Drug Free Campus Policy: 5:03:00:00

Responsible Officer: Executive Director of Human Resources

Responsible Executive: Executive Vice President for Business and Finance

I. PURPOSE

This statement is being distributed to all Motlow State Community College (Motlow State) faculty, staff, and students in compliance with the provisions of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et. Seq.) and the Drug-Free Schools and Communities Act Amendments of 1989 (20 U.S.C. 3171, et. Seq.).

It is the policy of Motlow State that the unlawful manufacture, distribution, possession, or use of alcohol and/or illicit drugs on Motlow State campuses, on property owned or controlled by Motlow State, or as part of any activity of Motlow State is strictly prohibited.  All faculty, staff, and students are subject to applicable federal, state and local laws related to this matter.  Additionally, any violation of this policy will result in disciplinary actions as set forth in Section III of this policy.

II. LEGAL SANCTIONS

1. Various federal, state and local statutes make it unlawful to manufacture, distribute, dispense, deliver, sell or possess controlled substances.  The penalty imposed depends upon many factors which include the type and amount of controlled substance involved, the number of prior offenses, if any, whether death or serious bodily injury resulted from the use of such substance, and whether any other crimes were committed in connection with the use of the controlled substance.  Possible maximum penalties for a first-time violation include imprisonment for any period of time up to a term of life imprisonment; fines; supervised release; or, any combination of the above.  These sanctions are doubled when the offense involves either:
   1. Distribution or possession at or near a school or college campus or,
   2. Distribution to persons under 21 years of age.
2. Repeat offenders may be punished to a greater extent as provided by statute.
3. It is unlawful for any person under the age of 21 to buy, possess, transport (unless in the course of their employment), or consume alcoholic beverages, wine, or beer.  Such offenses are classified as Class A misdemeanors punishable by imprisonment for not more than 112 months, 29 days, or a fine of not more than $2,500, or both (T.C.A. Sections 1-3-113, 57-5-301).  It is further an offense to provide alcoholic beverages to any person under the age of 21, such offense being classified as a Class A misdemeanor (T.C.A. Section 39-15-404).  The offense of public intoxication is a Class C misdemeanor punishable by imprisonment of not more than 30 days or a fine of not more than $50, or both (T.C.A. Section 39-17-310).

III. INSTITUTIONAL SANCTIONS

Motlow State will impose the appropriate sanction(s) on any faculty, staff, or student who fails to comply with the terms of this policy.

1. Faculty/Staff: As a condition of employment, each person employed by Motlow State must abide by the terms of this policy, and must notify their supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.  A conviction includes a finding of guilt, a plea of nolo contendere, or imposition of a sentence by any state or federal judicial body.  Possible disciplinary sanctions for failure to comply with this policy, including failure to notify of conviction, may include one or more of the following:
   1. Termination;
   2. Suspension without pay;
   3. Mandatory participation in, and satisfactory completion of a drug or alcohol abuse program, or rehabilitation program;
   4. Recommendation for professional counseling;
   5. Referral for prosecution;
   6. Letter of warning; and
   7. Probation.
2. Students should refer to Policy 3:02:00:01 Student Conduct for possible disciplinary sanctions.

IV. HEALTH RISKS ASSOCIATED WITH THE USE OF ILLICIT DRUGS & THE ABUSE OF ALCOHOL

There are many health risks associated with the use of illicit drugs and the abuse of alcohol including organic damage; impairment of brain activity, digestion, and blood circulation; impairment of physiological processes and mental functioning; and, physical and psychological dependence.  Such use during pregnancy may cause spontaneous abortion, various birth defects, or fetal alcohol syndrome.  Additionally, the illicit use of drugs increases the risk of contracting hepatitis, AIDS and other infections.  If used excessively, the use of alcohol or drugs singly or in certain combinations may cause death.

V. AVAILABLE DRUG & ALCOHOL COUNSELING, TREATMENT, REHABILITIATION PROGRAMS & EMPLOYEE ASSISTANCE PROGRAMS

Full-time faculty and staff should contact the State of Tennessee Employee Assistance Program by calling Here4TN, toll free, 24 hours a day, 365 days a year at (855) 437-3486, or by visiting https://here4tn.com.

B. Students should contact Motlow State’s Counseling Services office at https://motlow.edu/students/counseling/index.html.

SOURCES

HISTORY

Approved by the President’s Cabinet on December 13, 2004; reviewed March 2, 2007; reviewed September 14, 2017

Revised: May 10, 2023

Institutional Oversight Committee Approved: August 29, 2023

President’s Cabinet Approved: September 1, 2023

Effective Date: December 13, 2004; September 1, 2023