Policies

Drug Free

Linn-Benton Community College: Drug and Alcohol Free Workplace and College Setting

I. Introduction

Linn-Benton Community College is legally required and morally committed to the prevention of illegal drug use and the abuse of alcohol by both students and employees. Drug and alcohol abuse is a significant public health problem which has spread throughout our society, affecting performance and productivity, as well as our level of general health. In addition, the use of drugs can adversely affect an organization's level of safety as well as its public confidence and trust. And lastly, with reference to "The Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226),"

"No institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless it certifies to the Secretary that it has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees"

In brief, this document has been developed by LBCC to comply with the current federal law and to educate and inform its students and employees of the health risks, counseling and treatment resources, and sanctions for noncompliance. Linn-Benton will biennially review this program to determine its effectiveness and implement changes if needed and to ensure the sanctions required are consistently enforced.

2018 LBCC - Biennial Review Alcohol and Drug Free Education Program 2016 to 2018

II. Standards of Conduct

Students

The LBCC Students' Rights, Responsibilities and Conduct document defines the following behaviors as violations of the standards of student conduct: "Use, possession or distribution of alcoholic beverages, narcotics, or dangerous drugs except as expressly permitted by law."

Unlawful possession or distribution of alcoholic beverages, unlawful drugs, or narcotics to those for whom they are not prescribed, except as expressly permitted by college policy is a violation of the student rights, responsibilities and code of conduct. The unlawful under-age use of any substance and/or the non-prescription use of a prescription substance is not permitted at any LBCC location or property. Being impaired by the use of any non-prescribed substance is not permitted. Impairment shall be evidenced by inappropriate behavior.

Marijuana possession and/or use on campus is prohibited in all locations. [Students who use marijuana or any other controlled substance for medicinal purposes under doctor supervision should consult with the Center for Accessibility Resources (CFAR) and Public Safety for additional guidance and should consult federal law, which differs from Oregon state law.)

Students also have a right to prompt and fair processes when the college may take adverse action against a student with regard to being under the influence or impaired by a medication, alcohol or illegal substance. Disagreements about whether a student is impaired shall be moderated and resolved by an assessment by Public Safety.  A student may request the assistance of Public Safety and may voluntarily submit to drug testing per LBCC protocols as a means of gathering evidence to prove non-influence or non-impairment. The college will pay for such reasonable testing in investigations or disputes raised to the Dean of Students.

Note: Some academic programs will have special admissions and program rules about substance use or abuse and may require drug-testing and 100% substance-free presence, which are related to employment standards. For such a program rule to be approved, it must be necessary, relevant to the work and safety of the people and work environment, and/or a reflection of the professional field or industry for which the student’s classes prepare the student. In such case, the program shall file a copy of their rule to the Dean of Students and request a conversation for approval with the appropriate college authorities, explaining the necessity. When approved by management, the program will give written notice to students of the special rule prior to or at the start of classes or program (or prior to holding any student accountable to that rule). [See program rules of the academic program in which you have interest.]

SMOKING AND VAPING:;
Smoking, vaping, chewing tobacco, or the use of other inhalants or tobacco products in any unauthorized location or by any person under the age of 21 is prohibited at LBCC. Authorized locations for lawful smoking and/or vaping are the smoking/vaping shelters only Any attempt to purchase or distribute smoking or inhalant products that are unlawful (example, distribution to persons under 21) is also a violation of LBCC rules. See also,Administrative Rule 5045-02

Employees

The Board of Education seeks to ensure compliance with the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act Amendments of 1989 (Public Law 101-226). It is also the goal of the board that the college intentionally promotes the highest quality educational experience for students by utilizing a workforce whose performance is not impeded by the use of drugs or alcohol.

LBCC specifically prohibits the use, distribution or possession of alcohol, illegal drugs or other unauthorized controlled substance while engaged in work duties on campus (including parking areas and grounds). This prohibition includes the use of such substances during non-work time (such as personal meal/break time) or while otherwise performing their work duties away from college premises, if such use may result in job impairment.

This prohibition also applies to employees traveling over-night for college related functions who may be called upon or responsible for student related services, as impairment may inhibit service quality and may cause potential liability under the college’s liability and workers’ compensation insurance policies. Included within this prohibition are lawful controlled substances which have been illegally or improperly obtained.

Drugs and alcohol are not allowed on campus or at college-related functions except as they relate to the teaching/learning process, or as specifically allowed and sanctioned by Administrative Rule 5045-01- Use of College Facilities and Food/Conference Services.

All employees and/or sponsors of any on-campus or College-sponsored activity or social event at which alcoholic beverages are served must abide by all applicable laws. Sponsors must obtain and follow applicable procedures.

