Drug-Free Workplace (formerly 2.120.00)

 Rationale, Purpose, and Background

 It is the policy of Warren Wilson College to comply with the Drug-Free Workplace Act of 1988, codified at 41 U.S.C. § 701 et seq., as amended. The following provisions are included in all College employment agreements and are to be affirmed by all College employees upon the commencement of employment. 

General Policy 

1. The employee hereby agrees not to possess or illegally use controlled substances, as controlled substances are defined in 21 U.S.C. § 812 and N.C. Gen. Stat. § 90-89 through § 90-94. The employee also agrees to refrain from the illegal use of alcohol while on duty. The illegal use of alcohol includes, but is not limited to, driving while under the influence of alcohol (G.S. § 20-138.1), driving a commercial vehicle while under the influence of alcohol (G.S. § 18B-302), driving after consuming alcohol while under age 21 (G.S. § 20-138.3), and public intoxication (G.S. § 14-144). 

2. Consistent with the Drug-Free Workplace Act of 1988, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or illicit use of alcohol on the College campus or as a part of any College business or activity is prohibited. 84 

3. Each employee is required by the Drug-Free Workplace Act of 1988 to inform the College within 5 days after a conviction for violation of any Federal or State criminal drug statute where such violation occurred on the College campus, on official College business, or as part of any official College activity. 

4. Pursuant to the Drug-Free Workplace Act of 1988, any employee violating any provision of this policy will be subject to one or more of the following sanctions, using the standards of application set forth in Provision 5: a) Reprimand; b) Immediate discharge; c) Referral to county authorities for prosecution; or d) Compulsory participation in and successful completion of a rehabilitation program as directed by the College’s Employee Assistance Program, administered by the Employee Assistance Network. 

5. The above-mentioned sanctions will be applied using the following standards: • The sanctions may be used in any order, with the exception that option (a) may only be used for a first offense. • Option (a) shall be used for all first offenses unless the first offense involves a conviction to which Provision 3 applies. If Provision 3 applies, the College may choose to bypass option (a) in favor of option (b), (c) or (d). • Options (b) and (c) may be combined if the College so chooses. 6. The College recognizes that the illegal use of drugs and/or alcohol results in serious health problems for the user and poses a significant threat to the welfare of those associated with the user. 7. The College’s Employee Assistance Program, administered by the Employee Assistance Network, is available to provide information and assistance to employees and will make referrals to community treatment, rehabilitation, and re-entry programs upon request by an employee of the College. 8. A copy of this policy and the drug and alcohol prevention program will be distributed annually to each employee of the College. As a condition of employment, the College requires each employee to abide by this policy and to sign an acknowledgment of receipt of a copy of this policy.