Section: Human Resources

Subject: Drug Free Workplace

Effective Date: May 16, 1989

Revision Date: April 17, 1990

Index: 1400:34:01



POLICY

Casper College maintains a drug free workplace. The unlawful manufacture, distribution, dispensing, sale, possession, or use of a controlled substance in or on the workplace is prohibited. Intoxication by a controlled drug or alcohol while in or on the workplace, or in the operation of college owned or leased vehicles, is prohibited.

SCOPE

This procedure applies to all employees employed by Casper College and all students enrolled at Casper College. This includes persons on part-time, temporary and substitute status.



RESPONSIBILITY

All students and employees are responsible for their own compliance with the Drug Free Workplace Policy and with all related federal, state, and local laws and regulations. Student Services is responsible for dealing with violations or related matters by students. Human Resources is responsible for dealing with violations or related matters by employees.

PROCEDURE

Casper College complies with the Drug Free Workplace of 1988 and the Drug Free Schools and Communities Act. This procedure incorporates the pertinent requirements of these laws.

All students and employees will be made aware that any member who is involved with illegal drug and alcohol use and/or abuse may be subject to prosecution and punishment by civil authorities and to disciplinary proceedings by the College. The College's interest in use of legal and disciplinary measures is not intended to be punitive, rather it is to establish clear limits of conduct within this community. Therefore, Casper College is committed to having a campus free of illegal drug and alcohol use and/or abuse. Casper College provides employees and students with a comprehensive overview of the health risks, treatment resources and legal implications related to alcohol and other drug use.

Treatment and Referral Options:

Students or employees who would like to discuss their use of alcohol and other chemicals may make an appointment with a professional counselor in the Counseling and Student Development Service or may contact the Director of Employee Assistance Program for further referral. The Counseling and Student Development Service, in conjunction with the Addiction Specialist instructional program, provides strong psycho-educational programming each semester.

Groups and seminar programs encouraging responsible decision-making concerning the use or non-use of alcoholic beverages and addressing the process or recovering from addictive behaviors are offered regularly. Aftercare counseling for maintaining recovery is also available in group and, limited individual counseling formats. Those who voluntarily avail themselves of campus services shall be assured that applicable professional standards of confidentiality will be observed.

Local referrals for assessment and treatment can be made to the Central Wyoming Counseling Center's New Horizon or New Direction facilities, the Wyoming Medical Center, the Wyoming Behavioral Institute, local physicians and Licensed



Professional Chemical Dependency Specialists. Additional resource referrals outside of the community may also be made.

Local twelve-step groups (Alcoholics Anonymous, AL-ANON, Drugs Anonymous, Overeaters Anonymous, etc.) are available for support for substance abusers and those associated with abusers. When appropriate, these groups may be able to conduct groups on campus.

Civil and Campus Legal / Disciplinary Measures:

Students, faculty, administrators and other staff employees are responsible, as citizens, for knowing about and complying with the provisions of U.S., Wyoming, and Casper laws and ordinances which make it a crime to possess, sell, deliver or manufacture those illicit drugs, collectively designated as controlled substances; and for offenses involving illegal possession and consumption of alcohol. Any member of the college community who violates the law is subject both to punishment by the civil authorities and to disciplinary proceedings by the College. Casper College will initiate disciplinary proceedings against a student or college employee in accordance with appropriate disciplinary procedure.

The proceedings by the College will be conducted in accordance with procedural safeguards applicable to disciplinary actions for students or College employees. However, when a student or College employee has been charged by the College with a violation of policies concerning illicit drugs or alcohol, he or she maybe suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the President, or in the President's absence, the President's designee concludes that the person's continued presence within the College community would constitute a clear and present danger to the health and welfare of other members of the college community; provided that such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.

The penalties imposed by the College may range from written warnings with written probationary status to expulsions from enrollment and termination from employment. However, the follow minimum penalties shall be imposed for the particular offense described:

Trafficking in Illegal Drugs:

a. For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified as Schedule I & II in the U.S. comprehensive Drug Abuse and Control Act of 1970, (including, but not limited to heroin, mescaline, peyote, psilocybin, LSD, opium, cocaine or cocaine derivatives, amphetamines, methaqualone, pentobarbital, DMT/DMT; or illegally obtained prescription psychoactives) including marijuana and THC derivatives any student shall be expelled and any College employee shall be discharged.

b. For the first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or delivery of any controlled substance identified in Schedule III or IV in the U.S. Comprehensive Drug Abuse and Control Act of 1970, (including but not limited to marijuana and THC derivatives, barbiturates, narcotic preparation, paregoric PCP, barbital, chloral hydrate, phenobarbital) the minimum penalty for any student shall be expulsion from enrollment for a period of one semester and for any College employee an unpaid leave of absence for a period of four months. For a second offense, any student shall be expelled indefinitely and any College employee shall be terminated.

Illegal Possession of Drugs

a. For the first offenses involving the illegal possession of any controlled substance identified in Schedule I & II of the U.S. Comprehensive Drug Abuse and Control Act of 1970, the minimum penalty for any student shall be suspension from enrollment for a period equivalent to one semester and for any college employee an unpaid leave of absence for a period of four months.

b. For a first offense involving the illegal possession of any controlled substance listed in Schedules III through V of the U.S. Comprehensive Drug Abuse and Control Act of 1970, the minimum penalty shall be probation for a period to be determined on a case-by-case basis. A person subject to this probation must agree to participate in a drug education and/or counseling program, consent to regular drug testing and accept such other conditions and restrictions as the President, or the President's designee, may deem appropriate. Refusal or failure to abide by the terms of the probation shall result in suspension of enrollment for students and termination of employment for College employees.

c. For a second or subsequent offense involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including indefinite expulsion and termination of employment.

Alcohol

For offenses involving illegal possession or consumption of alcohol (to possess, attempt to purchase, or purchase to sell or give malt beverages, unfortified wine, fortified wine, spirituous liquors or mixed beverages to anyone under twenty-one years old or to drive or be on the Casper College campus while under the influence of alcohol or any other illegal drug; or to operate any College vehicle or machinery while using or under the influence of alcohol or any illegal drug) a progressive penalty system based on the type of infraction and circumstances involved will be administered. Penalties may be a verbal or written warning, probation suspension, or voluntary community service, and in the case of students, removal from the residence life system. In certain circumstances, involvement in an alcohol education course or program and/or counseling program may be offered to a student or College employee in lieu of, or in conjunction with disciplinary action.

In cases where a College employee is convicted of a criminal drug statute violation occurring within the workplace, the Director of Human Resources shall be notified no later than five days after such a conviction. The College shall commence disciplinary action against such an employee within thirty days of notice of conviction.