Staff Policy D-505.08
Institutional Effectiveness Criterion: Operations

Alcohol and Illegal Drugs - Regulations

It is the intent of Northwestern Michigan College (NMC) to provide a drug-free workplace and learning environment that is free of illegal drugs and the abuse of alcohol. As evidence of this intent, NMC has adopted and implemented a program to prevent the illegal use of drugs and the abuse of alcohol by students and all employees pursuant to the Drug-Free Schools and Communities Act of 1989. The students, employees and visitors of NMC shall observe all federal, state, and local laws and College regulations governing the use and possession of alcohol and illegal drugs. Except as provided by this policy, all students, employees, and visitors are specifically forbidden to use, possess, distribute, or dispense alcoholic beverages while on College property or violate conditions of laws and regulations pertaining to the use, distribution, dispensation, or possession of a controlled substance.

Northwestern Michigan College (NMC) is committed to providing a campus environment free of the abuse of alcohol and illegal use of alcohol and other drugs. NMC is required by the Drug-Free Schools and Campuses Act Regulations to adopt and implement a program to prevent the illegal use of drugs and the abuse of alcohol by students and employees. The program must contain:

1. standards of conduct prohibiting the unlawful possession, use, or distribution of illegal drugs and alcohol by students and employees on NMC property or as part of any of its activities;
2. disciplinary and legal sanctions under state, federal, or local law for violation;
3. health risks associated with use of illegal drugs and the abuse of alcohol;
4. a description of any available drug or alcohol counseling, treatment, or rehabilitation or re-entry programs; and
5. biennial review of the program.

Consistent with the Drug-Free Workplace Act of 1988, NMC is committed to providing a workplace that is free from the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited on all NMC-owned or controlled property. The College does not make any exceptions to this policy for the use of medical marijuana.

1. Individual Use of Alcohol and Illegal Drugs

1. Employees (See Section III for use of alcohol at NMC-related off-campus events)
   NMC will endeavor to provide a drug-free, healthful, safe, and secure work and learning environment. To promote this goal, employees are required to report to work in an appropriate mental and physical condition to perform their jobs in a satisfactory manner. No employee will report to work evidencing any effects of alcohol or illegal drugs. While on NMC premises and while conducting business-related activities off NMC premises, no employee may use, possess, distribute, sell, or be under the influence of illegal drugs. An employee will be deemed to be under the influence of an illegal drug if it is in his/her system regardless of the quantity or whether it impairs behavior. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively, and in a safe manner that does not endanger himself/herself or other individuals in the workplace. Human Resource procedures for Alcohol and Illegal Drugs (D-744.01) and Reasonable Suspicion (D-744.02) can be found on the Human Resource web site at www.nmc.edu/hr under Policies.
2. Students
   NMC will endeavor to provide a drug-free, healthful, safe, and secure learning environment. To promote this goal, students are required to report to class and College-related functions in an appropriate mental and physical condition. No student will report to class or NMC functions evidencing any effects of alcohol or illegal drug use. While on NMC premises and while attending College-related activities off NMC premises, no student may use, possess, distribute, sell, or be under the influence of illegal drugs. A student will be deemed to be under the influence of an illegal drug if it is in his/her system regardless of the quantity or whether it impairs behavior. The legal use of prescribed drugs is permitted if the student does not endanger himself/herself or other individuals in class or College-related functions. For more information, see the Student Rights and Responsibilities - Student Code of Conduct (student handbook).

2. Alcohol on College-Owned or Controlled Property

It is forbidden to serve, sell or consume alcohol on any campus of Northwestern Michigan College except in licensed facilities or areas specifically designated by the President of the College and this policy.

