• AR 3550: Drug-Free Environment and Drug Prevention Program


  • Chapter 3

    References: Drug-Free Schools and Communities Act Amendment of 1989;
    20 U.S. Code Section1011i;
    34 Code of Federal Regulations Parts 86.1 et seq.;
    Federal Drug-Free Workplace Act of 1988;
    41 U.S. Code Section 8103

    Mt. Hood Community Collegeis committed to providing its employees and students with a drug-free workplace and campus environment. It emphasizes prevention and intervention through education.

    Prohibition of Drugs
    The unlawful manufacture, distribution, dispensing, possession, or use of any controlled substance is prohibited on collegeproperty, during college-sponsored field trips, activities, or workshops, and in any facility or vehicle operated by the college.

    Violation of this prohibition will result in appropriate action up to and including termination of employment, expulsion, and referral for prosecution, or as permitted by law, may require satisfactory participation in an alcohol or drug abuse assistance or rehabilitation program.

    As a condition of employment, employees must notify the college human resources departmentwithin five days of any conviction for violating a criminal drug statute while in the workplace. The human resources department must inform any agencies that require this drug-free policy within ten days of receiving notice of a workplace drug conviction.

    The college prohibits employees and students from the following:

    • Being under the influence of drugs and/or controlled substances on the college premises, while on college business, or while operating college vehicles.
    • Consuming or using marijuana or its active ingredients in any form on college-owned or controlled property and at college-sponsored events, regardless of whether the use is medically prescribed or not.
    • Failing to cooperate in college investigations of substance use and abuse.
    • Manufacturing, distributing, dispensing, possessing, or using drugs (licit or illicit) and/or controlled substances in an unlawful way on college premises or at any other time while in a college-owned or controlled building, office, premise, site or vehicle, or at activities under the jurisdiction or sponsorship of the college when such use adversely affects the individual’s work performance or safety at work.
    • Manufacturing, distributing, dispensing, possessing, or using drugs (licit or illicit) and/or controlled substances in an unlawful way off college premises or college-owned or controlled building, office, premise, site, or vehicle.
    • The appropriate use of legal prescription and over-the-counter medication to treat a medical condition does not violate this policy as long as the medication does not interfere with their ability to safely and effectively perform the essential duties of their position. 

    College Assistance: The human resources department, unless indicated otherwise below, will make available information on the following:

    • Availability of drug counseling, rehabilitation, and employee assistance programs to employees and their families.
    • Dangers and health risks of drug abuse.
    • Insurance benefits available to employees that may cover the cost of rehabilitation treatment programs.
    • The college’s policy of a drug-free workplace.
    • Penalties that may be imposed for violating this regulation.
    • Workers' compensation forms: injury reports, status reports 
    • Coaching supervisors to effectively address alcohol issues in the workplace and learning environments 
    • Granting of leave with or without pay to any employee who requests to participate in an alcohol abuse assistance or rehabilitation program.
    • The offering of space to support groups on the college campus. Information about these groups is available from the career counseling and planning center and the student union information desk.
    •  Resources for students will be available at the student services hub and public safety office or by referral to community agencies.

    Drug Testing Policy

    • To maintain a safe workplace and learning environment, all employees will be subject to reasonable suspicion, return-to-duty, and follow-up testing for drugs or controlled substances.
    • In accordance with the Omnibus Transportation Employee Testing Act, the college may conduct pre-employment drug testing for high-risk, safety-sensitive jobs that may pose a danger to others and for jobs in which the employee will be responsible for the safety and security of children. The college may also conduct random and reasonable suspicion drug testing and may require return-to-duty and follow-up testing for drugs or controlled substances. Employees subject to testing include those who are 
    • Required to hold a commercial driver’s license (CDL).
    • Employed to drive vehicles carrying 16 or more passengers.
    • The associate vice president of human resources or designee will be the college’s designated employer representative (DER) to administer the college’s drug testing program.
    • Criteria for reasonable suspicion include any of the following: 
    • Direct observation of use.
    • Observed abnormal behavior or impairment in mental or physical performance (e.g., slurred speech or difficulty walking).
    • Opinion of a medical professional; 
    • Reliable information concerning use in the workplace; or 
    • Work-related accident in conjunction with a basis for reasonable suspicion as listed above.

    Sanctions: Persons who are non-compliant with the college’s Drug and Controlled Substance Use Policy and provisions of these administrative regulations, or who are in violation of related State and Federal regulations, will be subject to sanctions which may include but are not limited to immediate disciplinary action up to and including termination. Additionally, the following applies.

    • An employee will not report for duty or remain on duty if the employee uses any controlled substance except as authorized by a physician who confirms that the employee’s ability to perform will not be impaired by the prescribed substance.
    • An employee will not remain on duty if the employee tests positive for the use of a controlled substance unless the substance is prescribed by a physician who confirms that the employee’s ability to perform will not be impaired by the substance.
    • An employee may be required to satisfactorily complete an approved drug abuse assistance or rehabilitation program as a condition of continued employment.
    • An employee may be reassigned.
    • An employee may be required to agree to a “last chance agreement” as a condition of employment.
    • A student in violation of this regulation may be subject to the following sanctions: verbal or written warnings; disciplinary probation; payment for the destroyed property; required counseling, treatment, or community service; suspension or temporary exclusion (removal from classes, privileges, or activities for a specified period up to one year); and permanent expulsion from the college.

    Approved: 7/24/96

    Revised: 11/10/98, 5/6/08, 9/22/09, 10/24/10, 10/17/23