Drug and Alcohol

Policy Type: 
Employment

I. Drug and Alcohol Policy

II. Who does this Policy Affect?

This policy applies to all Board of Trustees, faculty, staff, students, vendors, applicants for employment and visitors to Henry Ford College campuses.

III. Purpose:

This policy is designed to maintain a drug-free workplace and learning environment for the health and safety of all members of the Henry Ford College community and to comply with the requirements of local, state and federal laws. Drug and alcohol use or abuse may pose a threat to the health and safety of Henry Ford College students, staff and community members, and to the security of our equipment and facilities. The risks associated with the use or abuse of drugs or alcohol are numerous. These include physical and mental impairment, as well as effects on professional and personal lives. Use or abuse of drugs or alcohol can negatively impact job or academic performance and attendance and can jeopardize continued employment or status as a student or volunteer.

IV. Policy Statement

Henry Ford College is committed to an environment free of drugs and/or alcohol abuse in the workplace and in all learning spaces. This policy is promulgated in compliance with the Drug-Free Workplace Act (41 U.S.C. 701) and the Drug Free Schools and Communities Act (20 U.S.C. 1145g). The College prohibits the unlawful manufacture, distribution, dispensation, possession, sale, transfer, or use of illegal drugs on property owned or controlled by the College or as part of any College sponsored program off campus, unless specifically permitted for work-related social or educational purposes. “Controlled substance” includes legalized recreational marihuana in any form, which is not permitted on campus or at any work-related social or College sponsored events, or for educational purposes.

Community members attending events other than HFC sponsored events (such as Foundation events or other non-College entities) are not prohibited by the Policy from engaging in responsible alcohol consumption.

All employees, including applicants for employment, vendors, faculty and staff shall be advised in writing of this policy when they begin their relationship with the College. The College has an Awareness Program designed to educate employees about this policy, the damages that may result from drug and alcohol abuse in the workplace, the availability of an Employee Assistance Program, and the penalties associated with drug and/or alcohol abuse in the workplace. The Employee Assistance Program provides educational and referral services to employees and is aimed at preventing substance abuse and assisting employees in rehabilitation.

For employees, violation of this policy constitutes grounds for disciplinary action up to and including termination of employment.

For students, disciplinary consequences are set forth in the Student Code of Conduct. Disciplinary action may consist of payment of fines, verbal reprimand, restitution of damages, restriction of privileges, disciplinary probation, suspension, dismissal and/or notation on the student’s record of dismissal or suspension.

No employee, vendor or contractor or student-employee shall operate a College owned motor vehicle, other heavy machinery, or equipment, such as but not limited to snow removal plows, lawn mowing machines or any other such equipment while under any potentially mental or physical altering medication or substance.

Federal contractors are required to comply with the Drug Free Workplace requirement for federal contractors. 41 U.S.C. Sect. 701 et seq.

Within thirty (30) days following receipt of any employee’s alcohol or drug related conviction notice, the College will take appropriate action against the convicted employee up to and including termination. Such action may include required participation in the Employee Assistance Program; however, should the employee refuse participation in or is unable to be rehabilitated, this may be cause for termination. Law enforcement agencies will be contacted when appropriate with respect to confirmed student/employee use, sale, purchase, or possession of illegal drugs on the job.

Any employee who is taking drugs or medication prescribed by the employee's physician which may adversely affect that employee's ability to perform work in a safe or productive manner shall advise the Vice President of Human Resources or the Executive Director of Human Resources of such medication. A physician's statement of the employee's ability to perform may be presented to assist the College in determining whether the employee can remain at work and perform safely in the work environment. When deemed necessary, at the College’s discretion, the College may require the employee to complete a fitness for duty medical examination.

V. Definitions:

A. Controlled Substance: All illegal and legal drugs used without a physician’s order.
B. Covered Substances: This policy covers the following substances:

  1. Alcohol in any form, used for consumption, such as, but not limited to, beer, wine and liquor.

  2. Controlled or illegal drugs or substances (including hallucinogens, barbiturates, depressants, stimulants, cannabinoids, opioids, club drugs, dissociative drugs and any other compounds or drugs whose use, possession, or transfer is restricted or prohibited by law).