1. Licensed College Facilities
   The College is authorized by the Michigan Liquor Control Commission (MLCC) to provide licensed beverage services only at specified locations. Cocktails, beer and wine may be sold or served by trained staff to patrons of scheduled events at these licensed facilities. Beverages are provided in conformance and compliance with the requirements of the MLCC and the laws of the State of Michigan. The College is responsible for all alcoholic beverage sales: no alcoholic beverage may otherwise be made available or brought onto the licensed premises. The College reserves the right to withhold alcoholic beverage service to any individual. Licensed facilities have their own rules and procedures concerning the purchase, sale and consumption of alcohol. These rules and procedures are available from the Hagerty Center Director (995-3150) and the Beverage Manager and Great Lakes Campus Purchasing Coordinator (995-1390).
2. Special License to Sell Alcohol, Beer, and Wine
   The President of the College may designate an area on campus for the one-day sale of alcohol, beer and wine by a nonprofit organization holding a valid special license from the MLCC. The one-day function must be designated for the community or the mission of the non-profit organization. The use must be incidental to the nature of the event and served with food and other non-alcoholic beverages. Groups sponsoring an event where alcoholic beverages will be sold shall take responsibility to be fully informed of liability laws, College regulations and any applicable insurance requirements. If the area(s) designated overlap with areas that are controlled by NMC’s liquor license, NMC’s license will be escrowed until the one-day license expires.
3. Use Of Alcohol In Designated Areas on Campus
   Most use of alcohol will occur in licensed facilities. On occasion, the President of the College may designate other areas on campus for the use (not for the sale) of alcohol. Such use is limited to functions primarily designed for specific community groups, staff or the educational needs of special curriculum offerings. The furnishing, possession and/or consumption of alcoholic beverages are permitted only at events properly registered with, and designated in advance by the President of NMC. The use of alcohol must be incidental to the nature of the event, whether it is a social, cultural, or educational. Each request to sponsor an event where alcoholic beverages will be available must provide a description of the food to be provided at the event. A request may be rejected that does not provide for food.
4. Rules
   The following rules apply to all events on NMC’s campus at which alcohol is either sold or served at both licensed facilities and areas designated by the President.
   1. All events must comply with state and local laws and regulations.
   2. All alcohol purchases (including check swaps) for any event on an NMC campus must be made by the Beverage Manager and Great Lakes Campus Purchasing Coordinator (995-1390).
   3. Alcohol for events other than those sponsored by the Great Lakes Culinary Institute will be coordinated and requisitioned by the Hagerty Center Director (995-3150).
   4. A TIPS or TAMS trained supervisor from the Hagerty Center shall be present at all times during any event at which alcohol is served or sold. Said supervisor shall implement precautionary measures to assure that alcoholic beverages are not accessible or served to any person under the legal drinking age or to any person who appears intoxicated.
   5. Compliance with the terms of the College’s insurance coverage is required. Questions regarding insurance coverage should be referred to the Vice President of Finance and Administration.
   6. Advertisements for College events where alcoholic beverages will be served shall not focus on the availability of alcoholic beverages.
   7. Consumption of alcoholic beverages shall be permitted only within the approved area for the event.
   8. Non-alcoholic beverages shall be made available at the same place as the alcoholic beverages. They shall be identified as non-alcoholic and be featured equally and at least as prominently as the alcoholic beverages.
5. Use of Alcohol in the East Hall
   NMC prohibits the possession or use of alcoholic beverages or illegal drugs in the residence halls regardless of the age of the occupant as outlined in the Residence Hall Handbook, except for the employee apartment where Michigan state law and regulations apply to the possession and use of alcoholic beverages.
6. Use of Alcohol in the Apartments and North Hall First Floor
   Residents of the NMC apartments, NMC North Hall first floor residents, and their guests are expected to abide by Michigan state law and regulations as they apply to the possession and use of alcoholic beverages. Residents of the NMC apartments carry the full responsibility for such compliance as outlined in the Campus Apartment Handbook.
7. Use of Alcohol in Other NMC Operated Residential Spaces
   Residents of other residential spaces operated by NMC and their guests are expected to abide by Michigan state law and regulations as they apply to the possession and use of alcoholic beverages and drugs. Residents of other residential spaces operated by NMC carry the full responsibility for such compliance as outlined in the Student Rights and Responsibilities (student handbook).

3. Use of Alcohol Off Campus

1. NMC recognizes the fact that alcohol is served at some off-campus functions related to NMC or attended by NMC employees or students (e.g., community events, conference receptions). When alcoholic beverages are present at functions, all College employees and students shall use them in a reasonable manner that conforms to applicable laws. Students and employees must be of legal age. Students shall observe the Student Code of Conduct. Employees shall conduct themselves in a responsible and professional manner.
2. NMC employees, students, and volunteers who travel for study abroad programs will follow the College’s specific guidelines as outlined for study abroad programs.

4. Sanctions

1. Violations
   Individuals who violate these regulations or the rules and procedures will be subject to disciplinary action by the College, which may include probation, suspension, or expulsion of students, barring visitors from campus premises, and suspension or discharge of employees, and/or may be referred to the local law enforcement agencies. Conviction of illegal possession, use, sale, manufacture, and distribution of alcohol or illegal drugs may result in disciplinary action by the College, in addition to penalties imposed by the legal system. These sanctions will be administered pursuant to established rules.

Violations of laws and ordinances may result in misdemeanor or felony convictions accompanied by the imposition of legal sanctions, which include, but are not limited to, the following:

• • Fines as determined under local, state, or federal laws;
  • Imprisonment, including up to life imprisonment, for possession or trafficking in drugs such as heroin, cocaine, marijuana and prescription drugs;
  • Forfeiture of personal and real property;
  • Denial of federal benefits such as grants, contracts and student loans;
  • Loss of driving privileges;
  • Required attendance at substance abuse education or treatment programs.

A full list of Federal sanctions for drug convictions may be found here: www.dea.gov/drug-information

b. Program-Specific Requirements
Students and staff participating in programs having specific drug and alcohol testing requirements imposed by law or governmental regulation (e.g., Aviation, Dental, Great Lakes Maritime Academy, Nursing, and Police Academy) shall be required to comply with the testing protocols imposed by such regulations. Violators may be subject to sanctions imposed by law or governmental regulation, in addition to NMC-imposed discipline.

The Vice President for Student Services and Technologies, the Associate Vice President of Human Resources, and the Vice President of Finance and Administration, in conjunction with appropriate employees , are responsible for the development and publication of any procedures or guidelines that may be necessary to administer this policy effectively.

If any provision(s) of this policy or set of bylaws conflicts with laws applicable to Northwestern Michigan College, including the Community College Act of 1966, the Freedom of Information Act, or the Open Meetings Act, as each may be amended from time to time, such laws shall control and supersede such provision(s).