CONSEQUENCES FOR VIOLATIONS
Violation of drug and alcohol prohibitions will result in the College taking appropriate action and imposing applicable legal sanctions under local, State, or Federal law for unlawful possession or distribution of controlled substances and alcohol, up to and including termination of employment for employees, expulsion and/or other discipline of students, loss of and ineligibility for financial aid for students, and referral to federal, state, local, and/or campus security for criminal law citation, arrest and/or prosecution of both employees and students, and/or as permitted by law, may require satisfactory participation in programs, including but not limited to an alcohol or drug abuse assistance or rehabilitation program.
Board Policy 346: Drugs and Alcohol
Umpqua Community College is committed to maintaining a safe and effective institution free from the devitalizing influences of alcohol and drug abuse.
The abuse of drugs and alcohol by individuals constitutes a serious threat to their physical and mental well-being and may significantly impair performance. Although the college recognizes drug and alcohol dependencies as major health problems, drug and/or alcohol abuse at UCC is considered unacceptable behavior because it negatively affects the productivity, safety and security of the college. Therefore, in order to foster a safe, healthful and secure campus environment, it is UCC’s intent and obligation to provide appropriate drug and alcohol related procedures, educational resources, prevention-focused activities and referral services. In addition, when necessary, the college will impose sanctions.
Actions taken with respect to students, employees, and visitors shall be consistent with rights afforded individuals under college policy, state and federal statutory, regulatory and constitutional provisions.
Any employee, student or visitor who appears on college property under the influence of intoxicating or controlled substances (as defined by Federal and State statutes) will be subject to immediate expulsion from the premises.
Unlawful manufacture, distribution, dispensing, possession or use of an intoxicating or controlled substance (other than a drug prescribed by a physician) on college premises is prohibited. Violations of this policy will result in disciplinary action, up to and including termination, expulsion from classes, disqualification from use of campus facilities and referral to appropriate law enforcement agencies for prosecution.
Off-campus groups utilizing college facilities will be informed in writing of the college’s drug and alcohol policies and enforcement actions. This will be accomplished prior to the group’s arrival on campus.
The college’s premises are defined as any building, room, outdoor space, or vehicle that is owned, rented, leased, or used by the college.
If the college is to maintain a strong and productive workforce, employees must be insured of a workplace that is supportive of high level job performance. This means that impaired job performance caused by the abuse of controlled drugs and alcohol will not be tolerated at Umpqua Community College. In keeping with this standard of performance, all employees will comply with the following procedures:
1. The college expects employees to report to work able to perform their duties in a safe, efficient and effective manner. Any employee under the influence of alcohol or controlled substances while on the college’s premises or on college business will be subject to sanctions which may include, but are not limited to termination, suspension or the requirement that the employee complete an approved alcohol or drug rehabilitation program.
2. The college recognizes that substance abuse is a problem which can be treated. Wherever feasible, the college will assist employees to seek and successfully complete treatment. Employees requiring treatment for drug and/or alcohol abuse will be encouraged to make use of the benefits provided by the college insurance program. However, the decision to seek diagnosis and accept treatment for alcohol or drug abuse is the responsibility of the individual employee.
3. Employees who voluntarily request assistance in dealing with alcohol or drug abuse problems may do so without jeopardizing their continued employment with Umpqua Community College. Voluntary participation in a treatment program does not prevent future disciplinary action for violation of the College's drug and alcohol policy. Employees who undergo counseling or treatment, and who continue to work must meet all established standards of conduct and job performance.
4. The unlawful manufacture, distribution, or possession of a controlled substance by any college employee while on college business or while on the college's premises is prohibited and will constitute grounds for disciplinary action, up to and including termination.
5. All UCC employees will, as a condition of employment, not only abide by the above policy, but will report any criminal convictions for drug related activity in the workplace no later than five days after such conviction. In compliance with the Federal Drug-Free Workplace Act of 1988, within thirty days of receiving notice of an employee conviction, the college will:
- Take appropriate personnel action against the employee, up to and including termination.
- Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency.
