Biennial Review of Compliance with The

Biennial Review of Compliance with the

Drug Free Schools and Communities Act

2015-2016

TABLE OF CONTENTS

INTRODUCTION AND COMPLIANCE STATEMENT

DESCRIPTIONS OF ALCOHOL RELATED PROGRAM ELEMENTS

RECOMMENDATIONS

SUMMARY

DRUG FREE SCHOOLS BIENNIAL REVIEW

I. INTRODUCTION AND COMPLIANCE STATEMENT

The Drug Free Schools and Communities Act of 1980 Public law 101-226, requires that Baton Rouge Community College (BRCC) certify that it has adopted and implemented a program to prevent the possession, use or distribution of illicit drugs and alcohol by students and employees. Baton Rouge Community College offers an alcohol and substance abuse program designed to raise awareness across the campus about policies governing alcohol and drug use.

This information is provided pursuant to the Student-Right-To-Know Act. The mission of Baton Rouge Community College is to identify and meet the educational and workforce needs of our community through innovative, accessible, and dynamic programs. In order to accomplish this mission, the illegal use of drugs or alcohol by any member of the Baton Rouge Community College is prohibited. Louisiana law prohibits the consumption, possession, distribution, possession with intent to distribute, or manufacture of drugs described as dangerous controlled substances in the Louisiana Revised Statute 40:964, as well as the illegal possession and/or consumption of alcohol.

II.DESCRIPTIONS: Drug and Alcohol Prevention Related Program Elements

Baton Rouge Community College offers an alcohol and substance abuse program designed to raise awareness across the campus about policies governing alcohol and drug use. Major program elements include:

Annual Notification

The annual distribution in writing to each employee, and to each student who is taking one or more classes for any kind of academic credit, except for continuing education units, regardless of the length of the student’s program of study, of:

description of the standards of conduct that clearly "prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities";
description of the applicable legal sanctions under federal, state, or local laws for the unlawful possession or distribution of illicit drugs and alcohol;
description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
description of any drug and alcohol programs (counseling, treatment, rehabilitation, and re-entry) that are available to employees or students; and
clearstatement that the college will impose disciplinary sanctions on students and employees for violations of the standards of conduct and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution.

In the process of conducting the Biennial Review it was determined that the College had not provided annual notification to all employees and students as required by the statute. As a result, an Annual Notification process has been put in place:

An Annual Notification has been developed to include a brief description of all required employee and student consumer information and a hyperlink to each section contained in the College website. This notification will be distributed two times each semester to all employees and students.

Biennial Review Process

A biennial review by the institution of its program to;

 Determine its effectiveness and implement changes to the program if needed.

 Ensure that disciplinary sanctions are consistently enforced.

The most recent Biennial Review should have been conducted during the 2013-2014 academic but no evidence that a review had been conducted was found. As a result, a new Biennial Review Process was defined including a form for review and summarizing review of the program elements and a team was formalized to include the following particants:

Biennial Participants

Vice President for Student Affairs
Vice President for Academic Affairs
Vice Chancellor for Finance
Chief of Police
Associate Dean of Students
Director of Counseling and Disability Services

Director of Student Programs And Resources
Human Resources Compliance Coordinator
Athletic Director

Materials Reviewed

College Catalog
BRCC Student Handbook
Drug-Free Workplace Policy
Website
Annual Campus Crime/Security Report
BRCC Faculty Handbook
Relevant Federal and State Laws
Louisiana Community and Technical College Policies and Procedures

Standards of Conduct for employees and students

Employee Drug & Alcohol AbusePolicy & Prevention Program

To demonstrate our continued commitment to maintaining a drug-free environment, the College has developed the following alcohol and drug policy. The specifics of the policy are published on the College’s website and made available to employees.

Baton Rouge Community College (BRCC) is committed to maintaining a drug free workplace. The illegal use of drugs or alcohol for consumption within the BRCC campuses or offices interferes with the accomplishment of this mission. Users of drugs or alcohol may impair the well-being of all employees, the students and the public at large; drug and alcohol uses may also result in an injury or damage to College property. It is understood that alcohol may be used in laboratory situations and should not be misused for other purposes. Therefore, the unlawful manufacture, distribution, possession or use of a controlled substance or of alcoholic beverages shall be prohibited while in the workplace, on College premises or as part of any College sponsored activities.

Violation of this policy may result in disciplinary action up to and including termination of employment, expulsion from the College, and referral for prosecution.

