4-17: Drug-Free Workplace and Campus Policy

Policy Overview

Santa Fe Community College (SFCC or College) is committed to providing an environment that supports the educational pursuits of its students and promotes the good health and welfare of the college community as a whole. Abuse of alcohol and drugs impairs work and academic performance, poses a threat to the health and safety of the SFCC community and undermines the learning environment. SFCC is committed to maintaining a drug free campus as well as helping students and employees solve drug and alcohol-related problems. SFCC prohibits the possession, use, dispensing, distribution and manufacture of any illegal substance both on campus and at any college-hosted function held off campus property.

Scope and Applicability

This policy applies to all employees of the College and covers all property and facilities owned, used, leased, or controlled by SFCC and any other site where SFCC business is conducted, including motor vehicles. This policy is not intended to supersede or negate any additional requirements imposed on SFCC employees by federal or state law.

If this policy is violated, the Chief Human Resources Officer has the discretion to decide on disciplinary actions, which may be up to and include termination. Alternatively, the Chief Human Resources Officer may require the employee to participate in an approved substance-abuse treatment or rehabilitation program as a condition for continued employment, either alone or in combination with disciplinary action.

Policy Statement

The use of controlled substance abuse in the workplace or while on College business or working while under the influence of drugs or alcohol is prohibited and may result in discipline. Discipline imposed will depend on the severity of the violation and circumstances of the situation. If appropriate, the issue will be reported to local, state and/or federal law enforcement authorities.

SFCC prohibits the possession, use, dispensing, distribution and manufacture of any illegal substance both on campus and at any college-hosted function held off campus property. The unlawful manufacture, distribution, dispensing, possession or unlawful use of a controlled substance or alcohol on SFCC property or as a part of any of its activities by any SFCC employee is strictly prohibited. (The President may make an exception to allow alcohol at a college function by granting prior written consent. All laws relating to the sale, purchase and distribution of alcohol must be observed, including age limits.)

SFCC encourages employees with substance-abuse problems to pursue treatment and rehabilitation. To help overcome substance dependency or addiction, the College encourages counseling and appropriate community referrals for an employee who voluntarily seeks help.

Definitions

1. Controlled Substance is defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C. 812 and implementing regulations, 211 CFR 1308.11-08.15. Controlled substances include but are not limited to, marijuana, hashish, cocaine (including crack), amphetamines, heroin, PCP, hallucinogens, anabolic steroids, certain prescription, and certain controlled substance analogs. Possession, use, sales or trafficking of controlled substances and glues is prohibited and punishable as a crime.
2. Employee is any member of the college workforce: all staff (regular full-time, regular part-time, term, temporary, probationary, sensitive position); all student employees; all faculty (full-time, part-time, adjunct, probationary); all administrators, including interim; all contract employees.
3. Substance abuse is the use of controlled substances as identified in Schedules I through V of the Controlled Substances Act of the United States Code (Title XXI, Chapter 13), where the use is not authorized by law or a valid doctor's prescription. For purposes of this policy, substance abuse also includes the use of controlled substances or alcohol while on working status or on work premises (except as specifically authorized by the College President). An employee is considered to be on working status during hours they are being paid to work and is not on leave, regardless of whether the employee is on or off campus.
4. Under the influence means having a blood alcohol level beyond the level permissible under New Mexico state law for operating a motor vehicle.
5. Illegal Use of Alcohol includes but is not limited to assisting a minor or an intoxicated person to obtain alcohol, selling alcohol without a license, and driving while under the influence. Possession of alcohol is prohibited on all SFCC properties and in SFCC vehicles. (The President may make an exception to allow alcohol at a College function by granting prior written consent. All laws relating to the sale, purchase, and distribution of alcohol must be observed, including age limits).