  3. Any substance which influences a person in a way that may jeopardize the safety of person or other persons or may hinder the person’s ability or any other person’s ability to perform work responsibilities.

  4. Marihuana means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacturer, salt derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and the marihuana-infused products.

  5. Marihuana-infused products means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

C. Employee: Includes any person who receives compensation from the College and who belongs to one of the following groups: Administration, Faculty, Staff, Contingency, Adjunct, and Student Employees.

D. Contractors or Vendors: Includes any persons or entities doing work for, on behalf of, or in conjunction with the College for any form of compensation, or under grants from the federal government, or for any nonmonetary reward.

E. Student: Anyone who is enrolled in or attends classes at HFC.

F. Process for Drug Testing

  1. Reasonable suspicion of drug or alcohol use or abuse:

    i. The College believes it is the responsibility of all College employees and its students to report prohibited use or abuse of drugs and alcohol.
    ii. Reports may be made to a supervisor, the Student Conduct and Compliance Office, Human Resources, Campus Safety, or the Office of the General Counsel.
    iii. Human Resources must be consulted if a supervisor or others are made aware of work performance or behaviors that may affect the safety of the individual and/or others.

  2. Some of the signs or observations that may indicate substance use or abuse, include, but are not limited to:

    i. Changes in temperament, speech patterns, or coherence.
    ii. Changes in the physical condition, energy level, or appearance.

    iii. Trouble in concentrating on assignments.
    iv. Increase in absences.
    v. Increase in errors of judgment or mistakes.
    vi. Changes in quality or quantity of work.

  3. Steps the College will take once reasonable suspicion of substance use or abuse is detected.

    i. Human Resources will determine what, if any, actions the observed behavior warrants.
    ii. The Executive Director of Human Resources, or designee, may meet with the employee and request the employee submit to a laboratory drug test at a clinic designated by the College. The employee will be asked to sign an agreement to submit to medical review, which may include preliminary tests.
    iii. If an employee refuses to participate in the drug/alcohol test, or fails to successfully complete the testing, the employee’s refusal may result in discipline up to and including termination.
    iv. Interfering or tampering with the test in any way, including use of adulterants, will not be tolerated and will result in disciplinary action, up to and including termination.
    v. If there is any delay in receiving test/laboratory results, the employee will be placed on paid administrative leave until the College receives the test results. The employee must continue to make themself available during normal working hours in the event that the laboratory or Human Resources has additional questions based on the findings. A delay of longer than 48 hours will result in the paid administrative leave being converted to an unpaid administrative leave 48 hours after the test is administered, unless HR determines otherwise.
    vi. If the test results are negative, the employee will be reinstated without loss of pay or benefits.
    vii. If the test results are positive, including an indication of misuse or abuse of prescribed medication, Human Resources will engage in its established disciplinary review process.

  4. Employee Disciplinary actions if there is a violation of this policy.

    i. Employees whose work performance is determined to be impaired as a result of use or abuse of drugs or alcohol (either on or off campus); who illegally use or abuse drugs or alcohol on campus or while on college business; who violate any provisions of this policy or who have been convicted of violating any criminal drug statute or alcohol related offense while on college property or while participating in college-sponsored programs off campus are subject to disciplinary action up to termination of employment and/or referral to law enforcement authorities.
    ii. The Executive Director of Human Resources or designee handles matters that require disciplinary action at the College. The concept of progressive discipline will be utilized in most cases, taking into consideration the severity of the incident, prior disciplinary action, etc. However, unlawful manufacture, distribution, dispensation, possession, sale, transfer or use of alcohol or illegal drugs in the workplace, while on duty or while operating employer-owned vehicles or equipment is considered immediate just cause for termination of employment at the College.

  5. Disciplinary Action to be taken for suspected use or abuse by students:

    i. If a student is suspected of violating the drug and alcohol policy or the Student Code of Conduct (Illegal or Unauthorized Possession/Use of Alcohol and Drugs), the College will perform a Code of Conduct investigation to determine the appropriate course of action. For progressive discipline, see Student Code of Conduct.

  6. Action to be taken for suspected use or abuse by volunteer:

    i. If a volunteer is found to be in violation of this policy, the volunteer will be prohibited from holding future volunteer responsibilities for the College and/or referred to law enforcement authorities.