III. LBCC Sanctions

Students
LBCC Students' Rights, Responsibilities and Conduct outlines the procedures the college will follow for students who violate either the drug or alcohol policies. These procedures provide for due process for the students. Those found guilty of misconduct may be subject to the following disciplinary actions: disciplinary warning (notice that a student's conduct in a specific instance does not meet college standards and that continued misconduct may result in more serious disciplinary action), disciplinary probation (written notice that the student found in violation of the college standards may continue to be enrolled under stated conditions), temporary exclusion (exclusion from class(es) or activities for up to two class meetings or longer), suspension (suspension for a fixed period of time which may include forfeiture of the right to enter the campus; exclusion from one or more classes or exclusion from classes and/or activities, and expulsion (termination of student status as set forth in the Notice of Expulsion by the College President. Further supplemental sanctions may be imposed which clearly address the issues involved in the misconduct.

Employees
Based on the facts leading to the discovery of a violation of this administrative rule, employees may be referred to the Employee Assistance Program for further evaluation and treatment and/or may face disciplinary action up to and including suspension (without pay) or discharge. The nature and severity of the violation will determine the level of corrective action.

IV. Health Risks Associated With the Use of Illegal Drugs

DEPRESSANTS

Depressants include alcohol, tranquilizers and benzodiazepines such as Xanax or Valium. They can cause–

  • Poor concentration, coordination and judgment
  • Inability to reason and make decisions
  • Mood swings
  • Fatigue
  • Liver diseases
  • Ulcers
  • Birth defects
  • Depression
  • Malnutrition
  • Heart disease and stroke
  • Certain cancers
  • Brain damage
  • Drowsiness
  • Poor attention span, memory and coordination
  • Confusion
  • Birth defects
  • Possible liver disease
  • Nervousness, short attention span, poor judgment, mood swings, paranoia or hallucinations
  • Depression caused by withdrawal
  • Death from heart or respiratory failure, stroke or seizures
  • Lung and voice damage
  • Hepatitis or AIDS

INHALANTS

Inhalants include glue, nitrous oxide and aerosol sprays.

  • Confusion
  • Difficulty walking
  • Rapid heart rate
  • Sudden brain damage
  • Damaged sense of smell
  • Liver damage
  • Lung damage
  • Kidney problems

ANABOLIC STEROIDS

Steroid use can cause–

  • Aggressive behavior
  • Mood swings
  • Withdrawal can cause depression
  • Liver disease
  • Heart attack
  • Stroke
  • High cholesterol levels
  • In men, breast development, small testicles and sterility
  • In women, deep voice, acne, hair growth and decrease in breast size

Revised 2018 In Compliance with Public Law 101-226 [Credits to Chemeketa Community College]

V. Applicable Legal Sanctions Under Local, State and Federal Law for Unlawful Possession, Use, or Distribution of Illegal Drugs and Alcohol

State & Federal Criminal Statutes

State and federal laws are very complex regarding penalties for possession, distribution, and use of controlled substances (drugs). Here are applicable legal sanctions under State, and Federal law for unlawful possession, use, or distribution of alcohol and drugs.

Oregon Criminal Laws

Applicable laws will vary depending on the facts of each case. [See ORS Chapter 475— Controlled Substances; Chapter 161—Crimes and Punishment; Chapter 471— Alcoholic Liquors.] However, the absolute minimum will be a $250.00 fine for lowest level violation. From that minimum, as the severity of the offense increases, the penalties increase up to $500,000 fine and 20 years in jail.

A minor in possession of alcohol can result in a fine of up to $1,000 with more serious offenses, such as providing alcohol to minors, carrying much more severe penalties. Alcohol is an illegal drug for those under 21 years of age.

ORS 471.430

Purchase, consumption or possession of alcoholic beverage by a minor: Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.

For drivers under 18, ANY detectable amount of alcohol is grounds for losing their license until they are 18. Misrepresenting one's age for the purpose of obtaining alcoholic beverages is a Class C Misdemeanor. There are many more laws pertaining to alcohol and other drugs. A criminal conviction may bar a student from their chosen career path or an employee from successful employment with the college. The penalty for providing alcohol to minors can range from a $500 fine to a $1,500 fine, a year in jail, and community service. The most severe penalties result from accidents or incidents in which the participants are intoxicated. This category also includes those who may have supplied the alcohol to the participants.

ORS 471.410

Sale or furnishing of alcoholic beverage to a minor: aiding a minor to purchase or procure alcoholic beverage. Every person who knowingly sells, gives, or otherwise furnishes an alcoholic beverage to any person under 21 years of age...is guilty of a misdemeanor.

