Introduction

Linn-Benton Community College is legally required and ethically committed to the prevention of illegal drug use and the abuse of alcohol by both students and employees. Drug and alcohol abuse is a significant public health problem, affecting our level of general health, performance, and productivity. In addition, the use of drugs can adversely affect an organization’s level of safety as well as its public confidence and trust. And lastly, with reference to The Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226),

"...No institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless it certifies to the Secretary that it has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees..."

In brief, this document has been developed by LBCC to comply with the current federal law and to educate and inform its students and employees of the health risks, counseling and treatment resources, and sanctions for noncompliance. Linn-Benton will biennially review this program to determine its effectiveness and implement changes if needed and to ensure the sanctions required are consistently enforced.

 

 

Standards of Conduct

Students

The LBCC Students’ Rights, Responsibilities and Conduct Code (AR 7030-01) prohibits the following behaviors under the standards of student conduct:

• Alcohol. Unlawful use, possession or distribution of alcoholic beverages. Public intoxication, possession or use while on College property or at events except as expressly permitted by College policies. Disruptive behavior or other Code violations due to alcohol intoxication.
• Drugs. Unlawful possession or distribution of unlawful drugs, or narcotics to those for whom they are not prescribed, except as expressly permitted by College policy. The unlawful underage use of any substance and/or the non-prescription use of a prescription substance is not permitted. Being impaired by the use of any non-prescribed substance is not permitted. Impairment shall be evidenced by inappropriate behavior.
• Marijuana. Marijuana possession and/or use on campus is prohibited in all locations.
• Smoking and Tobacco Use. Smoking, vaping, chewing tobacco, or the use of other inhalants or tobacco products in any unauthorized location or by any person under the age of 21. Authorized locations are the smoking/vaping shelters only. Any attempts to purchase or distribute smoking or inhalant products that are unlawful (example, distribution to persons under 21). See Administrative Rule 5045-02.

In addition, no student regardless of age may use, possess or distribute alcoholic beverages or controlled substances when traveling with LBCC to any college-sponsored trip, activity, or other event, during the entire course of travel.

Participating in some programs may require a criminal background check or drug/alcohol testing. LBCC and its partners reserve the right to perform criminal background checks and/or drug/alcohol tests for programs that involve placement contact with vulnerable populations or when mandated by external agencies in accordance with employers and in accordance with state and federal law. Examples may include, but are not limited, to cooperative education, service learning and child care.

Employees

The Board of Education seeks to ensure compliance with the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act Amendments of 1989 (Public Law 101-226). It is also the goal of the board that the college intentionally promotes the highest quality educational experience for students by utilizing a workforce whose performance is not impeded by the use of drugs or alcohol.

LBCC specifically prohibits the use, distribution or possession of alcohol, illegal drugs or other unauthorized controlled substances while engaged in work duties on campus (including parking areas and grounds). This prohibition includes the use of such substances during non-work time (such as personal meal/break time) or while otherwise performing their work duties away from college premises, if such use may result in job impairment.

This prohibition also applies to employees traveling overnight for college related functions who may be called upon or responsible for student related services, as impairment may inhibit service quality and may cause potential liability under the college’s liability and workers’ compensation insurance policies. Included within this prohibition are lawful controlled substances which have been illegally or improperly obtained.

Drugs and alcohol are not allowed on campus or at college-related functions except as they relate to the teaching/learning process, or as specifically allowed and sanctioned by Administrative Rule 5045-01- Use of College Facilities and Food/Conference Services.

All employees and/or sponsors of any on-campus or College-sponsored activity or social event at which alcoholic beverages are served must abide by all applicable laws and college Administrative Rules that may apply. Sponsors must obtain and follow applicable procedures.

 

 

LBCC Sanctions

Students

The Students’ Rights, Responsibilities and Conduct Code outlines the procedures the college will follow for students who violate either the drug or alcohol policies. These procedures provide for due process for students. Those found responsible for misconduct may be subject to the following disciplinary actions:

• disciplinary warning (notice that a student’s conduct in a specific instance does not meet college standards and that continued misconduct may result in more serious disciplinary action);
• disciplinary probation (written notice that the student found in violation of the college standards may continue to be enrolled under stated conditions);
• other educational activities sanctions to provide opportunities for students to learn about alcohol and other drugs and reflect on their own behavior;
• temporary exclusion (exclusion from classes or activities for up to two class meetings or longer);
• suspension (suspension for a fixed period of time which may include forfeiture of the right to enter the campus, exclusion from one or more classes, or exclusion from classes and/or activities; and
• expulsion (termination of student status as set forth in the Notice of Expulsion by the College President).

