Rules that apply to students and employees under the Drug-Free Workplace Act

In November of 1988, the United States Congress enacted the Anti-Drug Abuse Act, which contains a section called the Drug-Free Workplace Act of 1988. This section requires organizations receiving federal grants and contracts to ensure that their workplaces are free from illegal use, possession, manufacture, or distribution of controlled substances.

The law requires employers who receive federal funds to:

• notify employees that drug abuse is prohibited in the workplace,
• establish a drug-free awareness program,
• require each employee to notify the College of any criminal conviction for violations occurring in the workplace, and
• impose sanctions or remedial actions for convicted employees.

This law also requires individuals who receive federal funds to certify to the contracting or granting agency that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity under the grant. This requirement also applies to students who are recipients of Pell Grants. By signing the certification required for eligibility under the Pell Grant Program, a student is agreeing not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during the period covered by his or her Pell Grant at all times. A Pell Grant recipient convicted of a criminal drug offense must report the conviction, in writing, within 10 calendar days of the conviction to the director of the Grants and Contracts Service, U.S. Department of Education.

Any employee convicted of any workplace-related criminal drug violation must notify the appropriate College official within five calendar days after conviction. Faculty should contact the dean of faculty and staff should contact the director of personnel. Failure to report a conviction may be grounds for termination of employment.

Grantees, whether the College or an individual, must report in writing to the contracting or granting agency within 10 calendar days of receiving notice of a conviction.

Violations of the Drug-Free Workplace Act may result in:

• disciplinary action, up to and including termination of employment
• suspension of payments under the grant
• suspension or termination of the grant
• suspension or debarment of the grantee

Colby also complies with the Drug-Free Schools and Communities Act of 1989, which requires colleges to certify that they have implemented a drug and alcohol awareness program for students and employees.