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Drug Free Workplace Act
NOTICE TO EMPLOYEES
Bergen Community College, along with all colleges and universities in the United States, is required by federal law to inform employees of college policy, discipline and legal sanctions, health risks, and resources for assistance as related to alcohol and drug use.
On September 5, 1990 the Bergen Community College Board of Trustees approved the following policy resolution:
“In accordance with Public Law 101-226 Bergen Community College declares that it will endeavor to provide its employees and students with an environment that is free of the problems associated with the unauthorized use and abuse of Alcohol and illicit drugs.
Therefore, Bergen Community College prohibits the unlawful possessions use or distribution of illicit drugs and alcohol on college property or as part of any of its activities. As a matter of policy, Bergen Community College further prohibits the possession or consumption of alcohol on the college campus. Intoxication and/or disorderly conduct resulting from consumption of alcoholic beverages violates college policy.
Local, state and federal laws which apply to unlawful possession, use or distribution of illicit drugs and alcohol will be enforced. Individuals and organization in violation of college policy and regulations are subject to disciplinary sanctions. As appropriate, sanctions may range from verbal warning up to dismissal. Sanctions may also include completion of an appropriate rehabilitation program or referral to appropriate legal authorities for prosecution.
These policies apply to all Bergen Community College employees and students as well as visitors to the College.”
The following document responds to the mandate of the Drug Free Schools and Communities Act Amendments of 1989 (CFR 84 Part 86). You are expected to read this material. If you have any questions or need assistance, you are encouraged to contact the college offices listed within the enclosed document.
EMPLOYEE PROGRAM TO PREVENT ABUSE OF ALCOHOL AND ILLICIT USE OF DRUGS
Bergen Community College is an educational institution committed to maintaining an environment which enables employees to understand the negative consequences of the use of alcohol and the illicit use of drugs on their lives. In accordance with the policy approved by the Board of Trustees of Bergen Community College and in accordance with Public Law 101-226, the College declares that it will make a good faith effort to provide its employees with an environment that is free of the problems associated with the unauthorized use and abuse of alcohol and illegal drugs.
The College is committed to promoting the wellness and positive self-development of its employees. The unauthorized use and abuse of alcohol and the illegal use and abuse of drugs exposes employees to serious illnesses and health risks, and therefore is prohibited.
Standards of Employee Conduct
As a representative of the College, each employee is expected to exercise discretion and act within the limits of decorum and propriety at all times and in all places.
The unauthorized use and abuse of alcohol and the illegal use and abuse of drugs (while on the job or attending College functions either on or off campus) are violations of employee conduct.
Examples of violations which will not be condoned are: (1) jeopardizing one’s own safety or the safety of others, (2) damage or abuse of equipment/facilities, (3) violation of College rules and regulations, (4) violation of local, state or federal laws, and (5) disruption of College programs or activities.
The College reserves the right to proceed with appropriate disciplinary action up to and including termination based upon the seriousness of the violation.
Employees should be aware that alcohol is a central nervous system depressant. As such, it can significantly affect an employee’s job performance and pose a safety risk to the employee’s job performance and pose a safety risk to the employee and others.
The following policy will apply.
The policy on alcoholic beverages prohibits the possession or consumption of alcoholic beverages on the Bergen Community College campus. Violators may be subject to disciplinary action up to and including termination.
Intoxication and/or disorderly conduct will be considered a serious violation of College regulations and may result in disciplinary action up to and including termination.
Employees are required to notify the Vice President/Dean/Director to whom they report of any criminal alcohol-related conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
The possession or sale of illicit drugs is a violation of the law. Bergen Community College will uphold the law and render assistance and support to law enforcement agencies while at the same time rendering assistance to employees when needed or necessary. Bergen Community College’s drug policy is as follows:
Employees of the College are asked to notify the Vice President/Dean/Director to whom they report of any knowledge or evidence directly or indirectly relating to the possession or sale of drugs anywhere on the College campus or at any time during a College-related activity.
The Vice President/Dean/Director shall submit to the College President or her designee all information that she/he has knowledge of regarding the possession, sale or use of drugs on the College campus or during any College-related activity.
Any employee convicted for violation of any criminal drug statute occurring in the workplace must notify the Executive Vice President in writing, of said conviction no later than five (5) days after such conviction. The College is required by the Drug Free Workplace Act to report any conviction for violation of a criminal drug law in its workplace of which it is notified to The Department of Education of the Federal Government within ten (10) days of receiving notice of said conviction. Any employee convicted of a violation of a criminal drug statute occurring in the workplace shall be required to participate satisfactorily in an approved drug abuse assistance rehabilitation program or face disciplinary action which could result in termination.
APPLICABLE LEGAL SANCTIONS – LOCAL, STATE AND FEDERAL LAW
Local, state and federal laws which apply to unlawful possession, use, or distribution of illicit drugs and alcohol will be fully enforced at Bergen Community College.
Examples of penalties for specific offenses are noted below:
FEDERAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE 21 U.S.C. 844(a)
First conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5, 000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
a. First conviction and the amount of crack possessed exceeds 5 grams.
b. Second crack conviction and the amount of crack possessed exceeds 3 grams.
c. Third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
21 U.S.C. 853(a)(2) and 881 (a)(21Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack.)
21 U.S.C. 881(a)(4)
Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.
21 U.S.C. 844a
Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 853a
Denial of Federal benefits such as student loans, grants, contracts and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.
18 U.S.C. 922(g)
Ineligible to receive or purchase a firearm.
Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc. are vested within the authorities of individual Federal agencies.
