriction being placed on the student’s or employee’s record.
  4. Repeated Offenses
    1. For students, all citations issued shall be reported to the Dean of Student Services and Development on a monthly basis. Multiple citations issued will result in written notification to the student regarding the instances of non-compliance with the smoke free campus policy. Repeated offenses are in violation of the Student Code of Conduct and could lead to administrative actions.
    2. For employees, all citations issued shall be reported to the Human Resources department on a monthly basis. After the third offense or when employees do not timely pay fines, employees shall be subject to discipline in the same manner as with any other work-rule violation
    3. For visitors, all citations issued shall be reported to Facilities Rental and the Arts Center, and shall be dealt with at their discretion.
  5. Members of the Public and/or Visitors to an ECC campus - Members of the public and/or visitors to an ECC campus will be asked by any ECC employee and/or ECC Police to extinguish any type of smoking material, as described above, and dispose of in a safe and sanitary manner immediately upon request. If a visitor refuses to comply with this request, ECC Police may issue a citation and/or direct the visitor to leave the ECC campus.

Compliance with this administrative procedure will depend on the cooperation of all ECC employees, students, and visitors to comply with this procedure.

Appeals Process

A Smoking Policy Violation Appeal form must be completed and submitted to the Business and Finance Office, B205.10, within ten (10) calendar days of the issue date of the citation to be considered. The Smoking Policy Violation Appeal form can be found on-line at The Appeals Committee will consist of a representative from each of the following: Administration, Student body, ECCFA, SSECCA, and the ECC Police Department; it typically will review appeals on the second Thursday of the month, unless the College is closed.Notification of the committee’s decision will be sent in writing within 10 business days of the meeting date. Download smoking ticket appeal form

Smoking Cessation

The College recognizes that individuals may require help to quit smoking. Referrals for smoking cessation and educational materials are available for employees through the ECC Employee Wellness Committee ( Assistance with smoking cessation for students is available through Wellness Services (

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