Drug Free Campus

Administrative Procedure 3.401

Elgin Community College will conform fully 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.

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.

Definitions

  1. Contractor: the department, division, or other unit of the college responsible for the 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. any available drug counseling, rehabilitation, and employee assistance programs; and
  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 number 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.