Umpqua Community College is dedicated to providing a learning environment for students that is safe and free of the detrimental influences of drug and alcohol abuse. In keeping with this commitment, students are expected to comply with the following procedures:
1. Students are expected to report to class in a condition that is conducive to learning. Any student under the influence of alcohol or controlled substances while on the college's premises or on college sponsored activities will be subject to sanctions, which may include suspension or expulsion from college.
2. The unlawful manufacture, distribution, or possession of a controlled substance by any student while on college business or while on the college's premises is prohibited and may constitute grounds for suspension or expulsion from the college.
3. Students experiencing problems resulting from drug, narcotic, or alcohol abuse or dependency should make use of appropriate community resources for dealing with their specific situation. Although the college recognizes that alcohol and drug abuse can be treated and is willing to work with students who may suffer from such problems, it is the student's responsibility to seek assistance before drug or alcohol problems lead to academic problems.
No visitor or other member of the public shall enter or remain upon college premises when under the influence of alcohol or controlled substances. Any such person under the influence of intoxicating or controlled substances shall immediately leave the premises upon being directed to do so by the President or his delegate or designate or other member of the Administration in charge. Any license, invitation, privilege or permission otherwise held or asserted by such person is terminated by remaining on such premises after being directed to leave.
The Dean of Student Services or designee handles matters that require disciplinary action at Umpqua Community College. The concept of progressive discipline will be utilized in all cases, taking into consideration the severity of the incident, the number of times the student has been referred to the conduct system, etc. The following sanctions may be imposed by the College for general misconduct:
Board policy 721.6 STUDENT DISCIPLINARY SANCTIONS
Umpqua Community College will discipline students in accordance with UCC policy, and state and federal law. Sanctions will be imposed as outlined below. In keeping with the educational purposes of the college, disciplinary actions other than those requiring expulsion are intended to be remedial rather than punitive. In recommending or determining a sanction for misconduct, all relevant factors will be considered, including the nature of the offense, the severity of any damage, injury or harm resulting from the offense, and the student’s past disciplinary record, if any.
1. Immediate Disciplinary Sanctions
The following are immediate disciplinary sanctions which may be applied prior to a formal review of the charges through a hearing.
A. Disciplinary Admonition and Warning
Verbal notice by a faculty member or college official 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 by the Dean of Student Services.
B. Temporary Exclusion
A faculty member or college official may 1) exclude a student from up to two (2) class/lab meetings no matter the length or type of class/lab or 2) exclude a student from using specific campus services for up to two college business days when the student is disrupting the class sufficiently to hinder effective instruction or when a student’s behavior is disruptive to the educational environment, or when the health and safety of the instructor(s), student(s), or employee(s) appears to be in jeopardy. The faculty member or college official will meet with the student to inform the student of the cause for the exclusion and allow the student to present his or her side of the matter. The responsible faculty member or college official will write a report of the incident for the supervisor of the division or unit and the Dean of Student Services within twelve (12) hours of the incident. During temporary class exclusion, the student will be provided a means of obtaining assignments, presenting assignments to the faculty member, completing projects and/or taking examinations without penalty. A temporary exclusion will become effective immediately upon verbal notice to the student.
C. Summary Exclusion
In certain circumstances, the Dean of Student Services may impose an exclusion sanction, whereby a student is excluded from classes or activities during the course of an academic term, for the remainder of the term pending a hearing before a hearings panel and imposition of formal sanctions. In such a case, a student’s health, behavior or other actions are so serious that the continued presence of the student in the college community represents a serious and immediate threat to the health, welfare and safety of the college community and to the ongoing educational activities of the college. The student is subject to exclusion to ensure the: student’s own physical and emotional safety and wellbeing; safety and well-being of member of the college community; preservation of college property and; stability and continuance of normal College operations and functions. The determination of the seriousness of the act(s) shall be the sole discretion of the Dean of Student Services.
