- References: Drug Free Schools and Communities Act Amendment of 1989; 20 U.S. Code Sections 1011i; 1091(r); 1092(f)(1)(H); 1092(k); 34 Code of Federal Regulations 86.1 et seq.; Federal Drug-Free Workplace Act of 1988, 41 U.S. Code Sections 8101-8106; California Drug-Free Workplace Act, Cal. Gov. Code 8355; California Business & Professions Code Section 25608(a)
The District is committed to providing its employees and students with a drug free workplace and campus environment. The District's drug-free commitment emphasizes prevention and intervention through education. The goal is to empower students and employees to make informed decisions about substance use and abuse to allow each to be healthy and productive and maximize each person's potential.
The President/Superintendent shall assure that the District distributes annually to each student the information required by law and complies with other legal requirements.
The District prohibits the unlawful possession, use, sale, or distribution of illicit drugs and alcohol by students and employees on the District's property or as part of any of the District's activities, including but not limited to field trips, activities or workshops.
The unlawful manufacture, distribution, sale, dispensing, possession or use of alcohol or any controlled substance is prohibited on District property, during District-sponsored field trips, activities or workshops, and in any facility or vehicle operated by the District. Under Business & Professions Code Section 25608(a), any person who possesses, consumes, sells, gives, or delivers to any other person, any alcoholic beverage in or on any public building, campus, or any of the District grounds is guilty of a misdemeanor, except as provided for in AP 3560, Alcoholic Beverages, or except as expressly authorized by Business & Professions Code Section 25608. As a condition of employment, each employee is required to comply with these requirements.
Every person who consumes any alcoholic beverage must be at a minimum, 21 years of age. Ohlone will enforce the prohibition of underage drinking and the prohibition of unlawful drugs.
Consequences for Violations
Violation of this prohibition will result in the District taking appropriate action and imposing applicable legal sanctions under local, State, or Federal law for unlawful possession or distribution of illicit drugs 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 law enforcement 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.
The health risks associated with the use of illicit drugs and the abuse of alcohol include:
- Death including by alcohol poisoning or drug overdose,
- Risk of addiction and withdrawal symptoms including pain, convulsions and depression,
- Liver, heart, kidney, pancreas, and brain damage and/or loss of brain cells,
- Impaired judgment and resulting safety and health risks including accidents, unwanted pregnancies or sexually transmitted diseases, and aggressive or violent behavior,
- Impaired performance including drowsiness, impaired memory, and impaired concentration,
- Sexual dysfunctions,
- Harm to a fetus, including spontaneous abortions, premature labor, and detached placentas,
- Psychological problems including depression, anxiety, paranoia, panic reactions, psychosis and hallucinations,
- Strokes, cardiac arrest or cardiovascular problems,
- Lung damage or illnesses, bronchitis, or respiratory arrest, and
- Needle-related illnesses and complications such as hepatitis, HIV, muscle and nervous tissue death necessitating limb amputation, and infections.
Employee Notification of Workplace Criminal Drug Statute Violation
As a condition of employment, employees must notify the District within five days of any conviction for violating a criminal drug statute while in the workplace. The District is required to inform any agencies that require this drug-free policy within ten days after receiving notice of a workplace drug conviction. An employee who is convicted will receive discipline from Ohlone and/or Ohlone will require satisfactory participation in a drug abuse assistance or rehabilitation program.
Assistance, Resources and Referrals
Drug or alcohol counseling, treatment, or rehabilitation or re-entry programs or referrals are available to employees or students. The district provides confidential referrals through an Employee Assistance Program (EAP) for employees and their families needing assistance with drug or alcohol abuse. Please contact Shairon Zingsheim, Associate Vice President, Human Resources for more information or visit the Human Resources website for information on contacting CONCERN EAP. Students should contact the Student Health Center or the Vice President of Student Services, Dr. Ron Travenick, for resources or for assistance. The Student Health Center also provides counseling, alcohol and drug abuse education information, and resources for students. For further information, please contact Sally Bratton or other staff at the Student Health Center (Building 7, (510) 659- 6258) or visit: www.alcoholscreening.org/