4.01 Drug-Free College PolicySee version history
A. Drugs referred to under this policy include alcoholic beverages, all illegal drugs as defined in N.C. Controlled Substance Examination Regulation Act, and misused legal drugs (both prescription and over-the-counter).
B. College premises--any property in use by the College including property that is leased, owned, used for College functions, or used by the College in the conduct of any of its courses.
The purpose of the Drug-Free College policy is to maintain a safe and productive teaching and learning environment and to be in compliance with the Drug-Free Workplace Act of 1988; the ; /Drug-Free Schools and Campuses Regulations (Edgar Part 86)N.C. Administrative Code Title 13, Chapter 20; and the N.C. Controlled Substance Examination Regulation Act.
A. All employees are expected to perform their job duties unhindered by drugs.
B. The unlawful manufacture, distribution, dispensation, possession, use, or being under the influence of drugs presents a hazard to students, employees, and property and is not permitted on College premises.
C. The College will maintain a Drug-Free Awareness program for employees and students, and employees and students are expected to work together to maintain a drug-free teaching and learning environment.
A. This policy applies to all full-time and part-time employees.
B. This policy applies to all employees:
1. during all working hours;
2. during lunch or break periods;
3. while operating a College-owned vehicle;
4. while on College premises. (The president or designee has the right to give special written permission to serve alcohol at College events.)
V. Illegal Drugs and Alcohol
Employees shall not manufacture, distribute, dispense, possess, use, or be under the influence of illegal drugs or alcohol.
VI. Legal Prescription and Over-the-Counter Drugs
A. Employee use of prescription and over-the-counter drugs is not prohibited when taken in standard dosage or according to a physician's prescription.
B. Employees who take drugs must determine whether the drug may interfere with their safety or the safety of others on campus, or otherwise interfere with safe performance of their job duties. It is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, notify supervisor) if any use of legal drugs presents a safety risk.
C. The illegal or unauthorized use of prescription drugs by employees is prohibited.
D. The intentional misuse, abuse or distribution of prescription drugs or over-the-counter drugs by employees is prohibited.
VII. Examination Triggers
A. Reasonable Suspicion Examination
Any College employee may be required by his or her supervisor or College administrator (in accordance with Section VIII) to submit to a drug examination under any of the following circumstances:
1. Evidence of drugs on or about the employee’s person or in the employee’s vicinity;
2. Unusual conduct on the employee’s part that suggests impairment or influence of drugs.
B. Post-Accident Examination
Any College employee who performs a job function that may be considered “safety-sensitive” and who is involved in an on-the-job accident or injury will be required to submit to a drug examination. Examples of safety-sensitive functions may include, but are not limited to:
1. Employees who operate CPCC fleet vehicles as required by their job function.
2. Employees designated to operate power equipment, heavy equipment, handle hazardous chemicals or substances, or employees’ involvement in activities that place themselves or others at increased risk as a result of their job function/duties.
VIII. Examination Procedures
A. When a supervisor or College administrator has a reasonable suspicion that an employee is under the influence of substances in violation of this policy, the supervisor or College administrator will arrange, if possible, for another supervisor or College administrator or College security officer to verify his/her reasonable suspicion.
B. The supervisor or College administrator will immediately request permission of the Human Resources Department to arrange for the employee to undergo a substance examination. If the Human Resources Office is not available, the supervisor or College administrator shall seek the permission from his/her unit vice president (or designee).
C. The supervisor or College administrator will arrange for transportation of the employee to an approved facility. The employee will not be permitted to drive.
D. After the examination takes place, the supervisor or College administrator shall arrange for the employee to be taken home unless the employee is admitted to the hospital. The employee will not be permitted to drive.
E. All examinations shall be conducted in an approved laboratory identified by the College and in accordance with all provisions of the N.C. Controlled Substance Examination Regulation Act.
F. An employee who refuses to submit to an examination, adulterates or dilutes the specimen, substitutes the specimen with that from another person, sends an imposter, does not sign the required consent forms, or refuses to cooperate in the examination process in such a way that prevents completion of the examination shall be dismissed.
IX. Notification of Convictions
A. In compliance with CPCC Policies 4.02 and 4.03, part-time and full-time employees are required to notify their immediate supervisors and the Associate Vice President of Human Resources (or designee) within five calendar days after any felony criminal conviction, guilty plea, or plea of no contest.
B. In compliance with CPCC Policies 4.02 and 4.03, any employee who is aware of any felony criminal conviction, guilty plea, or plea of no contest of another part-time or full-time employee shall notify the Associate Vice President of Human Resources (or designee).
A. All drug examination information shall be maintained in separate files and shall not be included in the employee personnel file.
B. The College shall not release this information except under circumstances defined in NCAC 20.0503.
XI. Drug-Free Awareness Program
B. Educational materials, programs, and other resources are available through Student Life, Counseling Services, and Human Resources. Confidentiality is maintained.
Approved by Board of Trustees: November 14, 1990; July 20, 2011
Approved by Cabinet on May 2, 2011