“The unlawful use, abuse, manufacture, distribution, dispensation, possession or being under the influence of a controlled or illegal substance while at work, on call, on duty, or engaged in BRCC business is prohibited as is the possession and/or consumption of alcohol in the workplace. Workplace shall include any location on BRCC property in addition to any location from which an individual conducts BRCC business while such business is being conducted. Without reference to any sanctions which may be assessed through criminal justice processes, violators of this policy, including refusal to submit to drug testing when properly ordered to do so, will be subject to BRCC disciplinary action up to and including termination of employment. Alcohol misuse is prohibited extending to 1) use of alcohol on the job; 2) use of alcohol during the four hours before performance of safety-sensitive and security-sensitive functions; and 3) having a prohibited alcohol concentration level in the individual’s blood system while on the job.

The use of drugs/medications prescribed by a licensed physician is permitted provided that it will not affect the employee’s work performance. BRCC reserves the right to have a licensed physician of its own choice determine if the use of a prescription drug/medication produces effects which may impair the employee’s performance or increase the risk of injury to the employee or others. If such is the case, BRCC reserves the right to suspend the work activity of the employee during the period in which the employee’s ability to safely perform his/her job may be adversely affected by the consumption of such medication.

This information is included in the following College publications:

BRCC Faculty Handbook
College Website
Employee Drug and Alcohol Prevention Brochure

Student Code of Conduct

Prohibited Conduct for students is identified in the BRCC Student Code of Conduct. Specifically #4 states:

“The manufacture, distribution, sale, possession, or use of alcoholic beverages, marijuana, controlled substances, or dangerous drugs, as well as being under the influence of narcotics or drugs (except as required for verifiable medical reasons permitted by law and use poses no danger to the college community) while on College property or near campus or at College sponsored, approved, or supervised activities.”

This information is made available to students in the following:

College Catalog
College Website
Student Handbook
Student Drug and Alcohol Prevention Brochure

In addition, student athletes are obligated to follow the Athletic Student Code of Conduct. This document is provided to all athletes in the Student Athlete Handbook. Sanctions include elimination from participation as well as all other sanctions imposed under the College Student Code of Conduct.

Federal Grant Provisions

Convictions of employees working under federal grants, for violating drug laws in the workplace, on College sponsored activity, shall be reported to the appropriate federal agency within ten (10) days of any such criminal statute conviction to each Federal Agency from which grants or contacts are received.

Students employed under the College Work Study Program shall be considered to be employees of the College, if the work is performed for the College. For work performed for a federal, state or local public agency, a private nonprofit agency or a private for-profit company, students shall be considered to be employees of the College unless the agreement between the College and the organization specifies that the organization is considered to be the employer.

Students employed under the College Work Study Program are considered to be employees of the College, if the work is performed for the College in which the student is enrolled. For work performed for a federal, state, local public agency, a private nonprofit or a private for profit agency, students are considered to be employees of the College unless the agreement between the College and the organization specifies that the organization is considered to be the employer.

D.Sanctions

College Sanctions

Sanctions for employees who are in violation of BRCC Policy #214 are defined within the policy posted on the BRCC website.

Sanctions for students in violation of the Student Code of Conduct are defined in the Code and available on the College website, Catalog, brochure and Student Handbook. The text from the BRCC College Catalog is included below:

Alcohol abuse is a major issue in the community and on college campuses. Use of alcohol or drugs can lead to physical abuse, date rape, auto accidents, violence, health issues and other self-destructive behaviors.

BRCC complies with local, state, and federal laws pertaining to alcohol and enforces underage drinking laws. College policy prohibits the consumption, possession, or distribution of alcoholic beverages, and disciplines individuals under the influence of any controlled substance while on college property or participating in college-sponsored trips or activities.

The use, possession, or distribution of illegal drugs, or being under the influence of a controlled substance is strictly prohibited on college property or while participating in college-sponsored events.

Disciplinary actions are taken for the commission of violations pertaining to BRCC’s drug policy by any student, faculty, or staff. Depending on the nature of the offense, disciplinary action may take the form of a written reprimand, a suspension, a demotion, a reduction in pay, or termination of affiliation with BRCC. Disciplinary actions for students are issued in accordance to school policies; examples of sanctions are listed within the Student Code of Conduct.

Legal Sanctions

It is unlawful in Louisiana to produce, manufacture, distribute, dispense, or possess illegal drugs. The most common illegal drugs on college campuses are marijuana, opium derivatives, hallucinogens, depressants, cocaine, cocaine derivatives, methamphetamines, and amphetamines. The Criminal Code of Louisiana carries specific penalties for the possession and use of illegal drugs. Louisiana Revised Statute 40:891.3, Violation of Uniform Controlled Dangerous Substances Law; Drug Free Zone, states that any person who violates a provision of the Uniform Controlled Dangerous Substances Law (Louisiana Revised Statute 40:966-970) while on any property used for school purposes by any school, within two thousand feet of any such property, or while on a school bus, shall, upon conviction, be punished by the imposition of the maximum fine and be imprisoned for not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law.

