Drug and Alcohol Abuse Prevention Program
Berea College has a vital interest in providing a workplace free from recognized hazards. To maintain a safe environment for all, it is essential that you are not impaired in any way upon arrival at work or during the course of your scheduled work time. Employees are, prohibited from arriving for or being at work in the illegal possession of or under the influence of alcohol or drugs. Failure to adhere to this policy will result in discipline up to and including immediate discharge from employment.
Policy Statement
As required by the Federal Drug-Free and Communities Act Amendments of 1989, and Section 120 of the Higher Education Opportunity Act (HEOA), this will serve as notification to you by Berea College that the following constitute prohibited conduct on Berea College property or at College-sponsored activities:
- unauthorized distribution, possession, or use of any alcohol, controlled substance or illegal drug, as defined and proscribed by federal or state laws and the policies of Berea College;
- providing alcoholic beverages to individuals under 21 years of age, or possession or use of alcoholic beverages by individuals under 21 years of age; or
- unauthorized possession of an open container of an alcoholic beverage, public intoxication, or unauthorized distribution of alcoholic beverages for purposes of distribution.
Please note that faculty or staff residing in College-owned housing may possess and use alcohol for personal use as permitted by Kentucky law. Persons of legal drinking age may purchase and consume alcohol by the drink at Boone Tavern Hotel.
Federal and State laws prohibit the illegal possession or misuse of drugs such as marijuana, barbiturates, amphetamines, prescription tranquilizers, LSD compounds, mescaline, psilocybin, DMT, narcotics (including cocaine), and opiates. Berea College does not condone the illegal possession or use of drugs and cannot and will not protect employees from prosecution under State and Federal laws. In addition, possession on campus of paraphernalia for the use of drugs is a violation of Federal and State laws as well as College regulations and is sufficient reason for disciplinary action against those who are responsible for its presence or allow it in their workplace, vehicles or elsewhere on Berea College property.
Required Reporting for Drug Related Convictions
In addition to imposition of disciplinary sanctions under College procedures, any employee of the College convicted of a criminal drug offense is required by law to notify the College within five (5) days of the conviction, as applicable, under the provisions of the Drug-Free Workplace Act of 1988.
Health Risks Associated with Alcohol and Drug Abuse
The health risks associated with the misuse and abuse of mind-altering drugs, including controlled substances and alcohol, include but are not limited to the following: physical and psychological dependence; damage to the brain, pancreas, kidneys and lungs; high blood pressure, heart attacks and strokes; ulcers; birth defects; a diminished immune system; and death.
Resources for Education and Treatment
The College provides an Employee Assistance Program (EAP) at no cost to employees, providing counseling services to deal with such issues.
Internal Penalties and Sanctions
Berea College has a “zero tolerance” level regarding illegal possession or misuse of drugs or alcohol, or knowingly being in the presence of those who possess or misuse drugs or alcohol. Employees who engage in such activities are subject to disciplinary action up to and including termination of employment. As a condition of employment, each employee of the College agrees to abide by the terms of this statement. Independent of a decision to impose discipline, the College reserves the right to require that an employee who engages in prohibited conduct participate in, and successfully complete, a drug abuse assistance or rehabilitation program.
Kentucky State Laws and Penalties Regarding Alcohol and Other Controlled Substances
The College provides the following information concerning state laws regarding the use, sale, and possession of alcoholic beverages and controlled substances, and also to warn of the serious legal penalties to which employees may be subject if they violate the laws. Please note: the City of Berea and all unincorporated areas of Madison County, Kentucky are “dry territory.”
All references are to the Kentucky Revised Statutes and are subject to change:
KRS 222.202-Alcohol intoxication or drinking alcoholic beverages in a public place.
For the full text of this statute, see http://www.lrc.state.ky.us/KRS/222-00/202.PDF
KRS 244.085-Minors not to purchase liquor or to misrepresent age.
For the full text of this statute, see http://www.lrc.ky.gov/KRS/244-00/085.PDF
KRS 242.230-Traffic in alcoholic beverages in dry county prohibited.
For the full text of this statute, see http://www.lrc.ky.gov/KRS/242-00/230.PDF
KRS 242.250-Distributing, soliciting or receiving contracts or orders in dry territory prohibited.
For the full text of this statute, see http://www.lrc.ky.gov/KRS/242-00/250.PDF
KRS 189A.010-Operating a Motor Vehicle while under the influence of alcohol or other substance which may impair driving ability is prohibited.
For the full text of this statute and applicable penalties, see:
http://www.lrc.ky.gov/KRS/189A-00/010.PDF
KRS Chapter 218A–Definitions, prohibited acts and penalties relating to the possession, use, and trafficking concerning controlled substances and paraphernalia.
For an index and full text of these statutes, see http://www.lrc.ky.gov/KRS/218A00/CHAPTER.HTM
KRS 222.990-Involuntary Treatment for Alcohol and other Drug Abuse.
For the full text of this statute and applicable penalties, see http://www.lrc.ky.gov/KRS/222-00/990.PDF
Federal Laws and Penalties Regarding Drug Trafficking
Federal laws also apply to trafficking in controlled substances. An outline of the penalties for violations of these laws may be found at: http://www.justice.gov/dea/agency/penalties.htm.
Distribution of Policy: Measuring Effectiveness
Annually, Berea College will inform employees of the dangers of drug and alcohol abuse, the existence of this Policy and its penalties for violations, and of available drug and alcohol counseling, rehabilitation and assistance programs through (i) annual electronic notices of this Policy, (ii) dissemination of this Policy and information about resources and assistance regarding drug and alcohol abuse at new-hire orientation. Biennially, the College will review this program to determine effectiveness and to ensure that the College’s disciplinary sanctions are consistently enforced.