Drug and Alcohol-free Learning and Working Environment Policy
Standards of Conduct
In compliance with the Drug-Free Schools and Communities Act Amendment of 1989 (PL 101-226), Kankakee Community College reiterates its position and sanctions concerning drug abuse as found in PL 100-690, the Anti-Drug Abuse Act of 1988. KCC has adopted the following policy toward the goals of helping to prevent alcohol and drug abuse while providing a healthy working and learning environment for all college constituencies.
- Prohibited conduct:
The use, sale, distribution, manufacture, or possession of a controlled substance by college employees or students is prohibited in campus buildings, on campus grounds, or at any college-sponsored activity. The use of alcohol within the workplace, including meal periods and breaks, is absolutely prohibited except when authorized by the college for approved college functions. Penalties for student violators may include dismissal and/or termination of financial aid.
- Employee notice of conviction:
As a condition of employment, KCC employees are required to comply fully with this policy, to include agreeing to notify the employer, no later than five (5) days after each conviction, of any criminal drug conviction resulting from a violation occurring at the workplace.
KCC will notify any federal contracting agency within 10 (ten) days of having received notice that an employee who is engaged in the performance of such contract has had a criminal drug statute conviction for a violation occurring in the workplace.
Within 30 (thirty) days of receiving notice of a conviction for a drug-related offense in the workplace, the convicted employee:
- is subject to appropriate disciplinary action by the employer, which may include termination; and
- may be required to participate in an approved drug abuse assistance or rehabilitation program.
- Student violations and discipline:
Students convicted of drug use, possession, or delivery of controlled substances risk losing student financial aid for one year or longer. Other penalties for drug and/or alcohol abuse are detailed in the KCC Code of Conduct, section 16.0 in the Code of Campus Affairs and Regulations in this college catalog.
- Rights of due process:
Rights of due process for employees and/or students are addressed in the student Discipline Procedures and the college’s Personnel Policies and Procedures Handbook.
- Policy review:
This policy and the program of implementation will be reviewed biennially. The policy is subject to change without notice, however, as federal regulations or court orders require.
- Dissemination of policy and rules:
- Copies of the college’s Drug and Alcohol-Free Learning and Working Environment Policy are available to all students and employees.
- Failure of an employee or student to receive a copy of the Drug and Alcohol-Free Learning and Working Environment Policy will not constitute a defense for violations of the college’s policy and rules.
- Drug awareness program:
The college will institute and maintain a drug awareness program to inform employees and students about:
- the dangers of drug and alcohol abuse;
- the college’s policy of maintaining a drug and alcohol-free learning and working environment;
- any available drug counseling rehabilitation and student or employee assistance programs; and
- the penalties that may be imposed on employees and students for drug abuse and alcohol violations.
The college’s policy/program administrator is the dean of student development, Room L20F, or his/her designee.
- Legal sanctions:
Some drug/alcohol offenses are misdemeanors while others are felonies. In either case, the sentence may include imprisonment. Convictions for the unauthorized manufacture, delivery, trafficking and possession of a controlled substance range from a Class I felony to a Class X felony. The penalties depend on the type of substance, amount, number of previous offenses and the age of the person. Penalties range from probation or imprisonment and up to $500,000 in fines.
Convictions for the manufacture, possession or delivery of cannabis range from a Class III misdemeanor to a Class III felony. The penalties associated with cannabis depend on the amount, number of previous offenses, and the age of the person and range from probation or imprisonment with fines up to $100,000.
The Illinois Revised Statutes – Chapter 625 Article V; and Chapter 720 Acts 550, 570, 600 and 690 specifically identify each crime and the corresponding penalty. Copies are available from area law enforcement agencies, the KCC Learning Resource Center and online at http://www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois statutes are consistent with federal law, and local law is subject to state law.
Environment Policy
It is the policy of the Kankakee Community College board of trustees that it shall conform fully with the federal Drug-Free Workplace Act of 1988, Public Law 100-690, Section 5151, et seq. and the Drug-Free Schools and Communities Act Amendment of 1989 (PL101-226). By establishing these policies, the college seeks to improve the environment by reducing and eliminating substance abuse in the schools and in the workplace. The president of the college is directed to establish and administer appropriate rules to implement this policy.