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Drug-Free Workplace

JSCC Policy Number: 5.01.00.03

TBR Policy Reference: 5:01:00:03

TBR Guideline Reference: Not Applicable

Approved By: President's Cabinet

Original Date Effective: 2004-02-19

Last Modified: 2023-06-26

Responsible Office: Human Resources

This policy aims to establish guidelines and standards for implementing the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.  

Drug-Free Workplace Act

Effective March 18, 1989, the Drug-Free Workplace Act required employers who contract with or receive grants from federal agencies to certify that they met certain requirements for providing a drug-free workplace. The Act becomes applicable to Jackson State when the institution:

  1. Receives a federal contract for the procurement of property or services where the contract amount (or value of the services) is $25,000 or more, or
  2. Receives any federal grant. The Act imposes no monetary minimum on the grants to which it applies. Jackson State Community College is currently receiving federal grants and contracts meeting the above criteria; hence the institution must comply with the Act’s provisions.

Drug-Free Schools and Communities Act

Effective as of October 1, 1990, the Drug-Free Schools and Communities Act provided that to receive federal financial assistance of any kind, an institution of higher education must:

  1. Certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.
  2. Establish a program that, at the least, provides that all students and employees receive annually a written statement covering:
    1. Standards of conduct concerning drugs and alcohol;
    2. Legal actions;
    3. Health risks;
    4. Available counseling and treatment programs; and
    5. Disciplinary sanctions that the institution will impose on students and employees.
  3. Every two years, the institution must conduct a review of its program to determine its effectiveness, implement changes, and ensure that disciplinary sanctions are being consistently enforced – (aka Biennial Review). The biennial review must include a determination of the number of drug and alcohol-related violations and fatalities that occur on the institution’s campus or as part of the institution’s activities and the number and type of sanctions imposed by the institution as a result of drug and alcohol-related violations and fatalities that occur on the institution’s campus or as part of the institution’s activities.

These requirements are separate and distinct from the Drug-Free Workplace Act of 1988 requirements. The Drug-Free Workplace rules relate only to employees involved in work under federal grants or contracts and cover illegal drugs only, no alcohol. The rules under the Drug-Free Schools and Communities Act are broader in scope, covering drugs and alcohol, students, and employees. The entire institution is covered by the Act as long as the institution receives federal funds. 

Policy

In compliance with the above laws, the institution’s policy is that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited on any Jackson State Community College campus.

It is a condition of employment that each employee of Jackson State Community College abides by the terms of this policy.

Suspension or termination of employment shall be the penalty for any employee convicted of controlled substance abuse.

Employees must notify the Human Resources department of any drug conviction no later than five (5) days after the conviction. Failure to provide notification will result in disciplinary action.

Definitions

Controlled substances include, but are not limited to, such drugs as opium, opium derivatives, hallucinogens (such as marijuana, mescaline, peyote, LSD, and psilocybin), cocaine, amphetamines, codeine, heroin, and morphine. The definition does not include lawfully prescribed drugs being taken under a doctor’s care.

Conviction includes a finding of guilt, pleas of non contendere, or imposition of a sentence by any state or federal judicial body.

Drug and Alcohol Awareness Program

This law requires institutions receiving federal financial assistance to establish the following:

  1. Drug and alcohol abuse prevention programs for students and employees.
  2. Students and employees must receive materials annually that contain standards of conduct, a description of the various laws that apply in that jurisdiction regarding alcohol and drugs, a description of the various health risks of drug and alcohol abuse, a description of counseling and treatment programs that are available, and a statement on the sanctions the university will impose for a violation of the standards of conduct.
  3. Prepare a biennial report on the effectiveness of its AOD preventions.

  Drug-Free Awareness Program

The College Drug-Free Awareness Program shall be established and maintained jointly by the Dean for Students and Human Resources offices. The objectives of the program will be to inform faculty, staff employees and students of the following:

  1. The dangers of drug abuse in the workplace. This will be accomplished through orientations, pamphlets, brochures, discussions at staff meetings, small group discussions, video presentations, and guest lectures. 
  2. Information about the institution’s policy of maintaining a drug-free environment. The policy will also be discussed periodically at faculty and staff meetings and included in the orientation of all categories of new employees and students.
  3. The penalties and sanctions that may be imposed upon students and faculty and staff employees for drug abuse violations will be included in the drug-free environment information programs discussed above. The types of penalties and sanctions will be enumerated in the Drug-Free Workplace Notification email correspondence sent annually to each student and faculty and staff member in the employment of the College.
  4. The availability of drug counseling and professional drug rehabilitation programs.

Annual Notification

As a requirement of these regulations, Jackson State Community College will disseminate and ensure receipt of the drug-free policy/information to all students, staff, and faculty annually.  This process is formally conducted by sending to each student and college employee’s JSCC email account.

Biennial Review

The law also requires a biennial review of the program. The biennial review must include a determination of the number of drug and alcohol-related violations and fatalities that occur on the institution’s campus or as part of the institution’s activities and the number and type of sanctions imposed by the institution as a result of drug and alcohol-related violations and fatalities that occur on the institution’s campus or as part of the institution’s activities.

The campus is defined in the same manner as for campus safety reporting purposes, i.e., any building or property owned or controlled by the institution within a reasonably contiguous geographic area used to directly support the institution’s educational purposes or used by students and supports institutional purposes.

The preferred practice has been that the campus conducts a biennial review by the end of each even-numbered calendar year. The campus Behavior Intervention Team (BIT) will assist in preparing this report and advising the Jackson State administration of program improvement opportunities. The school should keep the biennial review on file in case of a possible audit. Schools are not required to send their review to the Dept. of Education.

 Recordkeeping

Recordkeeping requirements include keeping a copy of the biennial review and other compliance documents for three years after the fiscal year the record was created 34 C.F.R. § 86.103(b).

Certification

Institutions of higher education must certify to the Secretary of Education that the school has adopted and implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees. This is a one-time certification that should already have been made by most schools, as the certification requirement was added to the law in 1989. The regulations are at 34 C.F.R. Part 86. In addition, Section 120 of the Higher Education Amendments of 1998 essentially added the same language that is in 20 U.S.C. § 1145(g). It will apparently be codified in Title I.

Resources

Extensive online assistance with drug-free compliance requirements is available through the Higher Education Center for Alcohol and Other Drug Prevention.

The web page above includes a DFSCA Supplemental Checklist as a guide for creating a biennial review.

Reference the Jackson State Annual Policy Notification/Distribution of the Edgar Part 86, Federal Drug-Free Schools and Campuses Regulations found in the Dean for Students or Human Resources offices.