General Standards of Conduct

In compliance with the Federal Drug Free Workplace Act of 1988 (Public Law 100-690) and the Drug Free Schools and Communities Act of 1989 (Public Law 101-226), Hutchinson Community College (“HutchCC” or “the College”) prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or abuse of alcohol (as defined in these Acts) by a student or employee on college property or at any college event or activity.

Student or employee violations of federal, state, and/or local drug and alcohol laws, including underage drinking laws, or HutchCC policies will be handled in accordance with applicable law enforcement and/or HutchCC disciplinary procedures. In Kansas, the legal drinking age is 21; however, no alcohol is allowed on HutchCC property or property controlled by HutchCC without prior written approval of the HutchCC Board of Trustees.

Residence halls, student clubs and organizations, and athletic teams, may impose additional restrictions.

Social Acceptability & Representation of Hutchinson Community College

The following definitions apply to this section:

• Reasonable/Reasonably means fair, sensible, or logical based on common standards or what most people would consider acceptable.
• Professional Judgement means the ability to make well-reasoned, ethical, and responsible decisions by applying one’s knowledge, skills, experience, and professional standards.

When acting in an official capacity, using a College title, or otherwise presenting themselves in a way that could reasonably be understood as speaking or acting on behalf of the College, employees must model professional judgment as outlined below.

• Employees must avoid alcohol/drug-related behaviors that a reasonable person would view as unprofessional or damaging to the College’s reputation, student welfare, or community relationships, including partners, and vendors.
  • Examples of these behaviors include, but are not limited to, visible intoxication, disruptive conduct, or encouraging others to drink
• Employees must maintain clear professional boundaries with students and may not purchase, provide, or facilitate access to alcohol for anyone under 21 or for any student at sponsored activities when representing HutchCC.
• If alcohol is present at HutchCC-hosted events or events being attended as a HutchCC representative, employees should limit consumption, decline participation in high-risk activities, and leave situations where alcohol/drug use by others creates safety or reputational risk.

The bullet points above are not intended to regulate lawful personal activities; however, it does apply when employees’ conduct is connected to their College role or relationships and could reasonably be expected to impact student welfare, or the College’s operations, learning environment, or reputation.

Employees must promptly notify a Vice President or Human Resources of serious alcohol/drug-related incidents at HutchCC-hosted events or events being attended as a HutchCC representative. Supervisors, Directors, Vice Presidents, and/or the President may outline best practices or safeguards to be initiated to protect the College’s reputation and/or involved employees.

Suspected violations of this policy will be investigated in accordance with HutchCC’s policies, procedures, and/or the Master Agreement. Upon the conclusion of the investigation, if conduct is deemed to violate this policy, employees may be subject to discipline, up to and including termination.

Travel and Conference Conduct

While traveling on College business, including, but not limited to, travel days, conferences, trainings, recruiting trips, donor/alumni events, and any College-sponsored function, employees are considered to be representing HutchCC.

Employees may not possess, use, or be impaired by illegal drugs, misuse prescription/over-the-counter medications, or be under the influence of alcohol while on duty, driving, operating equipment, supervising students, staffing a booth/table, meeting with external partners, or attending scheduled business events.

Lawful, moderate alcohol consumption during clearly off-duty personal time is permitted only if it does not result in impairment at any College related function or during the next duty period. Employees must arrive for all College activities fit for duty.

Driving any vehicle for College business while impaired is prohibited. After consuming alcohol, employees must use rideshare/taxi or other safe transportation at their personal expense.  Transporting alcohol or illegal substances in a HutchCC vehicle, is strictly prohibited. 

Employees must comply with all applicable laws at the travel location. Marijuana and other federally controlled substances remain prohibited while on College business, regardless of state/local legalization.

Harassment, disruptive behavior, or conduct that reflects poorly on HutchCC, particularly when associated with alcohol and/or drug use, violates this policy and may result in discipline, up to and including termination, under the College’s disciplinary procedures.

Student Sanctions

Students who violate this policy are subject to the Student Code of Conduct (Policy 1047) and the sanctions included in that policy. Violations of this policy by students will be reported to the Executive Director of Student Affairs and Campus Safety and, when appropriate, to law enforcement officials.

Employee Sanctions

As a condition of employment, employees of HutchCC who violate this policy will be reported to the Director of Human Resources and, when appropriate, to law enforcement officials. Employees of HutchCC who violate this policy will be subject to one or more of the following disciplinary actions:

• Placement on probationary status
• Short-term suspension with pay
• Short-term suspension without pay
• Long-term suspension without pay
• Required participation in a drug and alcohol education treatment, counseling, or rehabilitation program
• Termination of employment
• Or other actions determined appropriate by the Director of Human Resources

Employees who violate this policy will be afforded a hearing in accordance with current policies relating to employee discipline. Nothing in this policy is intended to diminish the right of the college to take any other disciplinary action permitted or authorized by HutchCC policies or the negotiated agreement.

If it is determined that an employee should complete a drug or alcohol education or rehabilitation program as a condition of continued employment, payment of the costs of any such program will be the employee’s responsibility. Employees convicted of a violation of a criminal drug statute occurring in the workplace are required to notify HutchCC of the conviction no later than five calendar days of the conviction. After receiving the notification from the employee, HutchCC must provide notice of the conviction, including position title and affected grants, to the U.S. Department of Education’s Director of Grants and Contracts Service.

