Drug & Alcohol Prevention Program

Legal Sanctions

BR.06.D – Drug and Alcohol-Free Environment, Board of Regents Policy Manual

The unlawful manufacture, distribution, dispensation, possession, or use of drugs or alcohol in the workplace, on College property, or as part of College-sponsored activities is strictly prohibited. Provided, however, the use of alcohol may be permitted by the College at College-sponsored or College-authorized activities as approved by the Vice President and Senior Vice President and Chief Academic Officer, and the Vice President for Administration. Students or employees who violate this policy are subject to both the institution’s sanctions and to criminal sanctions provided by federal, state, and local law.

EH.13.F – Drug and Alcohol-Free Environment, Employee Handbook

Tulsa Community College is a drug and alcohol-free workplace. All TCC employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing, using, or being under the influence of a controlled substance or alcohol during scheduled work hours; while operating a state vehicle; on state property; or at the employee’s workplace. All TCC employees are also prohibited from soliciting prescription medication from employees, vendors, or customers.

EH.13.G – Drug and Alcohol Testing, Employee Handbook

All TCC employees are subject to testing for alcohol or drug use in the workplace. TCC may require an employee to submit to an alcohol or drug test for cause or following an accident in the workplace. TCC may require an employee to submit to post-accident alcohol or drug testing if the employee or another person is injured in the workplace or if property or equipment has been damaged in the workplace. 40 O.S. § 557. Employees in a safety-sensitive position may fall under U.S. Department of Transportation regulations for alcohol and drug testing, specifically Controlled Substance Testing (49 CFR § 391.81 et seq.), Procedures for Transportation Workplace Drug Testing Programs (49 CFR § 40.1 et seq.), and other applicable federal statutes and regulations. These employees will be tested according to U.S. DOT regulations.

EH.13.H – Drug and Alcohol Prevention Program, Employee Handbook

Employees are encouraged to voluntarily seek treatment for alcohol or drug dependency. Evaluation and assessment services performed by the Employee Assistance Program are free and confidential. The EAP can also provide referrals to appropriate resources. Successful completion of a voluntary rehabilitation or treatment program will in no way jeopardize an employee's job opportunities at TCC. However, seeking assistance from the EAP or a treatment or rehabilitation program will not protect an employee from disciplinary action for violation of this policy.

Internal Sanctions

The College will impose disciplinary sanctions on students and employees who unlawfully manufacture, distribute, possess or use illegal drugs or alcohol in the workplace, on College property, or as part of a College-sponsored event. Violations of these standards of conduct can result in referral for a criminal prosecution, a requirement of satisfactory completion of an appropriate drug or alcohol rehabilitation program, suspension or expulsion from the College, and disciplinary action up to and including termination from employment. A criminal conviction is not required for sanctions to be imposed upon a student or employee for violation of this policy.

External Sanctions

Local, state, and federal laws provide for a variety of legal sanctions for the unlawful possession and distribution of illicit drugs and alcohol. These sanctions include but are not limited to, incarceration and monetary fines.

Federal law provides rather severe penalties for distributing, dispensing or possessing with the intent to distribute or dispense, a controlled substance, and penalties of a less severe nature for simple possession of a controlled substance. The type and quantity of the drug, whether the convicted person has any prior convictions, and whether death or previous injury resulted from the use of the drug in question.

For example, possession of 100–999 grams mixture of Heroin is involved and it is your first offense, you are subject to not less than 5 years, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual. If between 1kg or more mixture and it is your first offense, you are subject to not less than 10 years, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual. Two or more offenses may have harsher penalties including up to Life imprisonment.

According to the Uniform Controlled Dangerous Substances Act, any person who violates any provision of this section by transporting with intent to distribute or dispense, distributing or possessing with intent to distribute a controlled dangerous substance to a person, or violation of subsection G of this section, in or on, or within 2,000 feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, public housing project, or child care facility as defined by Section 402 of Title 10 of the Oklahoma Statutes, shall be punished by a term of imprisonment in the custody of the Department of Corrections for a first offense, or by the imposition of a fine or by both, not exceeding twice that authorized by the appropriate provision of this section and for a second or subsequent violation of this section, a term of imprisonment in the custody of the Department of Corrections, or by the imposition of a fine or by both, not exceeding thrice that authorized by the appropriate provision of this section. Convictions for second and subsequent violations of the provisions of this section shall not be subject to statutory provisions of suspended sentences, deferred sentences, or probation. Section 2-401 of Title 63.

Enforcement

The College will impose disciplinary sanctions on students and employees who unlawfully manufacture, distribute, dispense, possess or use drugs or alcohol in the workplace, on College property, or as part of a College-sponsored event. Violations of these standards of conduct may result in referral for criminal prosecution, a requirement of satisfactory completion of an appropriate drug or alcohol rehabilitation program, warning, probation, loss of privileges, fines, restitution, discretionary sanctions, college program/service probation, college program/service suspension, suspension, or expulsion and disciplinary action up to and including termination from employment. A criminal conviction is not required for sanctions to be imposed upon a student or employee for violation of this policy.

Employees are required to notify their supervisor of a criminal conviction for a drug-related offense no later than five calendar days following the conviction.

Employees have the responsibility to refrain from performing sensitive safety functions while a prohibited drug or alcohol is in their system.

Information related to the Drug and Alcohol Prevention Program is distributed annually to employees and students; is available online through MyTCC; included in the student and employee handbooks; and is available for review in the following offices: Student Life, Dean of Student Success and Campus Operations, Human Resources, and Campus Police.