Further supplemental sanctions may be imposed which clearly address the issues involved in the misconduct.

Employees

The College encourages employees who use illegal drugs or who abuse alcohol to seek appropriate assistance. Employees and/or dependents enrolled in any LBCC sponsored group health plan receive benefits for treatment of drug and alcohol abuse as mandated by Oregon statutes.

As outlined in Administrative Rule 6135-01, Drug Free Workplace, the college reserves the right to request drug or alcohol testing if there is reasonable suspicion that an employee may be either using or under the influence of drugs and/or alcohol while on the job. In addition, any employee involved in or otherwise causing a job-related accident which causes personal injury to the employee, students, staff or others, that requires medical treatment by a physician or by hospital/clinic medical personnel, and whose behavior may have caused or contributed to the accident, may be required to take an alcohol and/or drug test immediately following the accident or at the time of initial treatment by a medical care facility. Any employee involved in or otherwise causing an accident resulting in what LBCC deems substantial damage to LBCC property or to another's property while the employee is conducting College business may be required to take an alcohol and/or drug test. Also, "near miss" incidents, where there is no personal or physical damage or injuries may be evaluated and LBCC will decide as to whether or not to test for drugs or alcohol for any or all employees involved.

Based on the facts leading to the discovery of a violation of this administrative rule, employees may be referred to the Employee Assistance Program for further evaluation and treatment and/or may face disciplinary action up to and including suspension (without pay) or discharge. The nature and severity of the violation will determine the level of corrective action. As required by federal law, the College reserves the right to refer employees for prosecution depending on the severity of the violation.

Linn-Benton Community College responds to cases of alcohol abuse and illegal drug activity by employees or students on a case-by-case basis. Details of each case are taken into consideration along with the outcome of any legal action against the individual. Employees and students found to be in violation of the College’s Drug Free Workplace Policy and or Administrative Rule may be subject to conduct or disciplinary sanctions consistent with Linn-Benton Community College Administrative Rules and the Students’ Rights, Responsibilities and Conduct Code document.

Sanctions imposed by the College can range from a warning or disciplinary action up to and including termination of employment or suspension from school. Other potential sanctions may include employment or academic probation, restrictions, attendance in an educational program, or referral to counseling or treatment.

LBCC employees and students who violate drug laws are subject to prosecution in the courts. Additionally, the law requires the College to report to the United States Department of Education any recipient of federal financial aid (e.g., Pell Grants, etc.) who is convicted of a drug-related crime on college property or at college events.

 

 

Health Risks Associated With the Use of Illegal Drugs

Depressants

Depressants include alcohol, tranquilizers and benzodiazepines such as Xanax or Valium. They can cause:

Inhalants

Inhalants include glue, nitrous oxide and aerosol sprays. They can cause:

Anabolic Steroids

Steroid use can cause:

Revised 2018 In Compliance with Public Law 101-226 (Credits to Chemeketa Community College).

 

 

Applicable Legal Sanctions Under Local, State and Federal Law for Unlawful Possession, Use, or Distribution of Illegal Drugs and Alcohol

The following chart lists the penalties in general for possession of key drugs according to the Federal Drug Schedules: 

Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)

For the substances/schedules and amounts:

• Cocaine (Schedule II): 500-4999 g mixture
• Cocaine Base (Schedule II): 28-279 g mixture
• Fentanyl (Schedule IV): 40-399 g mixture
• Fentanyl Analogue (Schedule I): 10-99 g mixture
• Heroin (Schedule I): 100-999 g mixture
• LSD (Schedule I): 1-9 g mixture
• Methamphetamine (Schedule II): 5-49 g pure or 50-499 g mixture
• PCP (Schedule II): 10-99 g pure or 100-999 gm mixture

The penalties are:

• First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
• Second Offense: Not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.

For the substances/schedules and larger amounts:

• Cocaine (Schedule II): 5 kgs or more mixture
• Cocaine Base (Schedule II): 280 g or more mixture
• Fentanyl (Schedule IV): 400 g or more mixture
• Fentanyl Analogue (Schedule I): 100 g or more mixture
• Heroin (Schedule I): 1 kg or more mixture
• LSD (Schedule I): 10 g or more mixture
• Methamphetamine (Schedule II): 50 g more pure or 500 g or more mixture
• PCP (Schedule II): 100 g or more pure or 1 kg or more mixture

The penalties are:

• First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual
• Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
• 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

For the substances/schedules and amounts:

• Other Schedule I and II Substances (and any substance product containing Gamma Hydroxybutyric Acid): any amount
• Flunitrazepam (Schedule I): 1 g

The penalties are:

• First Offense: Not more than 20 years. If death or serious injury, not less than 20 years, or more than life. Fine $1 million if an individual, $5 million if not an individual.
• Second Offense: Not more than 30 years. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual.

