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.

Student Sanctions

Students who violate this policy are subject to the HutchCC Disciplinary Policy (Policy 1047) and the sanctions included in that policy. Violations of this policy by students will be reported to the Vice President of Student Services and, when appropriate, to law enforcement officials.

Financial Aid Penalties for Drug Law Violations

A federal or state drug conviction can disqualify a student for FSA funds. The student self certifies in applying for aid that they are eligible; the College is not required to confirm this unless the College has conflicting information.

Convictions only count against a student for aid eligibility purposes (FAFSA question 23c) if they were for an offense that occurred during a period of enrollment for which the student was receiving Federal Student Aid—they do not count if the offense was not during such a period, unless the student was denied federal benefits for drug trafficking by a federal or state judge (see drug abuse hold sidebar, next page). Also, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when they were a juvenile, unless they were tried as an adult.

The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)

If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period. Schools must provide each student who becomes ineligible for FSA funds due to a drug conviction a clear and conspicuous written notice of their loss of eligibility and the methods whereby they can become eligible again.

A student regains eligibility the day after the period of ineligibility ends or when they successfully complete a qualified drug rehabilitation program or passes two unannounced drug tests given by such a program. Further drug convictions will make them ineligible again.

Students denied eligibility for an indefinite period can regain it after successfully completing a rehabilitation program (as described below), passing two unannounced drug tests from such a program, or if a conviction is reversed, set aside, or removed from the student’s record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student’s responsibility to certify to Financial Aid that they have successfully completed the rehabilitation program; as with the conviction question on the FAFSA, the College is not required to confirm the reported information unless the College has conflicting information.

When a student regains eligibility during the award year, the College may award Pell grant, TEACH, and Campus-based aid for the current payment period and Direct loans for the period of enrollment.

Standards for a qualified drug rehabilitation program

A qualified drug rehabilitation program must include at least two unannounced drug tests and satisfy at least one of the following requirements:

• Be qualified to receive funds directly or indirectly from a federal, state, or local government program.

• Be qualified to receive payment directly or indirectly from a federally-or state-licensed insurance company.

• Be administered or recognized by a federal, state, or local government agency or court.

• Be administered or recognized by a federally- or state-licensed hospital, health clinic, or medical doctor.

If the College is counseling a student who will need to enter such a program, the student should be advised of these requirements. If a student certifies that they have successfully completed a drug rehabilitation program, but the College has reason to believe that the program does not meet the requirements, the College must then find out if requirements are met before paying the student any FSA funds.

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.

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

Drug and Alcohol Abuse and Prevention Information

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

• Above the Influence

Above the Influence was originally created as part of the National Youth Anti-Drug Media Campaign, a program of the Office of National Drug Control Policy (ONDCP). Above the Influence has since transitioned away from federal oversight and is now a program of the non-profit Partnership for Drug-Free Kids.

• National Council on Alcoholism and Drug Dependence (NCADD)

The National Council on Alcoholism and Drug Dependence, Inc. (NCADD) has been a valuable resource for millions of people struggling with alcoholism and addiction.

• It Matters

The It Matters website and related educational campaigns are sponsored by the Behavioral Health Services Commission at the Kansas Department for Aging and Disability Services (KDADS).

• 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 health and well-being.