The purpose of this directive is to declare college policy on the maintenance
of an alcohol and drug-free campus. This policy complies with the Drug-Free
Schools and Communities Act (Amendment of 1989, Public Law 101-226) as
well as the Drug-Free Workplace Act of 1988.
Distribution of materials indicating health risks associated with the use of
illicit drugs and abuse of alcohol as well as a summary of the applicable legal
sanctions under local, state, and federal laws will be distributed to students and
employees on an annual basis.
Policy
The abuse and use of drugs and alcohol are subjects of immediate concern in
our society. These problems are extremely complex and ones for which there are
no easy solutions. From a safety perspective, the users of drugs or alcohol may
impair the well-being of all employees, students, and the public at large; drug and
alcohol usage may also result in damage to college property. Therefore, it is the
policy of Haywood Community College that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance or alcohol,
is prohibited while in the workplace, on college premises, or as part of any collegesponsored activities. Any employee or student violating this policy will be subject
to disciplinary action up to and including termination or expulsion and referral for
prosecution. The specifics of this policy are as follows:
(1) Haywood Community College does not differentiate between drug
users, drug pushers, or sellers. Any employee or student who possesses,
uses, sells, gives, or in any way transfers a controlled substance to
another person, or manufactures a controlled substance while in the
workplace, on college premises, or as part of any college sponsored
activity, will be subject to disciplinary action up to and including
termination or expulsion and referral for prosecution.
(2) The term “controlled substance” means any drug listed in 21 CFP Part
1308 and other federal regulations, as well as those listed in Article V,
Chapter 90 of the North Carolina General Statutes. Generally, these are
drugs which have a high potential for abuse. Such drugs include, but are
not limited to, Heroin, Marijuana, Cocaine, PCP, and “Crack.” They
also include “legal drugs” which are not prescribed by a licensed
physician.
(3) If any employee or student is convicted of violating any criminal drug
statute while in the workplace, on college premises, or as part of any
college sponsored activity, he or she will be subject to disciplinary
action up to and including termination or expulsion. Alternatively, the
college may require the employee or student to successfully finish a
drug abuse program sponsored by an approved private or governmental
institution as a precondition for continued employment or enrollment at
the college.
(4) Each employee or student is required to inform the college, in writing,
within five (5) days after he or she is convicted for violation of any
federal, state, or local criminal drug statute where such violation
occurred while in the workplace, on college premises, or as part of any
college sponsored activity. A conviction means a finding of guilt
(including a plea of nolo contendere) or the imposition of a sentence by
a judge or jury in any federal or state court.
(5) Convictions of employees working under federal grants for violating
drug laws in the workplace, on college premises, or as part of any
college sponsored activity, shall be reported to the appropriate federal
agency. The President of Haywood Community College must notify the
U.S. government agency, with which the grant was made, within ten
(10) days after receiving notice from the employee or
otherwise receives actual notice of a violation of a criminal drug statute
occurring in the workplace. The college shall take appropriate
disciplinary action within 30 calendar days from receipt of notice. A
condition of further employment on any federal government grant, the
law requires all employees to abide by this policy.
(6) Students employed by the College are considered to be employees of
the College.
(7) Any employee or student who unlawfully possesses, uses, sells, or
transfers alcoholic beverages to another person while in the workplace,
on college premises, or as part of any college sponsored activity, will be
subject to disciplinary action up to and including termination or
expulsion and referral for prosecution.
(8) If an employee or student is convicted of violating any alcoholic
beverage control statute while in the workplace, on college premises, or
as part of any college sponsored activity, he or she will be subject to
disciplinary action up to and including termination or expulsion.
Alternatively, the college may require the employee or student to
successfully finish an alcoholic rehabilitation program sponsored by an
approved private or governmental institution as a precondition for
continued employment or enrollment at the college.
(9) The term alcoholic beverage includes beer, wine, whiskey, and any
other beverage listed in Chapter 18B of the General Statutes of North
Carolina.
(10) Each employee or student is required to inform the college, in writing,
within five (5) days after he or she is convicted of any alcoholic
beverage control statute where such violation occurred while in the
workplace, on college premises, or as part of any college sponsored
activity.
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