Title: Alcohol and Drug Use
Number: AP 4.05
Adopted: March 1995
Reviewed: July 2024
Revised: July 2024
The College will adhere to all federal, state, tribal, and local laws concerning the use of alcohol and other drugs and will support efforts to address violations of these laws.
The College recognizes that the use of alcohol and other drugs may impair performance or safety, may interfere with proper functioning or behavior, and in certain instances leads to dependency. The College also recognizes that such chemical dependency is a serious illness. An employee or student needing help with dependency is encouraged to seek the appropriate medical and other community resources.
Possession, manufacturing, sale, distribution, unauthorized use, or being under the influence of controlled substances, illicit drugs, or alcohol by anyone while on College controlled property, at any College sponsored or related activity, or while operating a College owned/leased vehicle is strictly prohibited. Violations of this policy will result in disciplinary action.
Exceptions
Drugs prescribed by a person licensed to prescribe or dispense controlled substances, or drugs used in accordance with their instructions, are not subject to this policy. Students or employees using any substances or drugs that cause drowsiness or other side effects that may impair their ability to perform their tasks properly and safely are obligated to inform Human Resources. Individuals will not be allowed to operate equipment or perform activities that have the potential for injury to themselves or others if impairment is suspected.
The possession, manufacturing, sale, distribution, and unauthorized use of alcohol on College premises is prohibited with the exception of preparation and cooking of foods in the culinary arts courses, providing of beverages at functions authorized by the College President or designee, or controlled use in law enforcement training.
A written request must be submitted to the President for authorization to use or serve alcohol at the College. A licensed bartender and valid liquor license or licensed catering service is required when providing alcohol at College functions.
Documenting Authorized Use
Documentation of Authorized Use shall be maintained in the office of the Benefits Administrator.
Referral of Suspected Violations
In an emergency, call 9-1-1. Employees must immediately refer anyone (student or employee) showing behavioral evidence of alcohol or illegal drug use to the Manager of Risk, Compliance, and Safety, a Campus Security Officer, Human Resources, a supervisor, the Emergency Response Team, or a Strategic Leadership Team member.
Employees must refer anyone under the following circumstances:
· Believed to be in violation of this policy.
· Exhibiting signs, symptoms, or indications of an alcohol or other drug-related problem.
· Self-disclosing of alcohol/drug-related use that places them or others at risk or in imminent danger.
· Judged to present a risk of imminent danger to self or others.
Self-Reporting for Student Citation, Arrest, or Conviction
In the event that a student is cited or arrested for an alcohol or drug-related offense while involved in a College-related activity (on or off campus) the student must notify the Manager of Risk, Compliance, and Safety within 72 hours or as soon as practicable thereafter. Failure to do so will result in a referral to the Director of Strategic Enrollment and appropriate disciplinary action may be taken up to expulsion.
Self-Reporting for Employee Citation, Arrest, or Conviction
In the event that employees are cited or arrested for an alcohol or drug-related offense while involved in a College-related activity (on or off campus), the employees must notify their immediate supervisor and the Director of Human Resources within 72 hours or as soon as practicable thereafter. Failure to do so will result in appropriate disciplinary action up to termination.
As mandated by the Drug Free Workplace Act of 1988, employees must, as a condition of employment, report any criminal drug statute conviction for a violation occurring on or off College premises while conducting College business. A report of the conviction must be made to the Director of Human Resources within five (5) days after the conviction. Failure to provide this notification in the required timeframe will result in appropriate disciplinary action up to and including termination.
Employees may be required to participate in an appropriate rehabilitation program. Successful completion of an appropriate program, including an after-care plan, may be a requirement for continued employment. Any employee testing positive following completion of a rehabilitation program will be subject to discipline action up to termination.
Reasonable Suspicion
The College may require an employee to consent to testing for use of alcohol, illegal drugs, or unauthorized use of prescription drugs for any of the following reasons:
· Reasonable suspicion.
· Employee involvement in a work-related accident involving bodily injury or damage to property.
· As required or authorized by state or federal law.
· After the employee returns to work following completion of a rehabilitation program and periodically thereafter.
Employees withholding consent for required testing may be subject to disciplinary action, up to termination.
The College will take all reasonable precautions and comply with applicable state and federal laws and regulations pertaining to employee privacy and confidentiality of test results. Violations of this policy, confirmed positive test results, or refusal to consent to testing, may result in disciplinary action pending a thorough investigation by the College.
Transportation to a Medical Facility
Nicolet College reserve the right to contact emergency services (9-1-1) to respond to anyone whom – based on a reasonable suspicion – appears to be under the influence of drugs and/or alcohol while on the Nicolet College campus or any of its off-campus outreach locations.
Employees that have consented to drug and alcohol testing will be transported to the nearest available medical facility by Emergency Medical Services.