All Whatcom Community College policies, in addition to those listed here, are maintained by the President’s office.
Alcohol and Controlled Substances — Information Related to the Federal Drug-Free School and Communities Act of 1989
The College desires to facilitate access to appropriate health and medical care for students who develop academic problems, and employees who develop job performance problems as a consequence of drug and alcohol abuse. Whatcom Community College recognizes drug dependency, including alcoholism, as a treatable illness that interferes with academic and work performances, personal health and safety, and the safety of others. The College recognizes its efforts to facilitate access to appropriate health and medical care for students and employees who develop drug and alcohol problems are limited to the following: 1) the effects of drug and alcohol abuse on a student’s academic ability and behavior while involved in College activities; 2) the effects of drug and alcohol abuse on an employee’s job performance and on-the-job behavior.
I. Relevant State/Local Laws & College Policies
A. STUDENT USE OF MARIJUANA, ALCOHOL, AND CONTROLLED SUBSTANCES: Students are prohibited from being observably under the influence of marijuana or the psychoactive compounds found in marijuana, or otherwise using, possessing, selling, or delivering any product containing marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form, on college premises. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities. Students are prohibited from being observably under the influence of any alcoholic beverage on college premises; with the exception of sanctioned events, approved by the president or designee, and in compliance with state law. Students are prohibited from the use, possession, or the appearance of being demonstrably under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined by RCW 69.41, or any other controlled substance under RCW 69.50, except as prescribed for a student’s use by a licensed practitioner. These prohibitions apply to every student whenever said student is present upon or in any College facility and whenever said student is present at or engaged in any College-sponsored activity which is held in College facilities or non-College facilities. (WAC 132U-125-020). Violation of these student responsibilities will result in disciplinary action.
B. EMPLOYEE USE/ABUSE OF ALCOHOL AND CONTROLLED SUBSTANCES: Employees are prohibited from being under the influence of or participating in the unlawful manufacture, distribution, possession, or use of a controlled substance in and on College-owned or controlled property; disciplinary action and possible termination will be taken in accordance with the Higher Education Personnel Board rules, bargaining unit agreements, tenure laws, or other policies of the institution. (WAC 296-024-073 (6) (e) and College Policy 404).
C. DRINKING AGE LAWS: It is unlawful for any person under the age of 21 years to acquire, possess or consume any alcoholic beverage. It is also unlawful for any person, other than a parent or guardian (and then only in specific situations), to provide alcoholic beverages to someone under 21. (RCW 66.44.270 and Local Ordinances 8707 and 8573).
E. COLLEGE FUNCTIONS THAT PROVIDE OR ALLOW ALCOHOLIC BEVERAGES WITHOUT COST (BANQUET PERMITS): No functions that involve the service or consumption of alcoholic beverages may take place on College grounds without a state banquet permit. (RCW 66.20.010). Any person acting without a required permit shall be guilty of a gross misdemeanor. (RCW 66.44.090). It is illegal to serve alcohol to anyone who appears intoxicated. (RCW 66.44.200).
F. SALE OF ALCOHOLIC BEVERAGES ON CAMPUS: Alcoholic beverages may not be sold on College property without obtaining an appropriate state liquor license. (RCW 66.20) Liquor licenses must be displayed in plain sight at the location of the event. (RCW 66.24.010(7)).
G. OPENING OR CONSUMING LIQUOR IN PUBLIC PLACES: Except where permits have been issued by the State Liquor Board and approval granted by the President, it is illegal to have an open container of alcohol or to consume alcohol in a public place, which includes College hallways and lounges, athletic fields, parks, sidewalks, parking lots, etc. (RCW 66.04.010(23) and 66.44.100 and Local Ordinance 9044.7).
H. PROMOTION OF LIQUOR AT WHATCOM COMMUNITY COLLEGE: No activities by liquor manufacturers or importers or their representatives which promote the sale or consumption of alcoholic beverages, either by brand name or in general, are allowed on College property except in accordance with state regulation and approved by the president. (RCW 66.28.160).
The College recognizes its obligation to promote the health, safety, and well-being of its students and employees and to encourage appropriate assistance.
STUDENT ASSISTANCE: Students are encouraged to voluntarily seek expert assistance for alcoholism or drug dependency. Students who voluntarily reveal to a College staff member that they have been or are currently involved in the abuse of alcohol or illicit drugs shall have the confidentiality and anonymity of their communication respected, except under subpoena. The staff member should refer students to the Whatcom Community College counseling office. The counseling office shall be capable of making referral to community resources for alcohol or drug abuse diagnosis or treatment. Confidentiality by counselors will be fully maintained according to Federal Law 42 CFR Part 2.
Any student receiving approved professional treatment for an alcohol or drug problem may be considered for Hardship Withdrawal.
Students will use their own resources to cover costs incurred for treatment.
Employees of Whatcom Community College are encouraged to refer students who abuse alcohol or illicit drugs to Whatcom Community College’s counseling center for assessment and/or intervention and referral. Student confidentiality and anonymity of their communication shall be respected and limited to referral to the Whatcom Community College counseling office. No official College records shall be kept.
Whatcom Community College will impose sanctions on students and employees consistent with local, state and federal laws. These sanctions include possible expulsion or termination of students or employees who violate these laws. Faculty members, other College employees and students who breach or aid or abet another in the breach of any of these provisions shall be subject to: a) possible prosecution under the state criminal law, b) any other civil or criminal remedies available to the public, or c) appropriate disciplinary action pursuant to the state of Washington higher education personnel board rules or the College’s policies and regulations. (WAC 132U-120-030(2) and College Policy 1140).
Refer to the College’s website for the complete version of this policy.
Discrimination, Harassment, and Sexual Harassment Complaints
WAC 132U-300-030 Statement of Policy.
The College provides equal opportunity in education and employment and does not discriminate on the basis of race, color, national origin, age, disability, sex, sexual orientation, marital status, creed, religion, or status as a veteran of war as required by Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, RCW 49.60.030, and their implementing regulations. Prohibited gender-based discrimination includes sexual harassment.
(1) Harassment is defined as a form of discrimination consisting of physical or verbal conduct that:
(a) Denigrates or shows hostility toward an individual because of the their race, creed, color, religion, national or ethnic origin, parental status or families with children, marital status, sex (gender), sexual orientation, gender identity or expression, age, genetic information, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or any other prohibited basis; and
(b) Is sufficiently severe or pervasive so as to substantially interfere with the individual’s employment, education or access to College programs, activities, and opportunities.
(2) Sexual harassment is defined, for the purposes of this policy as follows: Unwelcome sexual advances, requests, and other unwelcome conduct of a sexual nature where:
(a) Submission to such conduct is made, either expressly or implicitly, a term or condition of an individual’s employment or education; or
(b) Submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting any individual; or
(c) Such unwelcome conduct is sufficiently severe, persistent or pervasive to have the effect of substantially interfering with any individual’s academic or professional performance.
The College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination and harassment, including sexual harassment. Employees, students, or visitors who believe they have been the subject of discrimination or sexual harassment should report the incident to the following official: human resources director, affirmative action officer and Title IX coordinator, 360.383.3404.
The entire discrimination and harassment procedure is located on the College website.