DRUG-FREE CAMPUS AND WORKPLACE POLICY

Morningside College has the policy of providing students and employees a drug-free campus environment. Drug abuse affects all aspects of American life: it threatens the student's educational development and the workplace, as well as the community. In compliance with the Drug-Free Workplace Act of 1988, Morningside College is committed to the elimination of drug and alcohol abuse in the workplace. In compliance with the Drug-Free Schools and Campuses Act of 1989, alcohol and drug prevention programs include policy enforcement, education programs and treatment services.

"Workplace" means any office, building, classroom, or property (including parking lots) owned or operated by the College, or any other site at which an employee is to perform work for the employer. An "employee" of the College is any faculty, staff, or student receiving remuneration for services rendered. "Student" means any person registered at the College for any type of academic credit, except for continuing education units, regardless of the length of the student's program of study. "Possess" means to be contained either on a student's or employee's person, or in a student's or employee's motor vehicle, tools, briefcases, book bags, or areas entrusted to the control of the student or employee. "Impaired" means under the influence of an illicit drug or alcohol such that the student or employee is unable to perform his or her assigned tasks properly.

Drug abuse creates problems for the entire College. It decreases the student's capacity to learn, thereby inhibiting one's educational development. It interferes with an employee's efficient and safe performance of work responsibilities and reduces the employee's dependability. Drug abuse can adversely affect health, safety, and productivity while destroying public confidence and trust. Therefore, it is the policy of College that the unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs or alcohol by students or employees is prohibited at any time on any College property or at any College activity. No employee will report for work or will work or be present in the workplace who is impaired by an illegal drug or by alcohol. No student will attend classes or any College activity who is impaired by illegal drugs or alcohol. Employees or students who are so impaired or who unlawfully possess, use, manufacture, dispense, or distribute illicit drugs or alcohol in the workplace, on any College property or at any College activity are subject to the disciplinary procedures of the College, which may include dismissal, expulsion, and/or referral for prosecution.

Federal law contains further prohibitions against the manufacture, possession with the intent to distribute, or distribution of controlled substances, including narcotic drugs, marijuana, depressant, or stimulant substances. Violation of these statutes may lead to monetary fines, incarceration, and other serious sanctions. For the protection of the students, faculty, administration and staff, Morningside College insists that all illegal activities be reported to the Office of Campus Security.

Iowa law prohibits the manufacture, delivery, possession with the intent to manufacture or deliver, and possession of controlled substances. Local and state laws prohibit possession of open containers of alcoholic beverages outside of a residence or licensed liquor establishment. Possession of alcoholic beverages is prohibited for persons under the age of 21. Operating a motor vehicle while intoxicated is also prohibited.

In 1998 the Iowa Legislature passed legislation allowing for drug testing where “reasonable suspicion” exists.Morningside College reserves the right to request such testing when “reasonable suspicion” exists.

The college recognizes all these regulations in its commitment to maintaining a healthy campus and workplace.

Morningside College promotes wellness and recognizes chemical dependency as a major threat to wholeness of personal health. The college is therefore committed to seeing that all its students and employees understand that:

•The use of alcohol and/or illegal drugs can interfere physically, mentally,

socially and spiritually with the ability to perform important functions

•These drugs impair physical coordination and mental alertness and may damage the immune system, resulting in irreversible health problems and death

•Social behavior following use of alcohol or illegal drugs may be destructive to relationships

Violations of this policy may lead to required participation in a substance abuse rehabilitation or treatment program and/or disciplinary action, up to and including immediate termination of employment. Such violations may also have legal consequences.

Any employee receiving a criminal drug statute conviction for a violation occurring in the workplace shall notify Human Resources, the Office of the Vice President of Academic Affairs and Dean of the College, or the Office of Vice President for Student Affairs of such conviction not later than five days after such conviction, and such offices will immediately report this information to the Vice President for Business and Finance. If the employee reporting such a conviction is employed under a contract or grant, Morningside College, through the Office of the Vice President of Academic Affairs and Dean of the College, will notify the appropriate granting or contracting agencies within ten days after receiving such notice of a criminal drug statute conviction. Within 30 days of the employee’s conviction the college will impose corrective action on the employee, and/or require satisfactory participation in the drug abuse assistance program as a Stipulation of the Drug Free Workplace Act.

Further, an employee found to be otherwise in violation of these policies prohibiting the use of illicit drugs or abuse of alcohol on the College’s campus or in connection with its activities may be required to participate in a drug abuse or rehabilitation program or may be subject to disciplinary action (up to and including suspension, suspension without pay, and termination). Such actions may also implicate local, state, and federal laws and Morningside College will cooperate, as required, with law enforcement authorities.

In 1998 the Iowa Legislature passed legislation that allows for drug testing where “reasonable suspicion” exists. Drug or alcohol testing can be requested and/or required if there is evidence that an employee is using or has used alcohol or other drugs in violation of the employer’s written policy.

Evidence would include:

  1. Direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use.
  2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
  3. A report of alcohol or other drug use provided by a reliable and credible source.
  4. Evidence that an individual has tampered with any drug or alcohol test during the individual’s employment with the current employer.
  5. Evidence that an employee has caused an accident while at work which resulted in an injury to a person for which injury, if suffered by an employee, a record or report could be required under Chapter 88, or resulted in damage to property, including equipment, in an amount reasonably estimated at the time of the accident to exceed one thousand dollars.
  6. Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used or transferred drugs while working or while on the employer’s premises or while operating the employer’s vehicle, machinery or equipment.

Health Risks Associated with the Abuse of Alcohol and Use of Illicit Drugs

Specific serious health risks are associated with the use of alcohol and illicit drugs. Health risks of using alcohol or other drugs include both physical and psychological effects. The health consequences of drugs depend on the frequency, duration and intensity of use. For all drugs, there is a risk of overdose. Overdose can result in coma, convulsions, psychosis or death. Combinations of certain drugs, such as alcohol and barbiturates, can be lethal. The purity and strength of doses of illegal drugs are uncertain.

Continued use of substances can lead to tolerance (requiring more and more of a drug to get the same effect), dependence (physical or psychological need), or withdrawal (a painful, difficult and dangerous symptom when stopping use of drugs).

The Drug Free Workplace Act [1988] applies to employees of the college and students who are Pell Grant recipients. It requires the college to certify that as a federal grantee it will provide a drug-free workplace. The Drug Free Schools and Communities Act [1986] and Amendments [1989] require that as a condition of receiving funds or any other form of financial assistance under any federal program, an institution must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students. While these are distinct regulations, the college is stating its intent to comply with both with the policy that are in place.

Human Resources shall offer drug abuse training and treatment referral in appropriate circumstances. Student Health Services and Personal Counseling Services provide information on health issues and legal consequences associated with drug use, and offer referral for counseling and treatment.

Morningside College Counseling Services provides evaluation and counseling for students in relation to abuse of alcohol and other drugs and refers students to other resources that might be appropriate for them. Lists of community and area evaluation and counseling services are available from the following offices: Counseling Services (5606), Health Service (5178), and the Human Resources Office (5114).

Should employees have any questions regarding the implications of this drug-free workplace requirement, they should contact either the Director of Human Resources, or the Vice President for Business & Finance.