COP 05-0803: Drug-Free Campuses and Workplace

Purpose Statement

To establish guidelines to promote and maintain a drug-free working environment for College employees and students.

Guidelines

Related Document and Policies

• District Board of Trustees Policy Employee Code of Ethics and Professional Responsibilities (05-03)
• College Operating Procedure Disciplinary Procedures (05-0901)
• College Operating Procedure Standards of Conduct (05-0903)
• Student Code of Conduct (06-0802)

Guidelines:

It is the policy of Florida SouthWestern State College to promote and maintain a drug-free academic and workplace environment. The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited on and off College premises. The possession or use of alcohol under the circumstances described herein is also prohibited. All students and employees are required to abide by the terms of this policy as a condition of initial and continued enrollment and/or employment.

This policy is based on the Drug Free Workplace Act, 41 U.S.C. 701 et seq., as amended and is supplemented by College administrative policies and procedures.

1. The following are standards of conduct, for students and employees on a College campus/property or at College sponsored events, or a part of any College activities, that prohibit as a minimum:
   • The unlawful manufacture, selling, dispensation, possession, use, or distribution of illicit drugs (including drug paraphernalia and prescription medication without a prescription) and/or alcohol. The College is permitted to serve alcohol as part of its official programs and activities in accordance with applicable laws. Note: As a recipient of federal funding and to comply with Drug-Free Schools and Communities Act regulations (Education Department General Administrative Regulations-EDGAR Part 86), the College is required to continue to prohibit the use, possession, and distribution of all federally controlled substances, including marijuana. Although state law may permit the use of medical marijuana, federal law prohibits marijuana use or possession. State law does not require the College to accommodate the medical use of marijuana in the classroom, in the workplace, or by individuals attending class or working while under the influence of marijuana. The manufacture, selling, dispensation, possession, use, distribution, or being under the influence of marijuana for medical purposes is not allowed on any College property, at any College-sponsored event, or as part of any College activities for any purpose by employees or students.

Employees

Violation of this policy may result in referral to appropriate law enforcement authorities, disciplinary action up to and including immediate suspension, expulsion, or termination, and/or a requirement of satisfactory participation in a College-approved drug or alcohol rehabilitation program. A criminal conviction is not required for sanctions to be imposed upon a student or employee for violation of this policy.

Procedures

Disciplinary Sanctions

The College will impose sanctions (consistent with local, state, and Federal law) upon all employees and students who violate these standards of conduct. Such sanctions may include but are not limited to 1) referral for prosecution; 2) probation, suspension, or expulsion of students; or 3) suspension or termination of employees.

The College requires that any employee who is arrested or convicted of any offense relating to the sale, purchase, delivery, use, manufacturing or distribution of illegal drugs or controlled substances to report such arrest or conviction to the Office of Human Resources, 239-489-9293, no later than 2 business days after the arrest or conviction.