Louisiana State Law penalties:

Possession of amphetamine or methamphetamine: The offender shall be imprisoned with or without hard labor for not more than five years and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.

Possession of Phencyclidine: The offender shall be sentenced to imprisonment with or without hard labor for not less than five nor more than twenty years and may be sentenced to pay a fine of not more than five thousand dollars, or both.

Possession of marijuana or synthetic cannabinoids: The offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than six months, or both. On a second conviction the offender shall be fined not less than two hundred fifty dollars, nor more than two thousand dollars, imprisoned with or without hard labor for not more than five years, or both.

Possession of cocaine or of a mixture or substance containing a detectable amount of cocaine or of its analogues: The offender shall be sentenced to serve a term of imprisonment with hard labor of not less than five years, nor more than thirty years, and to pay a fine of not less than fifty thousand dollars, nor more than one hundred fifty thousand dollars.

Possession of a classified controlled dangerous substance, unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner: The offender shall be imprisoned with or without hard labor for not more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.

Additional guidelines, including federal legal sanctions for violations of drug and alcohol laws can be found at: and on the BRCC website. This information is also available in the Office of Student Programs and Resources and the Office of Human Resources.

Controlled Dangerous Substances, Schedule I – IV (R.S. 40:981.3)

It is unlawful to possess, sell, distribute, or manufacture those drugs listed in the relevant Louisiana statute(s). These drugs include, but are not limited to, marijuana, cocaine, “crack” cocaine, methamphetamines, heroine, “rush” LSD, “roofies,” and prescription drugs without a valid prescription from a licensed physician. Individuals found guilty of a drug violation are subject to a fine of not less than $500, imprisonment at hard labor for up to 30 years, or, if found selling illegal drugs on campus, imprisonment at hard labor for up to 45 years.

Drug and Alcohol Awareness

Student and employee brochures have been developed and are available in various offices across campus for use in providing Awareness and Prevention information.

Student Activities

Student Programs and Resources (SPAR)

The Student Government Association hosted the Annual Safety Day 2016 where community partners where invited to the campus to share information and resources ranging from drugs & alcohol prevention, mental health awareness. Our community partners included the LA State Police who discussed highway safety and drunk driving information; MADD (Mothers Against Drunk Driving) who shared testimonies and information on the impact of alcohol on the lives of victims and perpetrators; and IRIS Domestic Violence Shelter who discussed the impact of alcohol & drug abuse on the likelihood and recurrence of abuse in the community. During our Annual Spring Fling event, we partnered with local law enforcement to provide the use of a drunk driving simulator for both years in 2015 and 2014. The simulator showed the dangers of driving under the influence and show that there are alcohol-free alternatives. This simulator gave the students a realistic perspective of the effects of driving while intoxicated. This program also incorporated high intensity videos played during the demonstration. All student activities are alcohol-free events. There are a number of student activities throughout the year that encourage student participation while in a fun alcohol-free environment. A sample of student activities that took place over the last two years include Fall Fests, Spring Flings, SPAR STARS leadership academy, club month activities, student dances, movie nights, comedians, educational & leadership speakers, etc.

Participation in LaHEC State Consortium

BRCC is a member institution of the Louisiana Higher Education Coalition to Reduce Alcohol, Tobacco, and Other Drugs (LaHEC). This organization is established to foster safe and healthy campus communities by reducing problems associated with alcohol, tobacco, and other drug use by college students through collaboration among institutions of higher education and key state and community stakeholders.

1 Resources

Development of a Wellness Committee

The College implemented a Wellness Committee in spring 2015 which is a subcommittee of the Safety and Health Committee. This committee promotes health consciousness throughout the campus.

Counseling and Disability Services

BRCC’s Office of Counseling and Disability Services can provide immediate, short-term personal counseling for students. For long-term or in-depth care, the Office can assist students in locating a local area counselling specialist.

Additional information regarding the laws and penalties for illegal use as well as abuse, addiction and prevention information can be found on the College’s website under Consumer Information at users of drugs or alcohol may impair the well-being of all employees, the students and the public at large; drug and alcohol uses may also result in an injury or damage to College property. Therefore, the unlawful manufacture, distribution, possession or use of a controlled substance or of alcoholic beverages shall be prohibited while on College premises or as part of any College-sponsored activities. Any student violating this policy shall be subject to disciplinary action up to and including expulsion and referral for prosecution.