Administrative Rules


Subject:

Drug Free Workplace & Drug Free Schools and Communities Act

AR# 3.03.003
Based on Board Policy: C-3, Duties and Responsibilities, College President
Recommended by Council/President: Administrative Services Council
Date Approved/Amended: 10/9/89; amended 9/10/90, 7/8/98, 7/19/99, 3/6/02

 

The policy of the Austin Community College District (ACCD) is to maintain a drug free workplace.  For the purposes of this policy, "workplace" is defined as ACCD property, and district-sponsored activity, or any other site for the performance of work for ACCD.  Activities prohibited by this policy shall be considered good cause, as that term is used in Administrative Rule 6.08.001, for discipline, including, but not limited to suspension, non-renewal or immediate termination of employment, if the activities occur on district property or at district-sponsored activities or at any other site for the performance of work for the district.  The provisions of Administrative Rule 6.08.001 shall apply to violations of this policy.  Prohibited activities under this policy include unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or inhalant, as defined in schedules I through V of section 202 of 21 U.S.C. S 812, 21 C.F.R. Sections 1308.11-1308.15, as amended from time to time, in the workplace, as defined by this policy.

 

To implement this policy the Administration shall establish a drug free program which should inform employees of the following:

 

1.         The dangers of drug abuse in the workplace;

2.         ACCD's policy of maintaining a drug free workplace;

3.         Any available drug counseling, rehabilitation, and employee assistance programs; and

4.         The penalties that may be imposed upon employees for drug abuse violations and violations of this policy.

 

All ACCD employees shall be provided a copy of this policy.  As a condition of employment, all ACCD employees must comply with this policy.  Any ACCD employee, who has been convicted under any criminal drug statute for a violation occurring in the workplace, as defined by this policy, must report that conviction to ACCD no later than five days after the conviction.

 

If the convicted employee was performing work pursuant to a federal grant or to a federal contract for the procurement of goods or services valued at $25,000 or more,  the Administration shall notify the federal contracting or granting agency of the conviction within ten days of receiving actual notice of the conviction from the employee or otherwise.  Within thirty days after receiving notice of the conviction described in this policy, ACCD shall impose discipline on, or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a violation of a criminal drug statute if the violation occurred in the workplace.
 

The Austin Community College District ("the District") supports the requirements of the Drug Free Schools and Communities Act.  The District also endorses the Standards of the Commission of Colleges and Universities Committed to the Elimination of Drug and Alcohol Abuse of which it is a member institution.  The District will adopt a program to prevent the illicit use of drugs and the abuse of alcohol or inhalants by students and employees and the administration will implement such a program beginning in the fall of 1990.

 

The prevention program sponsored by the District shall include the annual distribution of the following to each student and employee:

 

1.         Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of drugs, alcohol or inhalants by students and employees on the property of the District or as any part of the District's activities;

 

2.         A description of the applicable legal sanctions under local, State, and Federal law for unlawful possession, use, or distribution of illicit drugs, alcohol and inhalants;

 

3.         A description of the health risks associated with the use of illicit drugs, abuse of alcohol and abuse of inhalants;

 

4.         A description of the drug, alcohol and inhalant counseling, treatment, or rehabilitation programs that are available to students and employees; and

 

5.         A clear statement that the Austin Community College District will impose sanctions on students and employees (consistent with local, State, and Federal law)  and a description of these sanctions, up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct.

 

The Austin Community College District will also conduct an annual review of its program to:   (a) determine its effectiveness and implement changes if they are needed; and (b) ensure that the drug, alcohol and inhalant abuse sanctions imposed by the District are consistently enforced.

 


President:   Richard W. Fonté Date:   11/11/02