WSR 16-08-120 PERMANENT RULES EVERETT COMMUNITY COLLEGE [Filed April 6, 2016, 9:17 a.m., effective May 7, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this proposal is to update the drug and alcohol use provisions of the Everett Community College Washington Administrative Code.
The updates include references to new student housing. The updates clarify the rules for employees as well as students with respect to acceptable use. Additionally, the expectations for approved use of prescription medications are clarified.
Citation of Existing Rules Affected by this Order: Amending WAC 132E-120-400.
Statutory Authority for Adoption: RCW 28B.50.140.
Adopted under notice filed as WSR 16-03-049 on January 15, 2016.
A final cost-benefit analysis is available by contacting Jennifer Howard, 2000 Tower Street, Everett, WA 98201, phone (425) 388-9232, fax (425) 388-9228, e-mail jhoward@everettcc.edu.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 15, 2016.
Jennifer L. Howard
Vice-President
Administrative Services
AMENDATORY SECTION (Amending WSR 14-04-048, filed 1/27/14, effective 2/27/14)
WAC 132E-120-400 Drug-free campus policy.
((Everett Community College's board of trustees have adopted a policy for the maintenance of a drug-free campus. The provisions of this policy as it relates to students are as follows:
(1) Students who report to class or work must do so unimpaired due to the use of alcohol or other drugs.
(2) Unlawful use, possession, delivery, dispensation, distribution, manufacture or sale of drugs on college property, in college housing, in state vehicles or on official business is strictly prohibited. Documented evidence of illegal drug involvement will be given to law enforcement agencies.
(3) Possession or consuming any form of liquor or alcoholic beverage on college property or at off-campus college events is prohibited except as a participant of legal age at a program which has the special written permission of the college president.
(4) Students found in violation of this policy will be subject to formal disciplinary action, which could include completion of an appropriate rehabilitation program up to and/or including dismissal/expulsion.
(5) Students needing assistance with problems related to alcohol or drug abuse are encouraged to seek referral from a counselor in the counseling center and/or appropriate off campus substance abuse agencies.
(6) Students must report any criminal drug statute conviction to the chief student affairs officer within five school days after such conviction.
(7) The college will report the conviction to the appropriate federal or state agency within ten working days after having received notice that a student employed under a federally funded grant or contract or receiving grant funds has any drug statute conviction occurring on campus.
(8) All students, regardless of status, shall comply with this policy regarding a drug-free campus.)) It is the responsibility of the college to provide a safe and healthy educational and work environment. A motivated and healthy work force and student body are the college's greatest assets.
Fit for participation.
It is essential that all employees and students report to work and class both mentally and physically able to perform their duties and learn in a satisfactory manner.
All employees and students who report to work or class must be in a condition fit to perform their duties, fit to learn, unimpaired due to the use of alcohol or other drugs.
Possession/use guidelines.
Possession or consuming any form of liquor or alcoholic beverage on college property, in college housing or at off-campus college events is prohibited.
Illegal possession, consumption, selling, or distributing, or being demonstrably under the influence of marijuana or any substance as defined by RCW 69.50.101 on property owned or controlled by the college, in college housing or at functions sponsored or supervised by the college is prohibited.
For the purpose of this rule, "sale" shall include the statutory meaning defined in RCW 69.50.410.
Disorderly or abusive conduct resulting from being under the influence of drugs or alcohol on college owned or controlled property, in college housing or at functions sponsored or supervised by the college is prohibited. Disorderly or abusive conduct includes, but is not limited to, interfering with the right of others or obstructing or disrupting teaching, research, or administrative functions including failure to abide by the directive(s) of a college employee who is acting in their capacity as an agent of the college.
Allowable use.
Medication
Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee or student taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to learn about the effects of a medication. If the use of a medication could compromise the safety of the employee or student, other employees and/or other students or the public, it is the individual's responsibility to use appropriate procedures (e.g., call in sick, use leave, request change of duty, notify supervisor, notify instructor) to avoid unsafe practices.
The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of this policy to intentionally misuse and/or abuse prescription medications.
Events
Alcohol use is prohibited as described above except for participants of legal age at programs which have the special written permission of the college president.
Employees representing the college at official functions in the scope of their employment including, but not limited to, attendance at conferences and events, should exercise prudence in consuming alcohol and should refrain from driving after consuming alcohol.
Violations.
Any employee or student found in violation of this policy will be subject to formal disciplinary action, which may include completion of an appropriate rehabilitation program up to and/or including dismissal/expulsion, as per the applicable collective bargaining agreement/student handbook.
Other legal penalties may be enforced by state and local law enforcement officials.
Abuse assistance.
Everett Community College recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation and may prevent those whose problems have yet to reach the level of addiction from progressing.
Employees needing assistance with problems related to alcohol or drug abuse are encouraged to seek assistance utilizing employee medical insurance programs or the employee assistance program (EAP).
Students are encouraged to seek referral assistance from the college's counseling center and/or appropriate off-campus substance abuse agencies.
Federal law.
The college will continue to comply with the federal Drug-Free Work Place Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.
(1) All employees must, as a condition of continued employment, notify the chief human resources officer of any criminal drug statute conviction for a violation occurring during the course of the employee's work duties no later than five days after such conviction.
(2) Students must report any such conviction to the dean of students within five days after such conviction. Students may lose federal funding as well as be subject to the student disciplinary process.
(3) Everett Community College will report any conviction to the appropriate federal or state agency within ten days after having received notice that a person employed under a federally funded grant or contract or receiving grant funds has any drug statute conviction occurring on the campus.
All employees and students, regardless of status, shall comply with this policy regarding a drug-free campus.
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