Alcohol means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor and mixed beverages.
Controlled Substance means any substance listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of the North Carolina General Statutes. Generally, the term means any drug which has a high potential for abuse and include, but are not limited to heroin, marijuana, cocaine, PCP, GHB, methamphetamines, and crack. This term also includes any drugs that are illegal under federal, state or local laws and legal drugs that have been obtained illegally or without a prescription by a licensed healthcare provider or are not intended for human consumption.
Substance means any substance taken that may cause impairment, including but not limited to bath salts, inhalants, or synthetic herbs.
Conviction means the entry in a court of law or military tribunal of (1) a plea of guilty, nolo contendere, no contest or the equivalent; (2) a verdict of guilty; or (3) a prayer for judgment continued or a deferred prosecution.
Reasonable Suspicion is the legal standard required before the College can require an employee to take a drug or alcohol test. Some of the factors that constitute reasonable suspicion are: a) direct observation of drug or alcohol use or possession; b) direct observation of the physical symptoms of being under the influence of drugs or alcohol; c) impairment of motor functions; d) pattern of abnormal or erratic conduct or behavior; or e) reports from reliable sources or credible sources (anonymous tips may only be considered if they can be independently corroborated).
Blue Ridge Community College does not differentiate between drug users and drug pushers or sellers. Any employee, who possesses, uses, gives, in any way transfers to another person, sells or manufactures a controlled substance while on the job, on College premises, or on official College business, will be subject to disciplinary action, up to and including dismissal.
Each employee is required by law to inform the College within five days after he or she is convicted for violation of any federal or state criminal drug statute where such violations occurred on the College's premises.
The President of the College must notify the federal government agencies granting funds to the College within ten days after receiving actual notice of such a conviction.
If an employee is convicted of violating any criminal drug statute while at the workplace, he or she will be subject to disciplinary action, up to and including termination. Alternatively, the College may require the employee to successfully finish a drug abuse program sponsored by an approved private or governmental institution as a precondition for continued employment.
Employees may be required to be tested for substances, including controlled substances, or alcohol based on individualized, reasonable suspicion. The required observations for reasonable suspicion testing shall be made by a supervisor or other trained official. This section does not apply to law enforcement officers serving the College through the local sheriff’s department. Law enforcement officers must adhere to their normal standards when conducting a search.
All substances, including controlled substances, and alcohol testing shall be administered by a non-College, third party laboratory chosen by the President. The testing shall be performed at the laboratory. A representative from Human Resources and the employee's immediate supervisor will accompany the employee to the testing site utilizing a College vehicle (if available). The chosen laboratory shall use standard testing protocols that will maintain the confidentiality of the employee. All tests shall be reviewed by a medical review officer not affiliated with the College. Employees will have the opportunity to provide any information to the medical center which the employee considers relevant to the test, including identification of currently or recently used prescription or non-prescription drugs. The College shall pay for the initial test. If the employee wishes to dispute the results with a subsequent re-test, the employee shall be responsible for the cost of the re-test.
Pending the results of the testing, (if not instant), the President can suspend the employee on leave with pay. The College must give the employee written notice of positive results and notice of the right to a re-test (at the employee’s expense) pursuant to G.S. 95-232(f). If the results are positive, the supervisor may recommend disciplinary action.