NEW JERSEY STATE LAWS
Alcohol Use The legal age to purchase and consume alcoholic beverages in the state of New Jersey is twenty-one. (N.J.S.A. 33:1-81)
PURCHASE OF ALCOHOL BY/FOR THE UNDER AGED
An under aged person who purchases or attempts to purchase alcohol, who misstates his/her age, or a person of legal age who purchases alcohol for an under aged person faces a conviction of disorderly person’s offense, which incurs a fine of not less that $100. In addition, the Judge shall revoke a driver’s license for a period of six months or prohibit a person from obtaining a license for six months from the date of conviction of this offense.
TRANSFER OF I. D. (N.J.S.A. 33:1-81.7)
Someone of legal age who gives his/her ID card to an under aged person so that he/she can obtain or purchase alcohol or someone who is under aged and uses another person’s ID card or makes any false statement on such card to obtain alcohol faces a fine of up to $300 or up to 60 days in jail.
OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF INTOXICANTS (N.J.S.A. 39:4-50)
A person is said to be legally drunk in New Jersey if. his/her blood alcohol concentration is at or above 0.10%. A person may also be arrested when his/her blood alcohol concentration is below 0. 10% if the individuals driving ability is considered to be unsafe. In either case, the person is charged with Driving While Intoxicated.
All persons convicted of DWI must pay an insurance surcharge of $1,000 per year for three years; loss of license for 6-12 months.
A first-time offender also faces a possible 30-day jail term, a requirement to spend 12-48 hours in an intoxicated Driver Resource Center, plus a fine of at least $400.
OPEN ALCOHOLIC BEVERAGE CONTAINERS
In the Car (N.J.S.A. 39:4-51a) Anyone found to have an open container holding alcoholic beverages in his/her car faces a fine of $200 for a first offense and a fine of $250 plus 10 days of community service for each subsequent offense.
LIABILITY FOR SERVING ALCOHOLIC BEVERAGES
Based on a 1984 New Jersey Supreme Court decision “Kelly vs Gwinnell”,, a person who serves alcoholic beverages to- a guest, knowing the guest is intoxicated and may be driving, can be held liable if the guest inflicts injuries on another person through a motor vehicle accident.
Controlled Dangerous Substances Act (N.J.S.2C:35)
It is illegal to dispense, distribute or manufacture a controlled dangerous substance. Violation in quantities of less than one-half ounce is a third degree crime with a fine of up to $50,000.
A person who uses or is under the influence of any controlled dangerous substance or possesses drug paraphernalia is defined as a disorderly person, which may carry a penalty of forfeiting the right to drive a motor vehicle in New Jersey for up to two years, and may be placed under supervisory treatment.
LOCAL ORDINANCES – ALCOHOL
The Borough of Paramus has ordinances prohibiting the illegal purchase, sale, distribution, possession and consumption of alcohol. Violations of these ordinances can be punishable by a fine up to $500 or imprisonment for up to 90 days or both.
II. HEALTH RISKS
Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory- depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
Mothers who drink alcohol during pregnancy may give, birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.
Drugs have saved lives, greatly reduced human suffering and improved the quality of life. Sometimes drugs are misused or abused. Psychoactive drugs act on the central nervous system. They may increase activity (stimulants), decrease activity (depressants), or cause hallucinations (hallucinogens) . Every drug has multiple effects that depend on the properties of the drug and the dosage taken. When two or more drugs are taken together or in sequence, their effects may be stronger than their additive sum.
The effects of drug use are highly individualized. Drug use or abuse can affect a person’s physical, emotional and social health. It can cause accidents, illnesses, drug dependence, overdose and even death. It can cause legal problems, and relationship problems. Drug use and abuse can cause serious harm.
Listed below are some common health effects of drug use and abuse. This list should not be construed to be a definitive list of illicit substances or harmful effects.
- Confusion and distortion of time perception
- Increased heart rate
- Short term memory loss
- Loss of motivation
- Damaged lung tissue
- In men, decrease in sex hormones and increase in abnormal sperm
- Tolerance and psychological dependence
- Elevated blood pressure
- Nervousness, panic states
- Acute psychoses
- Painful nosebleeds and nasal erosion
- “Coke Blues”, an intense depression after the high
- Psychological dependence
- Heart attack
- Seizures, coma and death
- In pregnant women, miscarriage or stillbirth
- Loss of coordination
- Psychological and physical dependence
- Seriously impaired driving skills
- *(Especially dangerous when taken in combination with other drugs.)
- Loss of judgment and self-control
- Diminished sex drive and sexual performance
- Physical and psychological dependence
- Infections, including hepatitis
- Overdose can cause convulsions, coma and death
- Panic attacks
- Violent behavior, especially with PCP
- Birth Defects in users’ children
- High dosage can cause convulsions, coma and death
III. Alcohol and Drug Resources and Services
The Department of Human Resources and the Office of Health Services are available to assist Bergen Community College employees with education, information and referral services for alcohol and drugs. This includes a listing of substance abuse programs in the Bergen County area. Counseling is suggested as a first step in acknowledging the presence of a related problem. The Department of Human Resources and the Office of Health Services will assist in making referrals to treatment programs and support employees as they make the transition to outside agencies.
Employees can also contact MAGELLAN BEHAVIORAL HEALTH at 1-800-327-6608, our Employee Assistance Program Contractor, for counseling and referral services.
Students can contact the Health, Wellness, and Personal Counseling Center for a personal counseling appointment and for additional drug and alcohol abuse prevention information at 201-447-9257.