Drug-Free Schools and Communities Act
TO: All JCCC Students and Employees
FROM: Terry A. Calaway, President
SUBJECT: Drug-Free Schools and Communities Act and Drug-Free Workplace Act
The Drug-Free Schools and Communities Act Amendments of 1989 and the Drug-Free Workplace Act of 1988 require all schools and institutions of higher education to adopt and implement a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees on college property or as part of any college activities.
The attached statement, which is part of JCCC’s program adopted to comply with these Acts, is being distributed to you as required by law. If you have any questions regarding this statement or wish to receive further information on the college’s Drug-Free Schools and Communities Act and Drug-Free Workplace Act program, you are encouraged to contact Dr. Dennis Day, Vice President, Student Success/Engagement, or Dr. Judy Korb, Executive Vice President, Human Resources, Workforce & Community Development.
JOHNSON COUNTY COMMUNITY COLLEGE
Statement of Prevention of Alcohol Abuse and Drug Use
on Campus and in the Workplace
STANDARDS OF CONDUCT
Johnson County Community College supports and endorses the Federal Drug-Free Workplace Act of 1988 (41 USC § 701 et seq.) and the Drug-Free Schools and Communities Act amendments of 1989 (20 USC § 1145(g). Pursuant to these Acts, the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or abuse of alcohol (as defined in these Acts) by an employee or student on college property or as part of any college activities is prohibited. Any student or employee of the college found to be abusing alcohol or using, possessing, manufacturing, or distributing controlled substances in violation of the law on college property or at college events shall be subject to disciplinary action in accordance with applicable policies of the college. For employees, the college will take appropriate personnel action for such infractions, up to and including termination as set forth in the Policy 424.03, Substance Abuse, and Policy 415.08, Suspension, Demotion, and Termination for Cause. Students who violate this policy will be subject to sanctions as set forth in Policy 320.00, Substance Abuse, and Policy 319.01, Student Code of Conduct which include suspension and expulsion from the college.
As a condition of employment, all employees shall abide by the terms and conditions of 41 USC § 701 et seq. and 20 USC § 1145(g). As such an employee must notify the college of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. Such notice shall be provided in writing by the employee to the Vice President, Human Resources & Organizational Development. The college will in turn, notify as appropriate, the applicable federal agency of the conviction within ten days of its receipt of notification of the conviction. For such conviction, the college will take appropriate personnel action, up to and including termination, within thirty (30) days of receiving notice of such conviction. Employees may also be required to satisfactorily participate, at their expense, in a drug abuse assistance or rehabilitation program as approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency before being allowed to return to work, which may include drug and alcohol testing, as applicable. Employees may also be required to undergo reasonable suspicion drug and alcohol testing as part of this program. For purposes of this policy, A “conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
Students and employees are reminded that unlawful possession, distribution or use of illicit drugs or alcohol may subject individuals to criminal prosecution. The college will refer violations or proscribed conduct to appropriate authorities for prosecution. Federal regulations and state laws provide penalties of fines and imprisonment for violations of the criminal statutes which include possessing, offering for sale, possessing with the intent to offer for sale, distributing or manufacturing controlled substances such as opiates, narcotics, depressants, stimulants or hallucinogenic drugs.
Additionally, most municipalities have ordinances criminalizing possession of marijuana, and in the case of Overland Park, mandatory jail time is imposed even for first time convictions under its ordinance.
Abuse of alcohol and use of drugs is harmful to one’s physical, mental and social well-being. Accidents and injuries are more likely to occur if alcohol and drugs are used. Alcohol and drug users can lose resistance to disease and destroy their health. Tolerance and psychological dependence can develop after sustained use of drugs.
Alcoholism is the number one drug problem in the United States. Alcoholism takes a toll on personal finances, health, social relationships and families. It can have significant legal consequences. Abuse of alcohol or use of drugs may cause an individual driving a motor vehicle to injure others and may subject the abuser to criminal prosecution. Drunk drivers are responsible for more than half of all traffic fatalities.
More specifically, the major categories of drugs are listed below and include the significant health risks of each.
AMPHETAMINES - Physical dependency, heart problems, infections, malnutrition and death may result from continued high doses of amphetamines.
NARCOTICS - Chronic use of narcotics can cause lung damage, convulsions, respiratory paralysis and death.
DEPRESSANTS - These drugs, such as tranquilizers and alcohol, can produce slowed reactions, slowed heart rate, damage to liver and heart, respiratory arrest, convulsions and accidental overdoses.
HALLUCINOGENS - may cause psychosis, convulsions, coma and psychological dependency.
COUNSELING, TREATMENT OR REHABILITATION PROGRAMS
Many community agencies are available to assist employees and students seeking alcohol and drug counseling and treatment. Among these agencies are the college-sponsored Employee Assistance Program (for full-time and part-time regular college staff and dependents), the Johnson County Mental Health Center, the Johnson County Substance Abuse Center, the Johnson/Leavenworth Regional Prevention Center, and the Heart of America Family and Children Services. In addition to these, many area hospitals and community agencies are available to provide drug and alcohol counseling services.
Students seeking additional information about health problems and treatment related to alcohol and drug problems may contact a student counselor through the JCCC Counseling Center on the second floor of the Student Center. Employees may receive this additional information through the Office of Human Resources (GEB 274) and/or through the Staff Development Center (GEB 275).
An employee who violates any provision of this policy shall be subject to appropriate disciplinary action including suspension, demotion, non-renewal and/or termination as provided in college Policy 415.08. A student who violates any provision of this policy shall be subject to appropriate disciplinary action including suspension and expulsion as provided in college Policy 319.01. In addition, any student or employee who violates the Standards of Conduct as set forth in this Statement of Prevention of Alcohol Abuse and Drug Use may be subject to referral for prosecution.
The term “controlled substance” as used in this policy means substances included in Schedules I through V as defined by Section 813 of Title 21 of the United States Code and as further defined by the code of Federal Regulations, 21 C.F.R. 1300.11 through 1300.15. The term does not include the use of a controlled substance pursuant to a valid prescription of other uses authorized by law.
The term “alcohol” as used in this policy means any product of distillation or a fermented liquid which is intended for human consumption and which is defined in Chapter 41 of the Kansas statutes.