Policy Process

1. Employee Responsibilities
   1. All SFCC employees have the following responsibilities with respect to substance abuse, use, and the use of medications:
      1. Each employee is responsible for their fitness for duty and for avoiding activities and behavior that could compromise their own safety or the safety of others (SFCC Policy 4-14 Fitness for Duty).
      2. Employees are expected to understand the implications and possible effects and side effects of legal, prescription and non-prescription medication and to take appropriate steps to ensure that they are fit to perform their assigned tasks and responsibilities while under the influence of legal medications.
      3. Employees are strictly prohibited from using illegal substances or using legal substances in a manner inconsistent with the law or responsible use while at work or while in working status. They are also prohibited from working while in any way under the influence of an illegal substance. Nor may they work while using a legal substance that renders the employee unable to perform their job-related duties task safely and competently.
      4. Employees are responsible for working with their physician and, as appropriate, their supervisor to ensure that the legal use of prescription medication can be done in a manner that will not jeopardize the safety of the employee or of others in the workplace.
      5. Employees are responsible for ensuring that they are capable of fully and alertly performing the full range of their assigned duties at all times while in working status. For example, the legal use of alcohol off-site and during off-work hours may still constitute substance abuse for purposes of this policy, if the employee reports to work while still impaired by the adverse effects of alcohol consumption.
      6. Employees are strictly prohibited from possessing illegal substances or any such paraphernalia in the workplace or from engaging in the manufacture or distribution of any illegal substance while at work or on working time.
      7. The unauthorized possession or consumption of alcohol in the workplace or while on work status is strictly prohibited, and employees who consume alcohol off-site and during off-work hours may not report to work under the influence of alcohol.
      8. Employees are strictly prohibited from operating a motor vehicle or any other form of heavy or dangerous equipment while under the influence of alcohol, any prohibited substance, or any legal substance with side effects that reduce the employee’s ability to operate the equipment with optimal safety.
   2. Reporting Legal Drug Use
      1. An employee who has a need to use prescription or non-prescription medication that the employee believes could impact their ability to safely perform the full range of their assigned job responsibilities should advise their supervisor of the need for temporary workplace adjustments. For example, an employee may request that they not be required to operate certain equipment or perform certain tasks while using the medication.
      2. The employee need not disclose the nature of the illness or disability, nor the type of medication involved.
      3. When possible and appropriate, the employee may request that their physician communicate any limitations appropriate for the employee in light of the medication involved.
   3. Alcohol and/or Drug Testing
      1. The College will require an alcohol and/or drug test of an employee, to be administered by a third-party testing facility, when the College has probable cause to believe the employee is under the influence of a controlled substance and/or alcohol.
      2. For the purposes of this policy, “probable cause” shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a Controlled Substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, against the employee.
      3. Employees involved in a vehicle or workplace accident during work hours may be required to comply with post-accident drug and alcohol testing. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, against the employee.
      4. If federal law, state law, regulation, or the requirements of a clinical site require an employee to submit to random drug and/or alcohol tests, the employee will comply.
   4. Temporary Adjustments to Job Requirements
      1. The College may make temporary adjustments to an employee’s job duties when conditions warrant based on a need arising from the legal use of medication.
   5. Prohibition
      1. The unlawful manufacture, distribution, dispensing, possession or use of controlled substances or alcohol on SFCC property or as a part of any of its activities by any member of the SFCC community is strictly prohibited.
   6. Obligation to Report Possible Substance Abuse
      1. An employee who observes another employee who appears to be under the influence of a prohibited substance, or whose behavior and job performance appear to be adversely affected for any reason, should report the situation immediately to their supervisor or to the Campus Safety and Security Office and the Office of Human Resources.
2. Supervisor’s Responsibilities
   1. If a supervisor observes behavior possibly associated with substance abuse, the supervisor should coordinate an appropriate response through the Office of Human Resources.
   2. In acute or emergency situations, the supervisor should be prepared to contact appropriate authorities, including Campus Safety and Security, local law enforcement, and/or medical emergency personnel.
   3. In acute situations, the supervisor should immediately remove the employee from the workplace using emergency leave, and coordinate with Campus Safety and Security and the Office of Human Resources.
   4. If the supervisor observes chronic performance or behavior problems typically associated with substance abuse, such as tardiness, absence patterns, or other physical indicators, the supervisor should discuss the performance issue with the employee. In no case should the supervisor attempt to diagnose the problem as automatically linked to substance abuse, as the problem may stem from other sources.
   5. Emergency Removal from the Workplace
      1. A supervisor may remove an employee from the workplace on an emergency basis pending the resolution of the concern. See the emergency leave provisions in the SFCC Policy 4-2 Employee Corrective Action and Disciplinary Action for detailed procedures.
3. Privacy
   1. An employee has a reasonable expectation that they need not reveal the nature of any medical condition or any prescription medication used for the treatment of a medical condition.
   2. When either the College or the employee believes that temporary adjustments to the employee’s job duties are appropriate based on a medical condition or prescription drug use, the employee and the College will strictly limit the conversation to the nature of the limitations created by the condition or the drug use and will not discuss any information relating to the condition or the drug use and will not discuss any information relation to the condition or the medication itself.
   3. College-owned space is subject to search for prohibited substances at any time, with or without warning.
   4. An employee does not have a reasonable expectation of privacy in their office or other workspace.
   5. An employee who is suspected of abusing alcohol or an illegal substance is subject to referral to an appropriate medical or law enforcement authority for evaluation and/or testing.
   6. Refusal to cooperate with a referral to an appropriate authority may be grounds for corrective or disciplinary action, up to and including termination.
4. Self-Identification of Substance Abuse
   1. SFCC strongly encourages employees who believe that they suffer from any form of substance abuse, dependency, or addiction to seek help from appropriate resources.
   2. An employee who self-identifies a substance abuse concern will not be subject to discipline for seeking assistance or for participating in rehabilitation efforts. However, an employee may be subject to discipline arising from a performance or disciplinary concern due to behavior or performance issues.
5. Issues Identified by Means other than Self-Identification
   1. If an employee’s current substance abuse comes to the attention of the College independently, self-identification is no longer the employee’s option.
   2. An employee who is found to be in active violation of this policy is subject to corrective or disciplinary action, up to and including termination (SFCC Policy 4-2 Employee Corrective Action and Disciplinary Action).
6. Substance Abuse Away from Work
   1. Certain employee conduct outside of work hours or away from the College may still be the basis for corrective or disciplinary action when the conduct brings discredit to the College or casts significant doubt on the employee’s reliability, trustworthiness, or ability to comply safely with work obligations. Examples of such conduct may include a conviction for a criminal act committed by an employee, such as the unlawful or unauthorized use, possession, transfer, distribution, or sale of a controlled substance.

Statement of Accountability and Responsibility

The President, through the Vice President for Strategy and Organizational Effectiveness with the Chief Human Resources Officer and the Office of Human Resources, shall be responsible for enforcing human resources policies and procedures. The Office of Human Resources shall work with the different departments and offices to comply with this policy and to develop procedures that will enforce this policy regarding awareness, prevention, and remediation.

Authority

SFCC Policy 4-2 Employee Corrective Action and Disciplinary Action
SFCC Policy 4-14 Fitness for Duty

APPROVAL

Approved by the Governing Board: 9/28/2006
Revised and SFCC Governing Board Approved: 12/16/2014
Revised and SFCC Governing Board Approved: 2/26/2025