Prior to imposing a summary exclusion, the Dean of Student Services will meet with the student, unless it can be shown that such a meeting is impossible or unreasonably difficult to afford. During the meeting, the Dean of Student Services will confer with the student and provide the student with an opportunity to explain his or her behavior. If, after hearing the student’s statement or following a determination that a meeting with the student is impossible or unreasonably difficult to afford, the Dean of Student Services determines that implementation of the summary exclusion is warranted, the student will be provided with a written notice of the exclusion. A summary exclusion will become effective immediately upon the written notice being delivered to the student.
A summary exclusion is a temporary action that will be enforced and shall be in effect only until such time as a formal disciplinary hearing and resulting decision making process has been completed. Determination of continuing exclusion (or formal suspension) or expulsion will be made through the formal hearing process.
Summary suspension may not be appealed prior to the required formal discipline hearing.
2. Disciplinary Sanctions
The following are sanctions, which may be applied after a formal review of the charges through a hearing. Disciplinary sanctions may also include supplemental sanctions, which are noted in section F.
A. Disciplinary Admonition and Warning
A verbal 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 by the Dean of Student Services
B. Disciplinary Reprimand
A written notice by the Dean of Student Services that a student’s conduct in a specific instance is in violation of the college standards and that continued misconduct may result in more serious disciplinary action by the Dean of Student Services.
C. Disciplinary Probation
A written notice by the Dean of Student Services that a student may continue to be enrolled under stated conditions. Probation is for a fixed period of time up to one year and includes the probability of more severe disciplinary sanctions if the student is found to be violating any college policy, regulation or Student Code of Conduct during the probationary period. Disciplinary probation may include defining specific behaviors that the student must follow to remain a part of the college community.
The Dean of Student Services may suspend a student for a fixed period of time up to one year. As a condition for readmission to activities, classes or the college, the student shall be required to meet with the Dean of Student Services prior to being allowed to participate at the college after the suspension period has expired. Suspension means imposition of one or more of the following penalties:
- Suspension of student status for a defined period of time, after which the student is eligible to return. The separated student is not to occupy any portion of the campus, including off-campus centers and is denied all college privileges including class attendance.
- Exclusion from one or more classes for a defined period of time. The student may attend classes from which he or she was not suspended, participate in activities and occupy campus facilities.
- Exclusion from one or more activities for a defined period of time. The student may participate in activities from which he or she was not suspended, attend classes and occupy campus facilities.
- Exclusion from classes and activities for a defined period of time. The student may occupy campus facilities.
A permanent termination of student status and permanent separation of the student from the college. Readmission to the college and reinstatement of privileges is contingent upon the student demonstrating that he/she has meet all conditions required of him/her before being readmitted. A written request for readmission must be submitted to the Dean of Student Services.
F. Supplemental Sanctions
The Dean of Student Services may impose additional sanctions or requirements as a part of disciplinary probation. The imposition of such sanctions must be related to the nature of the violation. The following are examples of supplemental sanctions:
- Restitution or reimbursement for damage to, or misappropriation of property which may take the form of monetary or material replacement or appropriate service to repair or otherwise compensate for damages. Restitution may be imposed in combination with any other penalty.
- Work assignments.
- Service to the college or community or other related discretionary assignments.
- Educational activities and/or training.
- Decision-making skills workshops/peer education, written responses to posed questions.
- Mandatory counseling or therapy.
- Revocation of degree, holding transcripts, removal from courses.
- Loss of institutional grants, scholarships, and/or merit awards.
- Loss of privileges or denial of specified privileges for a designated period of time up to an academic year.
- Exclusion from campus or a portion thereof (which may result in the filing of a trespass complaint with the Douglas County Sheriff’s office if violated).
G. Referral to Outside Authorities
If a student is in violation of federal and state laws on campus, or at college-sponsored activities, it is the practice of the College to report offenses to local law enforcement agencies for prosecution. The College reserves the right to discipline a student even if no action is taken by the local law enforcement agency.
Other sanctions to consider
- Disciplinary probation
- Suspension/termination/eviction from housing facilities
- Referral to an appropriate drug/alcohol treatment program
- Referral to law enforcement agencies
- Any other action considered necessary by college officials