Federal Criminal Laws

Federal law can also apply depending on the circumstances. See also Federal Drug Schedules

Impact on Federal Student Aid Eligibility

Drug convictions while enrolled as a student at TMCC may affect a student’s eligibility for federal student aid. “Drug convictions during a period of enrollment in which the student is receiving Title IV, HEA program funds, under any federal or state law involving the possession or sale of illegal drugs will result in the loss of eligibility for any Title IV, HEA grant, loan, or work-study assistance.” [HEA Sec. 484(r)(1); 20 U. S. C. 109(r)(1)].

For more information refer to Federal Student Aid.

For further information refer to the U.S. Department of Education, see Part 86.

Marijuana Penalties
Delivery of less than 5 grams or possession of less than 1 ounce of marijuana is a violation. HB2479 established mandatory evaluation, education and treatment services for those under 18 years of age. If services are successfully completed, the charge will be dropped. Oregon has strong laws allowing cars, boats, etc. that transport illegal drugs to be seized and forfeited.

Alcohol Penalties
Alcohol is an illegal drug for those under 21 years of age. For drivers under 18, ANY detectable amount of alcohol is grounds for losing their license until they are 18. Misrepresenting one's age for the purpose of obtaining alcoholic beverages is a Class C Misdemeanor. There are many more laws pertaining to alcohol and other drugs. A criminal conviction may bar a student from their chosen career path or an employee from successful employment with the college.

Revised 2018 In Compliance with Public Law 101-226 [Credits to Chemeketa Community College]

VI. Programs Available to Assist Students and Employees

College Resources

Students
Counseling Center, Takena Hall (541) 917-4780

Employees
LBCC provides an Employee Assistance Program (EAP), available to all contracted employees. Through this program, each contracted employee and his or her dependents are allowed five visits per year at no cost for appraisal, limited counseling and/or referral. All employee contact with EAP is strictly confidential. Corvallis ((541) 754-8004), Eugene ((541) 344-6929).

Other Resources

Substance Abuse
Addiction & Behavioral Therapies Emergence
Albany (541) 967-6597
Corvallis (541) 758-8022
Eugene (541) 687-9141
Al-Anon/Alateen (Lane County) (541) 741-2841
Al-Anon/Alateen (Marion and Polk Counties) (503) 370-7363
Al-Anon (Linn and Benton Counties) (541) 967-6262
Alcoholics Anonymous: Lane County (541) 342-4113, Linn and Benton Counties (24 hrs per day) (541) 967-4252, Marion County (503) 399-0599
Benton County Alcohol and Drug Treatment Program (541) 766-6835
Community Outreach/ASSETS (541) 758-3000
Drug and Alcohol Abuse Hotline (800) 621-1646
Linn County Alcohol and Drug Treatment Program
Albany (541) 967-3819
Lebanon (541) 451-5932
Narcotics Anonymous Help Line (877) 233-4287
Support for Parents of Children with Behavior or Substance Abuse Problems (541) 967-6262
Teen Challenge, Inc., Salem (877) 302-7149

Emergency Help
Crisis/Suicide Prevention (800) 273-8255
ABHA Crisis Line (877) 266-4357 (Alaska Behavioral Health Association)
Linn County Mental Health (541) 967-3866, (800) 304-7468
Northwest Human Services (800) 560-5535 (Nights/Weekends)
Drug and Alcohol Abuse Hotline (800) 662-4357
Community Outreach/ASSETS (541) 758-3000

Counseling
Addiction & Behavioral Therapies Emergence
Linn County (541) 967-6597
Benton County (541) 758-8022
Benton County Mental Health (Days) (541) 766-6835
Lane County Methadone Treatment (541) 682-4464
Linn County Mental Health (800) 304-7468 or (541) 967-3866
Marion County Mental Health (503) 588-5351
Linn-Benton Community College Counseling Services (541) 917-4780
Employee Assistance Program Corvallis (541) 754-8004, Eugene (541) 344-6929

Residential Treatment
Milestones Family Recovery Program (541) 753-2230
Serenity Lane
Albany (541) 928-9681
Eugene (541) 687-1110
Salem (503) 588-2804

Medical
Benton County Health Department (541) 766-6835
Community Outreach/Sundowner House Medical Clinics (541) 758-3000
Families and Agencies Coming Together (F.A.C.T.) (541) 924-3720
Health Van (LBCC) (541) 967-3888
Linn County Public Health (541) 967-3888
Oregon Health Plan (Application Center) (800) 699-9075
Oregon SAFENET 1-800-SAFENET, ((800) 723-3638)

Websites
Benton County Health www.co.benton.or.us/health
Drug and Alcohol Abuse Hotline https://www.samhsa.gov/find-help/national-helpline
Lane County Health & Human Services http://www.lanecounty.org/government/county_departments/health_and_human_services
Linn County Health Services www.co.linn.or.us/
Revised 2005 In Compliance with Public Law 101-226
Human Resources
Linn-Benton Community College
6500 Pacific Boulevard SW
Albany, OR 97321

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