  7. Guests: Guests who are found in violation of this policy will be asked to leave campus and/or referred to law enforcement authorities.

  8. Action to be taken for refusal of pre-employment drug-screening (if applicable):

    i. Applicants who refuse to participate in drug screening will not be hired or be able to reapply. Applicants who test positive for a controlled substance will not be hired or able to reapply, unless they provide documentation from a licensed physician indicating the medical necessity of the controlled substance.

  9. Action to be taken for crimes involving drugs or alcohol.

    i. Human Resources and the President of the College, or their designees, shall have the responsibility for determining the appropriate course of action for employees who are convicted of drug or alcohol offenses during their employment with the College.

  10. Confidentiality: Information and records relating to test results, drug and alcohol dependencies and legitimate medical explanations shall be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files. Such records and information may be disclosed among managers on a need-to-know basis and may also be disclosed when relevant to a grievance, charge, claim or other legal proceeding initiated by or on behalf of an employee or applicant.

G. Exceptions:

  1. Drugs prescribed by any person licensed to prescribe or dispense controlled substances: Drugs used in accordance with their instructions for medicinal purposes are not prohibited unless they cause drowsiness, or other side effects that may impair a person’s ability to perform responsibilities properly and safely. If a person feels that the side effects of prescription medication may jeopardize their ability to perform responsibilities safely, the person shall consult with their supervisor or Human Resources. In this instance, the person is not required to reveal to the supervisor the underlying medical reason for the prescribed medication or the name of the prescribed medication. The supervisor shall consult with Human Resources to determine appropriate steps if a medication might affect an employee’s job performance.

  2. Recreational Marihuana. Recreational marihuana use, consumption, or possession is prohibited in all forms and usage on College campuses and at College sponsored events.

  3. **Legal Medical Marihuana **or (marijuana) use off campus is not prohibited unless it causes drowsiness, or other side effects that may impair a student, employee or volunteer’s ability to perform responsibilities or participate in the educational programs of the College properly and safely. Use of legal medical marijuana is prohibited by any employee or vendor while operating any College owned motor vehicle, machinery or equipment, including but not limited to, snow removal plows and lawn mowers.

  4. Use of alcohol on campus or during work time (wherever the work is located) is permitted only for work related social or educational purposes and only if it is at a College sanctioned event where alcohol consumption has been authorized. Employees who are involved in accidents in college owned vehicles or sustain workplace injuries for which they seek medical treatment may, upon reasonable suspicion, be subject to drug and alcohol testing.

V. Responsible Party(s) for Administration and Enforcement

Vice President of Human Resources
Executive Director of Human Resources
Vice President of Student Affairs
Office of Campus Safety

VI. Related Documents

Employee Consent to Drug and/or Alcohol Testing

Smoke-Free Campus Policy
https://policies.hfcc.edu/policy/smoke-free

Drug Free Workplace Act 41 U.S.C. 701 et seq
http://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41...

Collective Bargaining Agreements
Student Code of Conduct
https://policies.hfcc.edu/policy/henry-ford-college-1

Standards of Conduct and Civility Policy
https://policies.hfcc.edu/policy/standards-0

College Catalog – https://catalog.hfcc.edu/programs

Consumer Information & Drug and Alcohol Right to Know Notification
https://www.hfcc.edu/files/attachments/hfc_right_to_know_drug_and_alcoho...

Drug and Alcohol Education and Prevention
https://www.hfcc.edu/about-us/consumer/drug-program-plan

Employee Assistance Program
https://www.hfcc.edu/sites/hfcmain/files/eap_flyer_for_employees.pdf

VII. Policy History

a. Policy adopted by Board: Feb. 20, 1995
b. Previous Policy Section(s) Professional Staff and Support Staff; Public Relations
c. Previous Policy No(s).4350 and 9300; 7150 and 7200

Updates/Review:

August 2024 – Added Process for Drug Testing
March, 2022 – Reviewed with no changes
January 14, 2019 - changes approved by Board at School Board Meeting
December 2018 - due to the passage of Proposal 1.
August 14, 2017 - placed in new policy format
This policy supersedes and replaces any and all policies related to this subject

Status: 
Pending Subcommittee Approval