Purpose and Scope of Policy

Keck Graduate Institute (“KGI”) is committed to providing a safe, healthy, and productive learning and workplace environment. Consistent with this commitment and its obligations under applicable law, KGI has adopted this policy.

All faculty, staff, and student employees of KGI are subject to this policy. Persons who are not employees of KGI but who perform work at KGI for KGI’s benefit (such as contractors and their employees, temporary workers provided by agencies, visitors engaged in joint projects, volunteers, etc.) are also required to comply with this policy.

Prohibitions

KGI prohibits the unlawful manufacture, possession, distribution, dispensation, sale, transportation, offer to sell, promotion, purchase, and/or use of drugs (including marijuana) and alcohol on KGIowned or controlled property (“KGI property”); at KGI- sponsored/sanctioned activities and events; and while conducting or performing KGI-related business, regardless of location.

Additionally, any and all types of drug paraphernalia, including but not limited to bongs, pipes, hookahs, water pipes, or any items modified or adopted so that they can be used to consume drugs, are not permitted on KGI property. Any such drug paraphernalia found on KGI property will be confiscated.

Employees shall not report for work or work under the influence of any drug, alcohol, or other substance that will impair work performance, alertness, coordination, or response, or affect the safety of others.

Nothing in this policy, however, is meant to prohibit the appropriate use of over-the-counter medication or other medication that can legally be prescribed under both federal and state law, to the extent that such use does not impair one’s performance or affect the safety of others.

This policy does not prohibit the responsible consumption of alcohol by employees at KGI- sponsored/ sanctioned activities and events where alcohol is served, or at social, business, or professional events that KGI employees attend in their capacity as such or to perform work for KGI. The consumption of alcohol at KGI-sponsored/sanctioned activities or events involving students is governed by KGI’s Policy 341: Student Use of Alcoholic Beverages at On and Off Campus Events. The consumption of alcohol by anyone under twenty-one (21) years old on KGI’s campus or at KGI-sponsored/sanctioned activities or events is strictly prohibited.

Legal Sanctions

Federal, California and local laws establish severe penalties for violations of drug and alcohol statutes. These sanctions, upon conviction, may range from a fine to life imprisonment. In the case of possession and distribution of illegal drugs, these sanctions could include the seizure and summary forfeiture of property, including vehicles. It is especially important to know that recent federal laws have increased the penalties for illegally distributing drugs to include life imprisonment and fines in excess of $1,000,000.

Some examples of these laws include:

  • Unlawful possession of any controlled substance is punishable by imprisonment in the state prison.
  • • The purchase, possession or consumption of any alcoholic beverages (including beer and wine) by any person under the age of 21 is prohibited.
  • • It is unlawful to provide alcohol to a person under the age of 21.
  • • Selling or serving alcohol to an intoxicated person is prohibited.
  • • Any person found in a public place to be under the influence of an intoxicating liquor or drug and unable to care for their own safety or interfering with the use of a public way is guilty of disorderly conduct, which is a misdemeanor.
  • • Selling, either directly or indirectly, any alcoholic beverages except under the authority of a California Alcoholic Beverage Control License is prohibited. This includes selling glasses, mixes, ice, or tickets for admission.
  • • Possession of an alcoholic beverage in an open container in a motor vehicle or on a bicycle is unlawful, regardless of who is driving or whether one is intoxicated.
  • • Driving a motor vehicle or bicycle while under the influence of alcohol is unlawful.

KGI Sanctions

Employees who are found to be in violation of KGI’s alcohol and/or drug policies will face disciplinary action up to and including termination and/or referral for legal prosecution in accordance with local, state, and federal laws and regulations. Disciplinary sanctions for employees may also include completion of an appropriate rehabilitation program. Student employees may also be subject to discipline under KGI Policy 340 or 341.

Reporting Obligations

Federal law requires that all employees engaging in the performance of work supported by a federal grant or contract must, as a condition of employment, notify KGI of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five days after the conviction.

Notice must be provided to the Director of Human Resources, a school Dean, or President.

Failure to report a conviction is grounds for dismissal. KGI must notify the contracting party or granting agency within 10 days after receiving notice from the team member or otherwise receiving actual notice of such conviction. Federal law also requires that, within 30 days of receiving notice of a conviction, KGI impose a sanction on the convicted employee or require satisfactory participation in an approved drug treatment program, or both.

Available Resources, Education, and Assistance

Employees

KGI recognizes drug and alcohol dependency as treatable conditions. Programs for substance and alcohol abuse are available to eligible employees and their dependents through the health insurance plans, and the Employee Assistance Program of The Claremont Colleges. Employees who are concerned about problems related to substance use, abuse, and rehabilitation should be aware that The Claremont Colleges sponsor and present seminars and workshops on these topics, from time-to-time, for all members of the college community. Employees desiring assistance are encouraged to seek assistance for drug and alcohol related problems through community organizations. The benefits section of the Personnel Services office offers confidential, professional counseling and referral service, providing a constructive way for employees to deal voluntarily with drug or alcohol related and other problems.

Student employees

Resources available to students are detailed in Policy 341.