Distribution

This policy will be distributed annually to all employees and all students.

The policy and related procedures will be reviewed and updated biennially by the Regulatory Compliance and Due Process Committee. The Director of Financial Aid may make minor modifications to policy if Federal Regulations warrant such revisions.

Consequences of the Use, Misuse, and Abuse of Drugs and Alcohol

Health Consequences

Students and employees of HutchCC should be aware that the following health risks have been associated with the use, misuse and abuse of drugs and alcohol:

• Alcohol: Birth defects, ulcers and gastritis, liver damage, heart disease, cancer, and brain damage
• Anabolic Steroids: Acne, cancer, heart disease, liver disease, sterility, jaundice, and kidney stones
• Cocaine/Stimulants: Increased blood pressure, blurred vision, sleeplessness, anxiety, irregular heartbeat, and death
• Hallucinogens: Increased body temperature, increased heart rate, blood pressure, sleeplessness and tremors
• Marijuana: Irritation of the lungs, emphysema, increased heart rate, reduced short term memory, and cancer
• Opiates/Narcotics: Decreased heart rate, nausea, cold, moist skin, bluish in color, and slowed breathing
• Sedatives: Slowed body function, drowsiness, convulsions, and coma

Prescription and Over-the-Counter Medications: Risks associated with the nonmedical use, abuse or misuse of prescription and over-the-counter medications are dependent upon the particular medication and may include any of the risks described above.

Students and employees should note that the above listing is not intended as all inclusive.

Workplace Consequences

The negative impact of substance abuse by employees in the workplace can be; increased risk of accidents, lower productivity, increased insurance costs, increased institutional costs, increased absenteeism. Loss of jobs and loss of life may result from substance abuse on the job.

Legal Consequences

Local, state, and federal laws provide for a variety of legal sanctions and penalties for the possession, distribution, misuse and abuse of controlled substances, pharmaceutical products, prescriptions, over-the counter medications, and alcohol.

The Federal Controlled Substances Act provides penalties of up to 15 years imprisonment and fines up to $25,000 for unlawful distribution or possession with intent to distribute narcotics. For unlawful possession of a controlled substance, a person is subject to up to one year of imprisonment and fines up to $5,000. Any person who unlawfully distributes a controlled substance to a person under twenty-one years of age may be punished by up to twice the term of imprisonment and fine otherwise authorized by law.

Kansas law provides that any person who violates the criminal statutes on controlled substances by possessing, offering for sale, distributing, or manufacturing opiates and narcotics, such as cocaine and heroin, shall be guilty of a Class C felony. For a conviction of a Class C felony, the court may sentence a person to a term of imprisonment of a minimum of three to five years, a maximum of 10 to 20 years, and a fine of up to $15,000. Unlawful possession of a depressant, stimulant or hallucinogenic drug is punishable as a Class A misdemeanor, with a penalty of up to a year in jail and a fine of $2,500.

Under Kansas law, persons under 21 years of age may be subject to minimum fines of $200 for possessing, consuming, obtaining, purchasing or attempting to obtain or purchase alcoholic liquor or cereal malt beverages. Persons convicted of driving under the influence of alcohol or drugs are subject to severe fines, imprisonment, and other penalties.

The most recent & complete Federal Trafficking Penalties are available online.

Counseling, Treatment, and Rehabilitation

Drug and alcohol counseling and treatment programs are available to students and employees on a national, state, and local basis. The Federal Substance Abuse and Mental Health Services Administration (SAMHSA) website maintains a substance abuse treatment locator.

Student Support and Resource Referral (SSC)

Alcohol assessments and personal counseling are available to currently enrolled students through the HutchCC Student Success Center (620) 665-3377. The Student Success Center maintains a list of local treatment facilities and this is available for students to pick up on request.

Employee Support and Resource Referral (HR)

Hutchinson Community College recognizes that employees may, at times, need support in identifying treatment, counseling, or other resources related to alcohol or substance use concerns.

Employees who would like assistance locating support services are encouraged to contact Human Resources. HR will partner with the employee to help identify available resources, which may include College programming, benefits and services available through enrolled plans, and community-based options. While HR can assist with identifying and coordinating resource information, the decision about whether to seek services and which provider(s) or option(s) to use remains the employee’s choice.

Drug and Alcohol Abuse and Prevention Information

The following web sites provide additional drug and alcohol abuse and prevention information:

• Partnership to End Addiction

Partnership to End Addition/DrugFree.org is a national non-profit dedicated to helping families prevent and address substance use, especially among teens and young adults.  They provide free, confidential support through a helpline, text, email, and online support groups. Their resources include evidence-based tools for prevention, early intervention, treatment, and recovery.

• Recovered

Recovered is a U.S.-based behavioral health organization that offers a free, comprehensive, and medically reviewed directory of addiction treatment providers.

• National Institute on Drug Abuse (NIDA)

The mission of the National Institute on Drug Abuse is to advance science on the causes and consequences of drug use and addiction and to apply that knowledge to improve individual and public health.

• National Institute on Alcohol Abuse and Alcoholism (NIAAA)

The National Institute on Alcohol Abuse and Alcoholism (NIAAA) is one of the 27 institutes and centers that comprise the National Institutes of Health (NIH). NIAAA supports and conducts research on the impact of alcohol use on human healt