Drug Free Workplace/Drug & Alcohol Abuse Prevention Program (Policy)

Office of Origin: Human Resources; Student Affairs
Responsibility: Executive Director, HR; Dean of Student Affairs
Original Date Adopted: 5-23-89
Dates Reviewed: 2-4-09, 9-17-21(C), 1-19-22(C)
Last Date Board Approved: 12-7-21

Standard/Code of Conduct

Lake Michigan College (the College) adheres to and complies with the Drug Free Schools and Communities Act Amendments of 1989 (DFSCA), which requires the College to certify that it has adopted and implemented programs to prevent the illicit use of drugs and the abuse of alcohol by students and employees. In accordance with the DFSCA and other applicable laws, including the Drug Free Workplace Act of 1988, the College is distributing an annual notice and attachments to students and employees.

The College will make a good faith effort to continue to maintain a drug free workplace/environment through the implementation of the following standard/code of conduct: 

  1. Employees
    1. The unlawful manufacture, distribution, possession, use or sale of any controlled substance and/or alcohol on College premises or while acting as an agent of the College is prohibited and will constitute grounds for discipline, up to and including termination and referral for prosecution.
    2. Each employee engaged in the performance of a federal contract or grant must have a copy of the Drug Free Workplace/Drug and Alcohol Abuse Prevention Program policy and must agree, as a condition of employment, to abide by its terms and to notify the College of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction.    
    3. The College will notify federal contracting or granting agencies of any convictions (as described 2 above) within 10 days after receiving notice of the conviction. 
    4. The College requires employees convicted of violations of criminal drug statutes in the workplace to satisfactorily participate in a drug abuse assistance or rehabilitation program, or face sanctions up to and including termination and referral for prosecution.

      The College will establish procedures to effectively enforce this policy.  

      The College maintains an Employee Assistance Program (EAP). It strongly urges employees to use the EAP for confidential help with alcohol or drug problems. It is each employee's responsibility to seek assistance from the EAP before the problem affects judgment, performance, or behavior. For EAP assistance, contact the Executive Director, Human Resources at (269) 927-8704. 
       

  2. Students
    1. The unlawful manufacture, distribution, possession, use or sale of any controlled substance and/or alcohol on College premises or while engaged in College activities is prohibited and will be subject to discipline, up to and including expulsion and referral for prosecution. 
    2. The College will establish procedures to effectively enforce this policy.

Legal Sanctions

  1. Federal
    Federal law provides criminal and civil penalties for unlawful manufacture, distribution, possession, use, or sale of a controlled substance. Under the Controlled Substance Act, as well as other related federal laws, the penalties for controlled substance violations include, but are not limited to, incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal benefits (such as student loans and grants).
     
  2. State
    Michigan law prohibits the unlawful manufacture, distribution, possession, use, or sale of a controlled substance. If an individual is found guilty of a violation of the state law, they may be subject to fines and/or imprisonment.

    Notwithstanding state permissibility, the use and possession of marijuana or marijuana-induced intoxication are prohibited on College property. 

    A minor may not purchase or attempt to purchase alcoholic liquor, consume, or attempt to consume alcoholic liquor, possess, or attempt to possess alcoholic liquor, or have any bodily alcohol content. Violation of the law may subject a minor to fines, participation in a substance abuse program or treatment center, imprisonment, community service hours, and/or out of pocket expenses related to required substance abuse screenings.
     

