GBCBA Alcohol/Controlled Substance Use
Board Policy Code: GBCBA
Compliance with Public Law 101-226, The Drug-Free Schools and Communities Act Amendments of 1989, requires the annual distribution of the following to each student and employee:
Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of drugs and alcohol by students and employees on your institution’s property or as any part of your institution’s activities;
- A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
- A description of any drug and alcohol counseling, treatment, or rehabilitation programs that are availableto students and employees;
- A clear statement that your institution will impose sanctions on students and employees (consistent with local, state and federal law) and a description of these sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct.
The law further requires each institution to conduct a biennial review of its program.
Oregon Law also requires that each state institution of higher education shall adopt a comprehensive alcohol and drug abuse policy.
Board of Education Policy
The manufacture, distribution, dispensing, possession, or use of alcoholic beverages, intoxicants, or controlled substances not medically prescribed, or being under the influence of these substances to any degree by any employee, in or about the college buildings or on the college premises, or while performing any duties for the college, is prohibited. If the employee is not dismissed, suspension may be imposed in combination with a requirement to complete a drug or alcohol treatment and rehabilitation program.
Any employee convicted of a violation occurring in the work place, under any criminal drug statute violation, will be subject to disciplinary action. Such action may include probation, unpaid suspension, dismissal, or agreement to participate satisfactorily in a drug abuse assistance or rehabilitation program.
Employees convicted of any criminal drug statute violation occurring in the work place must notify the employer no later than five days after the conviction.
Unless otherwise modified by labor agreements, a hearing panel will be established by the President to review the conditions of the violation, and to make a recommendation to the President regarding disciplinary action. Composition of the panel may vary from employee to employee, but it will include a cross section of college employee units. The President will consider the evidence and the hearing panel’s recommendation. The President will make a decision regarding that employee. The President’s decision may be appealed to the Board for review. The Board will consider in executive session, the evidence and the hearing panel’s recommendation. The Board’s decision will be made in open session, and that decision is final.
The employee will be provided an opportunity to appear before the hearing panel, the President, and the Board, if he/she makes the request.
All employees will be provided with a copy of this policy. Continued employment will indicate that the employee agrees to abide by the terms of this policy.
Employees may seek referral assistance through their supervisor in connection with alcohol or drug-related problems. Reasonable efforts shall be made to handle such requests confidentially. Requests for assistance are encouraged and will not be considered alone as grounds for dismissal. Such requests shall not, however, excuse violation of the actions prohibited by this policy.
Drug Awareness Program
The President shall provide for employees the posting of notices of this policy in noticeable and appropriate places at each work site, shall establish a Drug Awareness Program for the college and shall make available to employees information regarding drug and alcohol treatment and rehabilitation services.
Drug-Free Workplace Act of 1988, 41 U.S.C. Sections 701-707; 34 CFR Part 85, Subpart F.
Controlled Substances Act, 21 U.S.C. Section 812, schedules I through V; 21 CFR 1308.11-1308.15 (2000).
Drug-Free Schools and Communities Act Amendments of 1989, P.L. 101-226, 34 CFR Part 86 (2000).