For Other Schedule III Substances in any amount, the penalties are:

• First Offense: Not more than 10 years. If death or serious bodily injury, not more than 15 years. Fine not more than $500,000 if an individual, $2.5 million if not an individual.
• Second Offense: Not more than 20 years. If death or serious bodily injury, not more than 30 years. Fine not more than $1 million if an individual, $5 million if not an individual.

For Other Schedule IV Substances (except for 1 g or more of Flunitrazepam) in any amount, the penalties are:

• First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
• Second Offense: Not more than 10 years. Fine not more than $500,000 if an individual, $2 million if not an individual.

For All Schedule V Substances in any amount, the penalties are:

• First Offense: Not more than 1 year. Fine not more than $100,000 if an individual, $250,000 if not an individual.
• Second Offense: Not more than 4 years. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Marijuana Penalties

Marijuana is a controlled substance and may not be used or possessed on college property.  LBCC Administrative Rule 6135-01, states that "based on the facts leading to the discovery of a violation of this administrative rule, employees may be referred to the Employee Assistance Program for further evaluation and treatment and/or may face disciplinary action up to and including suspension or discharge. The nature and severity of the violation will determine the level of corrective action. As required by federal law, the College reserves the right to refer employees for prosecution depending on the severity of the violation. In addition to any disciplinary action that may be taken against individuals, any College-sponsored or College-supported groups that condone or encourage violations of this policy may be subject to discipline and possibly dissolution."

Alcohol Penalties

Alcohol is an illegal drug for those under 21 years of age. For drivers under 18, ANY detectable amount of alcohol is grounds for losing their license until they are 18. Misrepresenting one’s age for the purpose of obtaining alcoholic beverages is a Class C Misdemeanor. There are many more laws pertaining to alcohol and other drugs. A criminal conviction may bar a student from their chosen career path or an employee from successful employment with the college.

 

 

Programs Available to Assist Students and Employees

Students

The Advising Center.

Employees

LBCC provides an Employee Assistance Program (EAP), Canopy (use access code OEBB), available to all employees. All contact with EAP is confidential. Each employee and their dependents are allowed eight visits per year at no cost for appraisal, limited counseling, and/or referral. 24-hour emergency counseling is available by phone. Call 1-800-433-2320. Please take a look at the Canopy EAP flyer.

Other Resources

Substance Abuse

• Al-Anon (Linn and Benton Counties). Call 541-224-6651.
• Alcoholics Anonymous (Mid-Willamette Valley). Call 541-220-3111.
• Benton County Alcohol and Drug Treatment Program. Call 800-232-7192.
• Benton County Mental Health (weekdays). Call 541-766-6835.
• Community Outreach. Call 541-758-3000.
• Emergence Addiction and Mental Health Services. Albany: 541-967-6597.
• Linn County Alcohol, Other Drugs, and Problem Gambling Program. Albany/Corvallis: 541-967-3819. Lebanon: 541-451-5932. Sweet Home: 541-367-3888
• Samaritan Treatment and Recovery Services Outpatient. Call 541-451-6388.

Other Treatment Facilities

• ACME Counseling. 541-286-4010.
• Discovery Counseling Inc. Call 541-752-2703.
• Milestones Family Recovery Program. Women’s Residential: 541-753-2230. Men’s Residential: 541-753-7801. Women’s Outpatient: 541-286-4489.
• New Beginnings. Call 541-766-3540.
• Serenity Lane. Call 541-928-9681 or 541-291-5647.
• Teen Challenge, Inc. of Oregon (Willamette Valley). Call 541-491-1002.
  
  

Emergency Hotlines

Substance Abuse Helplines

• SAMHSA Drug and Alcohol Abuse Hotline. Call 1-800-622-HELP (4357). TTD 1-800-487-4889.
• Narcotics Anonymous Help Line. Call 1-877-233-4287.

Mental Health Crisis Hotlines

• Benton County Mental Health Crisis Line. Call 1-888-232-7192.
• Linn County Mental Health Crisis Line. Call 800-304-7468 or 541-967-3866.
• Suicide Prevention Line. Call or text 988.
• Crisis Text Line. Text OREGON to 741741 for 24/7, confidential, free crisis counseling.
• Veteran Crisis Line. 988 press 1 or text at 838255.
  
  

Medical

• Benton County Health Services
• Linn County Health Services
• FACT Oregon. Call or text 503-786-6082 or 541-695-5416. Email support@factoregon.org or apoyo@factoregon.org.
• 211 info. Call 24/7 211.

 

 

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