Salish Kootenai College is committed to The Drug Free Work Place Act of 1988 (DFWA), which requires the College to maintain a drug free workplace.
I. It is unlawful for employees and students to manufacture, distribute, disperse, be in possession of, or use a controlled substance on the SKC campus. College classes away from the main campus and college-sponsored activities are also considered to be covered by the DFWA act.
Employees must notify the President within five days “of any criminal drug statute conviction for a violation occurring in the work place”. The President will notify the appropriate funding agency of any employee convicted of drug activity at the work place within ten (10) days of receiving such notice from the employee. Any violation of this policy may result in disciplinary action up to and including termination. The employee, if not terminated, will be required to participate and satisfactorily complete a drug abuse assistance or rehabilitation program approved by Tribal Health, or an appropriate agency. The cost of such assistance or rehabilitation will be the responsibility of the said employee. If said employee is not under suspension, he/she may use sick leave or annual leave if necessary.
Any violation of this policy may result in disciplinary action up to and including termination. At the discretion of the College, an employee violating this policy may be required to satisfactorily complete a drug abuse assistance or rehabilitation program approved by Tribal Health or an appropriate agency as a condition of continued employment. The cost of such assistance or rehabilitation will be the responsibility of said employee. If said employee is not under suspension, the employee may use sick leave or annual leave.
All SKC employees and students will receive annual written notice of the College’s Drug and Alcohol Policies. The Annual Notice will comply with the Drug-Free Schools and Campuses regulations. The Human Resources Department will provide written notice to all new employees upon hire. New students will receive written notice at the beginning of the academic term for which they enroll. Record of the annual notification will be maintained by the Human Resources Department.
IV. Education and Resources
Employees and students will be provided with annual education regarding SKC’s Drug and Alcohol Policies, legal sanctions and health risks associated with the use of illicit drugs and abuse of alcohol, and on- and off-campus programs available to students and employees. Available resources include the Employee Assistance Program (EAP); information about the EAP may be obtained from the SKC Human Resources Department.
V. Legal Sanctions
Any college employee found possessing, manufacturing or distributing controlled and/or illicit substances or unlawfully possessing or attempting to possess alcohol or driving a motor vehicle while under the influence is violating SKC Policy and state and federal laws. It is unlawful to purchase or otherwise provide alcohol to a minor.
Federal law prohibits, among other things, the manufacturing, distributing, selling, and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971. Legal sanctions for possession, use, or distribution of illegal drugs include the following:
A. Denial of Federal Benefits
21 U.S.C. 862
A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
B. Forfeiture of Personal Property and Real Estate
21 U.S.C. 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.
C. Federal Drug Trafficking Penalties
21 U.S.C. 841
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. Penalties for subsequent convictions are twice as severe.
If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces a 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 U.S.C. 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 one year.
D. Federal Drug Possession Penalties
Persons convicted on federal charges of possessing any controlled substance face penalties of up to one 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 two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.
VI. Biennial Review
SKC will conduct a biannual review of the College’s policies and programs to evaluate their effectiveness and determine changes if needed to increase effectiveness. The most recent biannual review will be posted on the SKC website.
Reference: Safe and Drug-Free Schools and Communities, 20 USC 7101 et seq.
Drug-Free Workplace: 41 USC 8102.
Adopted: Policy has been in place prior to Sept. 2003
Revised: 8/21/13; 12/18/2020