SWC agrees and abides by the concepts of the Drug-Free Schools and Communities Act, Public Law 101-226, December 12, 1989. In compliance, SWC abides by the following policy: “It is prohibited for students or employees of the Sisseton Wahpeton College to engage in the possession, use, or distribution of illicit drugs or alcohol while on college property or in connection with any institutionally sponsored activity.
SUBSTANCE ABUSE POLICY
SWC operates a drug-free workplace. Employees who possess, manufacture, use, attempt to possess or use, participate in the illegal transfer, sale, offering, or possession of illegal drugs, other controlled substances, or alcohol while on the job or on SWC property are in violation of this policy and are subject to disciplinary action. Employees who report to work under the influence of alcohol, illegal drugs, or other controlled substances are considered a threat to the general safety, productivity, security, and accountability of the College and are also in violation of the policy.
SWC recognizes two different situations that require addressing.
- The effect of alcohol/drug use or abuse on an employee’s performance and overall health. SWC will strive to treat this situation with sensitivity and concern by helping the employee obtain appropriate treatment and counseling and will make every effort to accommodate an employee’s needs in such a situation.
- The effect of illegal drug-related activities (such as possession, sale, offering, or using) on the reputation of the College in general and the denial of the goal of a drug-free workplace. Therefore, in order to strive to treat this second situation, a procedure has been implemented for drug testing.
Drug Testing Situations
There are five situations that could require an employee to submit to drug testing in order to remain employed at SWC. Those situations are as follows:
- SWC will periodically require that a randomly selected sample of the workforce submit to a drug-use screening test. “Randomly selected” means a computer generated list of employees for periodic drug testing, but at no time shall any employee be chosen for a random test by a method that could arguably have been prejudiced toward a particular employee. The random sample will include 25 percent (25%) of SWC’s current employees and will be done twice a year. The President, the Vice-President and the HR Manager will be responsible for coordinating the process.
- Reportable accident. In case of an accident on the job, an employee who is injured on the job to the extent that medical attention is required will be required to take a drug test for insurance and liability purposes.
- Reasonable suspicion. Reasonable suspicion of violations of the SWC Substance Abuse Policy can result in a drug test. Violations of the SWC Substance Abuse Policy must be reported in writing, be articulate and descriptive, and meet the standards of reasonable suspicion test. When a report is received, the President, in consultation with the HR Manager, will evaluate it. The President will then decide whether the suspicions warrant a drug test. If deemed necessary, the HR Manager will coordinate the drug test.
- Area testing. Within SWC, there are areas that are defined as a section of a workplace that include one or more departments. SWC will conduct an area drug test when there is an indication that drugs are being used or there is a potential for damage caused by drug use. The procedure listed under “reasonable suspicion” will be used to coordinate the process.
- Baseline testing. This category of testing will be used whenever the SWC drug testing policy is amended. In that instance, all SWC employees will be subject to testing. This
Failure of Drug Test or Refusal to Submit
Failure of the drug testing protocol occurs after the final lab report determines a positive finding, after eliminating false positives or the presence of legitimate prescription drugs – requiring supporting documentation from a doctor. Failure of a drug test, or refusal to submit to a drug-use screening test, whether on-duty or off-duty, shall be grounds for termination of employment. Failure to appear and take the test is considered a form of refusal, as is appearing but leaving prior to the test being administered. An employee who is terminated from employment under this policy shall not be allowed to re-apply for a position with SWC for a period of one year.