DRUG ALCOHOL ABUSE PREVENTION PURPOSES
The Drug-Free Workplace Act which was passed by Congress in 1988 requires federal contractors and grantees to certify the contracting agency that they will provide a drug-free workplace. The Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226) requires institutions of higher education to adopt and implement a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees. This policy is to amend the Policy Declaring a Drug-Free Workplace, adopted by the Northern Oklahoma College Board of Regents July 13, 1989, in order to comply with the statutory directive, Section 1213.
- Controlled Substance – (per Controlled Substance Act, Section 202, I-V, 21 U.S.C. 812) cocaine, marijuana, opiates,amphetamines and any other controlled substance defined in the Act. Note: Use of alcohol in the workplace, and penalties for such, are covered in employment policies.
- Workplace and Campus – Northern Oklahoma College or controlled property or the site for performance of work or instruction.
- Prohibited Workplace and Campus Actions – Unlawful manufacture, distribution, dispensation, possession or use of defined controlled substance.
- Student – Any person enrolled at Northern Oklahoma College, including seminars, workshops and camps.
- Employee – Any person receiving pay through the College payroll system or any volunteer.
- Criminal Drug Statute – A federal or non-federal criminal statute involving the manufacture, distribution, dispensation,use or possession of any controlled substance.
- Conviction – A finding of guilt (including a plea of nolo contendre) or imposition of sentence, or both, by a judicial body determining violations of federal or state criminal drug statutes.
- Vice President or Director – Supervisor, Division Chair, Financial Aid Director or Vice President for Student Affairs .Visitor – any person unaffiliated with the College, such as a vendor or community member.
As set forth in local, state, and federal laws, and the rules and regulations of the College, Northern Oklahoma College prohibits the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees in buildings,facilities, grounds or other property owned and/or controlled by the College or as part of College activities. Northern Oklahoma College will conduct biennial reviews of this policy/program to evaluate its effectiveness. The College will implement changes if needed to insure that disciplinary sanctions are consistently enforced.
Any student or employee of the College who has violated this prohibition shall be subject to disciplinary action including, but not limited to, suspension, expulsion, termination of employment, referral for prosecution and/or completion, at the individual’s expense, of an appropriate rehabilitation program. Any disciplinary action shall betaken in accordance with applicable policies of the College.
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 or 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 use of the drug in question (this, however, is not a factor in a case of simple possession) all affect the sentence. For example, if less than 50 kilograms of marijuana are involved and it is your first offense (no prior convictions), then you are subject to imprisonment of not more than 5 years, a fine of$250,000, or both. If, however, 50-100 kilograms of marijuana are involved instead of less than 50, and all other factors are the same as in the preceding example, you are subject to imprisonment of not more than 20 years, unless death or serious injury results from the marijuana use, then you are subject to not less than 20 years or life, a fine of $1,000,000, or both. While the penalties for simple possession are less severe, the first conviction still carries a sentence of up to a year imprisonment,a fine of at least $1,000 but not more than $100,000, or both. With regard to simple possession, the number of convictions makes both the minimum period of imprisonment and fines greater. Under special provisions for possession of crack, a person may be sentenced to a mandatory term of at least 5 years in prison and not more than 20 years, a fine of $250,000, or both.Starting July 1, 2000, conviction under federal or state law involving the possession or sale of a controlled substance shall make a student ineligible to receive any grant, loan, or work assistance beginning with the date of conviction and ending as follows:(1) conviction for possession of a controlled substance: first offense – 1 year; second offense – 2 years; third offense -indefinite; (2) sale of a controlled substance: first offense – 2 years; second offense – indefinite. Students may regain eligibility earlier than specified by satisfactorily completing a rehabilitation program or other requirement as specified in the regulations.State law provides similar penalties with regard to the simple possession, distribution, or possession with the intent to distribute a controlled dangerous substance. Simple possession of marijuana is a misdemeanor and carries a punishment of up to 1 year in the county jail. A second or subsequent conviction for simple possession of marijuana carries 2-10 years in the state penitentiary. Possession of marijuana with the intent to distribute is a felony and carries a punishment of 2 years to life in the penitentiary and a fine of up to $20,000 for the first conviction. A second or subsequent conviction carries a punishment of 4 years to life in prison and a fine of up to $40,000. Depending upon the quantity involved, a convicted individual could be sentenced under the Oklahoma “Trafficking in Illegal Drugs Act” which provides for much harsher penalties. In addition, the state law, Prevention of Youth Access to Alcohol, became effective July 1, 2006.Minors Consuming and/or In Possession of alcohol or 3.2 beer, the following penalties apply: