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Mt. Hood Community College Mt. Hood Community College Mt. Hood Community College

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  • Use of Drugs and Controlled Substances: AR-5040-A

  • Section 5000: Personnel
    Use of Drugs and Controlled Substances
    Administrative Regulation: AR-5040-A
    		 President’s Cabinet (PC) Approval:7/24/96
    Revised: 11/10/98
    5/6/08
    9/22/09
    10/24/10
    Mt. Hood Community College (MHCC) is committed to a drug-free work and learning environment in keeping with the Drug-Free Workplace Act.
    1. The College strictly prohibits employees and students from the following:
      1. Being under the influence of drugs and/or controlled substances on the College premises, while on College business or while operating College vehicles that adversely affects the individual’s work performance, safety at work, the employer’s regard or reputation in the community; and the student’s learning and safety in the learning environment.
      2. Consuming or using marijuana or its active ingredients in any form on College owned or controlled property and at College-sponsored events regardless of whether the use is medically prescribed or not.
      3. Failing to cooperate in College investigations of substance use and abuse.
      4. Manufacturing, distributing, dispensing, possessing or using drugs (licit or illicit) and/or controlled substances in an unlawful way on College premises or at any other time while in a College owned or controlled building, office, premise, site or vehicle, or at activities under the jurisdiction or sponsorship of the College when such use adversely affects the individual’s work performance or safety at work.
      5. Manufacturing, distributing, dispensing, possessing or using drugs (licit or illicit) and/or controlled substances in an unlawful way off College premises or College owned or controlled building, office, premise, site or vehicle when such use adversely affects the reputation of the College in the community.
    2. College Assistance
      1. The College will distribute information on the following:
        1. Availability of drug counseling, rehabilitation and Employee Assistance Program to employees and their families.
        2. Dangers and health risk of drug abuse.
        3. Insurance benefits available to employees that may cover the cost of rehabilitation treatment programs.
        4. MHCC’s policy of a drug-free workplace.
        5. Penalties that may be imposed for violating this regulation.
      2. Workers' Compensation Forms: Injury Reports, Status Reports
        1. Coaching of managers and administrators to effectively address alcohol issues in the workplace and learning environments
        2. Granting of leave with or without pay to any employee who requests to participate in an alcohol abuse assistance or rehabilitation program.
        3. Offering of space to support groups on the MHCC campus. Information about these groups is available from the career counseling and planning center and the College Center information desk.
        4. Resourcing for students of materials at the Health and Wellness Resource Center or referencing of them to community agencies.
      3. Notification Requirements
        Any employee convicted under any criminal drug statute for a drug violation that occurs in the work place is required to notify his/her manager and Director of Human Resources within five (5) calendar days of conviction. For employees who are paid directly or indirectly from funds received from federal grantor contract, the College will also notify the federal agency of an employee conviction within ten (10) days after receiving notice of the drug statute conviction.
      4. Drug Testing Policy
        1. In order to maintain a safe workplace and learning environment, all employees will be subject to reasonable suspicion, return-to-duty and follow-up testing for drugs or controlled substances.
        2. In accordance with the Omnibus Transportation Employee Testing Act, the College may conduct pre-employment drug testing for high-risk, safety-sensitive jobs that may pose a danger to others and for jobs in which the employee will be responsible for the safety and security of children. The College may also conduct random and reasonable suspicion drug testing and may require return-to-duty and follow-up testing for drugs or controlled substances. Employees subject to testing include those who are
          1. Required to hold a commercial drivers license (CDL).
          2. Employed to drive vehicles carrying 16 or more passengers.
        3. The Director of Human Resources or designee will be the College’s Designated Employer Representative (DER) to administer the College’s drug testing program.
        4. Criteria for reasonable suspicion include any of the following:
          1. Direct observation of use.
          2. Observed abnormal behavior or impairment in mental or physical performance (e.g., slurred speech or difficulty walking).
          3. Opinion of a medical professional;
          4. Reliable information concerning use in the workplace; or
          5. Work-related accident in conjunction with a basis for reasonable suspicion as listed above.
        5. Sanctions
          1. Persons who are non-compliant with the College’s Drug and Controlled Substance Use Policy and provisions of these administrative regulations, or who are in violation of related State and Federal regulations, will be subject to sanctions which may include but are not limited to immediate disciplinary action up to and including termination. Additionally, the following apply.
            1. An employee will not report for duty or remain on duty if the employee uses any controlled substance, except as authorized by a physician who confirms that the employee’s ability to perform will not be impaired by the prescribed substance
            2. An employee will not remain on duty if the employee tests positive for use of a controlled substance, unless the substance is prescribed by a physician who confirms that the employee’s ability to perform will not be impaired by the substance.
            3. An employee may be required to satisfactorily complete an approved drug abuse assistance or rehabilitation program as a condition of continued employment.
            4. An employee may be reassigned.
            5. An employee may be required to agree to a “last chance agreement” as a condition of employment.
            6. A student in violation of this regulation may be subject to the following sanctions: verbal or written warnings; disciplinary probation; payment for destroyed property; required counseling, treatment, or community service; suspension or temporary exclusion (removal from classes, privileges, or activities for a specified period up to one year); and permanent expulsion from the College.
        6. Definition
          Controlled substance means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation 21 C.F.R.1308.11 through 1308.1 and ORS 475.316(b), 161.015 and 161.015(10).

          5.