Moraine Valley Community College || Code of Conduct Office || Drug and Alcohol Policies

Drug-Free Schools and Communities Act

Moraine Valley Community College Annual Notification of Drug and Alcohol Policies

As a requirement of the Drug-Free Schools and Communities Act Amendments of 1989 [EDGAR Part 86], Moraine Valley Community College is to disseminate the below policies/information to all students and employees on an annual basis. This notification’s purpose is to serve as a reminder of the standards of conduct relating to drugs and alcohol, the health risks associated with drug and alcohol abuse, the availability of support for those experiencing drug or alcohol problems, the MVCC policies related to the illegal possession, use or distribution of drugs or alcohol, and the internal sanctions and federal and state legal penalties that may result from violations. Questions concerning this policy and/or alcohol and other drug programs, interventions and policies may be directed to the Vice President of Student Development at (708) 974-5308.

Policies — Alcohol and Other Drugs

As an academic community, Moraine Valley Community College is committed to providing an environment in which learning and scholarship can flourish. The possession or use of illegal drugs, or the abuse of those which may otherwise be legally possessed, seriously affects the college environment as well as the individual potential of our students and employees. The college enforces state laws and related college policies.

The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or off-campus), is prohibited by the Code of Student Conduct. The college can, and will, impose disciplinary sanctions for violations. Students are also subject to state and federal laws. A separate policy addresses violations by college employees. See Board Policy 7286.

The college strongly encourages students and employees to voluntarily obtain assistance for dependency or abuse problem before such behavior results in an arrest and/or disciplinary referral, which might result in their separation from the institution.

The use of or addiction to alcohol, marijuana, or controlled substances is not considered an excuse for violations of the Code of Student Conduct or employee expectations and will not be a mitigating factor in the application of appropriate disciplinary sanctions for such violations.

Help is available both on campus and within the community for students and employees who are dependent on or who abuse the use of alcohol or other drugs. The Counseling and Career Development Center, the Employee Assistance Program, and other professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities.

Student Policies and Sanctions

All students who violate the college’s alcohol and drug policies, as defined in the Code of Student Conduct, will face disciplinary sanctions. See table below.

Students whose use of alcohol or drugs results in harm or the threat of harm to themselves or others, or to property, regardless of the location of the incident, may face disciplinary action by the college up to and including expulsion and/or arrest.

Testing for the presences of illegal substances may be a sanction imposed by the college for violations of drug-related policies. In these cases, students will be required to get drug-tested by a medical professional at the student’s expense as often as deemed necessary by the college. The student will be required to submit results of the tests to the appropriate student conduct administrator. Any student whose test results indicate continued drug use may face additional disciplinary action by the college up to and including expulsion.

Commonly Imposed Disciplinary Sanctions For On-Campus Policy Violations

As members of the college community, students are also subject to state and federal law. Arrest and prosecution by the Moraine Valley Police Department for alleged violations of criminal law may result from the same incident for which the college imposes disciplinary sanctions.

Employee Policies and Sanctions

From Board Policy 7286:

The College is committed to maintaining a work place that is free from the effects of drug and alcohol use. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

In accordance with the Federal Drug-Free Work Place Act of 1988, College employees shall not manufacture, distribute, dispense, possess or use illicit drugs, unauthorized prescription drugs, alcohol or controlled substances on the premises of any College building or facility (unless authorized), in College-owned vehicles, or during work hours. Likewise, employees also are prohibited from being under the influence of illegal drugs, controlled substances, unauthorized prescription drugs or alcohol on the premises of any College building or facility (unless authorized), in College-owned vehicles, or during work hours. Compliance with this policy is a condition of employment. Sanctions for violation of this policy extend to and include dismissal and referral for prosecution consistent with applicable local, state and federal law.

This policy does not apply to the lawful use of prescription drugs under the supervision of a licensed healthcare professional and within the limits of a valid prescription. An employee who has been prescribed drugs or who is taking over-the-counter medications that come in containers with warnings about drowsiness or interference with the ability to operate machinery or drive safely, is required, however, to consult with his or her doctor or pharmacist about the medication’s effect on the employee’s ability to perform his or her job safely, and to immediately disclose to his or her supervisor any medication-related work restrictions. Employees should not, however, disclose the type of drugs they have been prescribed or the underlying medical conditions, impairments or disabilities unless specifically directed to do so by their doctors or asked to do so by the College Human Resources Director or his/her Designee.

Pre-Employment Testing
Applicants for any College position may be required to submit to and pass a drug test as a condition of employment, given to applicants with conditional offers of employment. Applicants shall be disqualified from employment with the College for refusal to submit to a required drug test, or for a confirmed positive drug test.

Drug Testing of Employees
It is the policy of the College to conduct drug/alcohol testing where it has a reasonable suspicion that an employee may be under the influence of alcohol, illegal drugs or other controlled substances. In addition, any employee who is reasonably believed to have caused or contributed to an accident which resulted in personal injury requiring medical treatment away from the scene of the accident, or which disabled a piece of equipment or at the discretion of the Supervisor following an accident shall be tested for alcohol, illegal drugs or other controlled substances.

Employees subject to D.O.T. testing shall be tested in accordance with D.O.T. regulations in addition to the testing and discipline provisions of this policy. Refusal to submit to testing will result in disciplinary action, up to and including dismissal.

In the event the employee is so seriously injured that he/she cannot provide a sample of urine or breath at the time of the accident, the employee must provide necessary authorization to the College to obtain hospital records or other documents that would indicate whether or not there was the presence of controlled substances or alcohol in the employee's system at the time of the accident. Failure to comply with the authorization will result in the termination of employment.