  3. Local
    Berrien County follows State of Michigan laws.

Health Risks and Dangers in the Workplace

  1. Drug Abuse
    The following subcategories describe the most frequently used drugs and their respective associated risks, as follows (source: www.drugfree.org):
    1. Prescription Drugs.
      1. Pain relievers (Codeine, OxyContin, Percocet, Vicodin) – a large single dose can cause severe respiratory depression that can lead to death.
      2. Prescription Stimulants (Adderall, Dexedrine, Ritalin) – taking high doses may result in dangerously high body temperatures and an irregular heartbeat. Potential for heart attack or lethal seizures.
      3. Prescription sedatives and/or tranquilizers (Merbaral, Quaaludes, Xanax, Valium) – slows down brain activity and, when a user stops taking them, there can be a rebound effect that leads to seizures and other harmful consequences.
    2. Marijuana – can cause memory and learning problems, hallucinations, delusions and depersonalization.
    3. Ecstasy/MDMA - can cause severe dehydration, liver and heart failure and even death.
    4. Heroin – chronic heroin users risk death by overdose.
    5. Inhalants – chronic exposure can produce significant damage to the heart, lungs, liver, and kidneys. 
    6. Cocaine/Crack – can cause heart attacks, strokes, and seizures. In rare cases, sudden death on the first use.
  2. Dangers in the Workplace
    On a worksite, the use of alcohol and other drugs may result in:
    1. Mistakes, accidents, and injuries.
    2. Damage to workplace equipment, causing subsequent injuries.
    3. A deterioration in workplace relationships.
    4. Increased sickness-related absenteeism.
    5. Lateness and lost time.
    6. A decrease in productivity.
    7. A decrease in staff morale.

Drug and Alcohol Programs

  1. Employees
    The following programs are available for employees:
    1. The EAP, available to all full- and part-time employees, is administered through HelpNet. Information can be found in the Human Resources offices or on the Employee Portal under the employee benefit links.
    2. Substance abuse treatment, including counseling, in-patient, and out-patient care, is available through College group health plans. For more information, employees may contact the Executive Director, Human Resources at (269) 927-8704.
  2. Currently Enrolled Students
    The following programs are available to currently enrolled students:
    1. Substance treatment resources in Berrien County:
      • Comfort in Counseling Robyn’s Nest (269) 983-6686
      • Harbortown Treatment Center (269) 926-0015
      • Riverwood Center (800) 336-0341
      • Southwestern Michigan Clinic Christian Counseling (269) 429 7727
    2. Students who would like information about other alcohol and drug abuse referral services may contact the Student Affairs Counselor/Advisor at (269) 927-8886.
    3. Educational programs covering drug or alcohol abuse are covered in the Healthful Living, Health and Fitness, and Personal Health classes to acquaint students with the concept of wellness and the relationship between physical activity and optimal health and fitness.
    4. Brochures on underage drinking, drunk driving consequences, and drug use/abuse are available to students in multiple campus locations
    5. Informational booths, bulletin boards, and tables on substance and alcohol abuse are available to students.

Disciplinary Sanction

  1. Employees
    Any employee who violates the above standards/code of conduct will be subject to (1) mandatory participation in drug abuse assistance or rehabilitation programs as condition of continued employment and/or (2) disciplinary action up to and including discharge or dismissal and referral for prosecution.
     
  2. Currently Enrolled Students
    ​​​​​​​Any student who violates the above standards/code of conduct will be subject to the above listed legal sanctions, as well as some or all of the following non exhaustive disciplinary actions:
    1. Restriction from College property, physically and/or virtually.
    2. Disqualification from receipt of financial aid.
    3. Participation in an assignment or program designed to educate the student on the health and legal risks resulting from unlawful drug or alcohol conduct.
    4. Suspension or expulsion, without refund of tuition or other fees, and with potential additional charges or other fees.
    5. Formal warning.
    6. Loss of privileges.
    7. Parental notification.
    8. Probation.
    9. Restitution.

Annual Notification of the Drug and Alcohol Prevention Program (DAAPP)

The College will provide currently enrolled students and employees with a copy of the Drug and Alcohol Abuse Prevention Program notice annually. This notice will be emailed to the student via their College student email as well as their personal email. All employees will receive the notice through the College email system.

Oversight Responsibility

The Director, Culture & Talent Success will have oversight responsibility of the DAAPP, including but not limited to updates, coordination of information required in the DAAPP, and coordination of the annual notification to employees and students.

References:     
Drug-Free Workplace/Drug & Alcohol Abuse Prevention Program procedure
Drug Free Schools and Communities Act Amendments of 1989 (DFSCA)
Drug Free Workplace Act of 1988
        
Note: last legal review 9/9/21