Policies & Procedures Manual

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terms of this policy, and employees engaging in such prohibited activities are subject to a review of their employment status.

Disciplinary Action Against an Employee

If an employee is found to be engaged in any of the prohibited activities as described above or any criminal statute concerning the possession, sale, or use of illegal drugs or substances, the College will initiate disciplinary action against the employee which may include referral to law enforcement authorities and/or termination proceedings, even for a first offense, as outlined in Policy No. 744, EMPLOYEE PROGRESSIVE DISCIPLINE in the Policies and Procedures Manual. In the event of or on the basis of a violation of the College’s drug free workplace policy and/or a positive confirmed drug and/or alcohol test result, the College may, in its sole discretion, take any of the following actions: a. Immediate suspension of the employee, with or without pay; b. Immediate dismissal of the employee; or c. Any other disciplinary action on such terms as may be determined appropriate by the College, including but not limited to, routine drug and alcohol testing. An employee who is convicted of a drug-related offense under any federal, state, or local drug statute for a violation occurring on College property, in a College vehicle, and/or at any other time or activity at which an employee is representing ECCC in an official capacity will notify the President within five (5) days of any such conviction. Failure to provide such notification will also constitute grounds for disciplinary action. As stated above, an employee with such a conviction will be subject to disciplinary action. Upon notification by an employee of a conviction under the provisions of this policy, or after receiving actual notice of such, the President will notify the U. S. Department of Education within ten (10) days. The address to use is: Within 30 days of receiving notice of a conviction under this policy, the institution will take one of the following actions with respect to the employee so convicted: a. Take appropriate personnel action against the employee, up to and including termination, as described above, or b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Due process under this policy will follow the procedures outlined in Policy No. 711, CONTRACTED EMPLOYEE DUE PROCESS PROCEDURES FOR ADVERSE EMPLOYMENT ACTIONS or Policy No. 712, NON-CONTRACTED EMPLOYEE DUE PROCESS PROCEDURES FOR ADVERSE EMPLOYMENT ACTIONS. U.S. Department of Education Program Administration Section Campus-Based Programs Branch/DPOS ROB-3, Room 4651 Washington, D. C. 20202-5453