As members of the college community, employees are also subject to state and federal law. Arrest and prosecution by the Moraine Valley Police Department for alleged violations of criminal law may result from the same incident for which the college imposes disciplinary sanctions.

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Illinois Sanctions for Violation of Alcohol Control Statutes

235 Illinois Compiled Statutes 5/6-21

1. It is a Class B Misdemeanor to possess or sell alcohol if you are under 21.*
2. It is a Class A Misdemeanor to sell, give, or furnish false ID to an individual 21 years old or under (minimum $500 fine).
3. It is a Class B Misdemeanor to use or possess a false ID if you are under 21.*
4. It is a Class A Misdemeanor to sell, give, or deliver alcohol to individuals under 21 years of age. Local ordinances may also be enforced.

Class A Misdemeanors are punishable with a fine of $1 to $1,000 and up to 1 year in the county jail.

Class B Misdemeanors are punishable with a fine of $1 to $500 and up to six months in the county jail.

• These violations may also result in one's driver's license being administratively revoked or suspended by the Illinois Secretary of State's office.

Illinois Sanctions for Driving Under The Influence

625 Illinois Compiled Statutes 5/11-501

1. If you are convicted of drunk driving or driving while under the influence of drugs, it is a Class A Misdemeanor. Your driver’s license may be suspended or revoked and you will undergo a mandatory counseling program, as well as pay a fine up to $1,000 and serve up to one year in the county jail. For your second offense, you will serve a mandatory jail sentence of 48 hours, or spend 10 days in community service, in addition to the above penalties. Your driver’s license will be suspended indefinitely. For your third offense, or in a situation where great bodily harm or injury has resulted from your conduct, you are guilty of a Class 4 Felony, which could result in a term in the state prison for 1 to 3 years, as well as revocation of your license.
2. If you are convicted of illegal transportation of alcohol in a motor vehicle, you are guilty of a petty offense and will be fined up to $500 and suspension of driver’s license for 3 months.

Class A Misdemeanors are punishable with a fine of $1 to $1,000 and up to 1 year in the county jail.

Class B Misdemeanors are punishable with a fine of $1 to $500 and up to six months in the county jail.

• These violations may also result in one's driver's license being administratively revoked or suspended by the Illinois Secretary of State's office.

Illinois Penalties For Drinking and Driving Under Age 21

Effect on Driving Record
Except during suspension period, violation is not on public driving record as long as there is no subsequent suspension permanently on public driving record.

State of Illinois Statutory Provisions For Illegal Drugs Manufacture or Delivery

Note: Second Offense, double jail sentence and fine. This chart gives examples of the penalties which may be imposed on individuals convicted of drug possession, manufacturing, or delivery.

Marijuana Sale or Delivery (720 Illinois Compiled Statutes 550/5)
Class B Misdemeanor: 2.5 grams or less, $500 fine and/or six months in jail
Class A Misdemeanor: 2.5-10 grams or less, $1,000 fine and/or one year in jail
Class 4 Felony: between 10-30 grams, 1-3 years in jail and/or $10,000 fine
Class 3 Felony: between 30-500 grams, 2-5 years in jail and/or fine not to exceed $50,000
Class 2 Felony: 500 or more grams, 3-7 years in jail and/or fine not to exceed $100,000

Possession (720 Illinois compiled Statutes 550/4)
Class C Misdemeanor: 2.5 grams or less, $500 fine and/or thirty days in jail
Class B Misdemeanor: between 2.5-10 grams, $500 fine and/or six months in jail
Class A Misdemeanor: between 10-30 grams, $1,000 fine and/or one year in jail
Class 4 Felony: between 30-500 grams, 1-3 years in jail and/or $10,000 fine
Class 3 Felony: over 500 grams, 2-5 years in jail and/or fine not to exceed $50,000

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Federal Drug Laws

The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.

Denial of Federal Aid (20 USC 1091)
Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs will have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work study programs, and more. Students convicted of drug possession will be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.

Forfeiture of Personal Property and Real Estate (21 USC 853)
Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.

Federal Drug Trafficking Penalties (21 USC 841)
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.

If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.

Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.

Federal Drug Possession Penalties (21 USC 844)

Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by a minimum fine of $750.

Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than 5 years but not more than 20 years and a fine up to $250,000, or both if:

1. It is a first conviction and the amount of crack possessed exceeds 5 grams;
2. It is a second conviction and the amount of crack possessed exceeds 3 grams;
3. It is a third or subsequent crack conviction and the amount exceeds 1 gram.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

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Counseling and Treatment

The Moraine Valley Community College Counseling and Career Development Center (CCDC) provides educational, career and human development services to students. (708) 974-5722. Students may be referred through the Counseling Center to other treatment programs for more intensive treatment.

The college provides an Employee Assistance Program (EAP) for employees that offers a confidential, cost free referral and assessment service, 24 hours a day, for both employees and their family members. The EAP assists employees in dealing with personal problems including substance abuse, emotional, mental health, family, marital, financial, and legal problems. (From Board Policy 7286)

Resources

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Prevention and Education

The Counseling and Career Development Center and the Moraine Valley Police Department periodically provide educational programs to students on alcohol and drug use.

From time to time during the academic year, the College may sponsor workshops or seminars and may distribute informational materials dealing with the dangers of drug abuse. Employees are encouraged to attend these seminars and to read the informational materials provided. Additional information regarding the dangers and health risks of alcoholic beverages and illegal chemical substances is available in Human Resources, the Counseling Center, and the Library.

As mandated by the Drug-Free Schools and Campuses Act, this policy is distributed to all students and employees on an annual basis, and during every even year, a biennial review of the comprehensive alcohol and other drug program is conducted. For more information concerning current programs, interventions and policies, contact the Vice President of Student Development.

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