DE. Substance Abuse Policy
South Plains College adopts this policy to implement the Drug-Free Schools and Communities Act Amendments to 1989, Public Law 101-226. The College strictly prohibits the use of alcohol and controlled substances by employees while on college property. State law shall be strictly enforced at all times on all property controlled by the District in regard to the possession and consumption of alcoholic beverages and controlled substances.
No employee shall possess, use, transmit, or attempt to possess, use, or transmit or be under the influence of or impaired by (legal intoxication not required), any of the following substances on any property controlled by the college district.
1. Any controlled substance or dangerous drug as defined by state and federal law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
2. Alcohol or any alcoholic beverage.
3. Any abusable glue, aerosol paint, or any other chemical substance for the purpose of inhalation intoxication.
4. Any other intoxicant, or mood changing, mind-altering or behavior altering drugs.
An employee who uses a drug authorized by a licensed physician through a prescription specifically for that employee's use shall not be considered to have violated this rule. It is the responsibility of the employee to report to his or her supervisor should the employee be taking a prescription drug that would impair performance of assigned duties. The transmittal, sale, or attempted sale of what is represented to be any of the above-listed substances is also prohibited under this policy.
Where there is a "reasonable cause" to suspect the use of illegal drugs or unauthorized controlled substances or alcohol abuse by an employee, or where the nature of the work assignment will involve substantial safety, security, or economic risk, the College may require the employee to be tested. Employees who refuse to be tested or who violate this prohibition may be referred to drug counseling programs, drug rehabilitation programs, or employee assistance programs or may be terminated from employment with the college.
Reasonable Cause means:
A. That the employee has been involved in a workplace accident or an incident resulting in personal injury or damage to property or workplace circumstances that could have resulted in personal injury or damage to property, and a supervisory employee has a reasonable suspicion that the employee's acts or omissions contributed to the occurrence or severity of the accident, incident, or circumstances; or
B. Behavior, appearance, and/or bodily odor of the employee causes a supervisory employee to have reasonable suspicion that the employee is currently under the influence or impaired by alcohol, drugs, or a controlled substance, based upon specific personal observation of the supervisor concerning the behavior, speech, or body odors of the employee; or
C. The return to work of the employee following participation in a rehabilitation program such as ESP: and/or
D. Other circumstances that would indicate that the employee is reporting to work in other than a sober and reliable state, free from the influence of alcohol or drugs. Such circumstances may include, but shall not be limited to excessive tardiness, absenteeism, or reduction in job productivity.
As a condition of employment with the college, each employee shall abide by the terms or the requirements and prohibitions set out in this statement and shall notify the College of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such conviction.
As a condition of employment with the college, each employee shall abide by the terms or the requirements and prohibitions set out in this statement and shall notify the College of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such conviction.
Within thirty (30) days of receiving notice of a conviction for drug statute violation occurring in the work place, the college shall either (1) take appropriate personnel action against the employee, up to and including termination, or (2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health agency, law enforcement agency, or other appropriate agency.
The Drug-Free Work Place Act of 1988 applies to employers who receive federal grants/contracts of $25,000 or more.
Approval: Executive Council
Revision Date: 9/1/02.
