DRUG-FREE SCHOOLS AND COMMUNITIES ACT

References: Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226; Board Policy 1330A

The Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, (the “Act”) requires that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education (“IHE”), state educational agency (“SEA”), or local educational agency (“LEA”) must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illegal/illicit drugs and alcohol by students and employees. This includes providing an annual notice to all students and employees and a biennial review of college drug and alcohol prevention policies.

In compliance with the federal Drug-Free Schools and Communities Act, Western Wyoming Community College (the College) prohibits the unlawful manufacture, dispensation, possession, use, or distribution of a controlled substance (illegal/illicit drugs and alcohol) of any kind and in any amount. These prohibitions cover any individual’s actions that are part of any College activities, including those occurring while on College property or in the conduct of College business away from the campus.

The Board requires the College to create a procedure(s) to comply with the Act, as failure to comply with the law may result in the loss of all federal funds.

Adopted: November 10, 2022

Procedure 1330C.1

DRUG-FREE SCHOOLS AND COMMUNITIES ACT BIENNIAL DRUG REVIEW

As required by the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, (the “Act”) and Board Policy 2190A, the College shall adopt and implement a program to prevent the abuse of alcohol and use of illegal drugs by students and employees.

1. The program shall consist of the following:
   1. Develop and implement the College’s Drug and Alcohol prevention program and annually distribute the College’s Drug and Alcohol policies to all students and employees through multiple distribution methods, and track and document the distribution of those policies.
   2. Review the Program (EDGAR 86 Biannual Report) biennially in every even-numbered year to determine its effectiveness, implement necessary changes, and ensure that sanctions are consistently enforced. The report should be complete and made available by December 31st of every even-numbered year. This report is available in the Dean of Students office and the Human Resources Office.
2. Keep records documenting compliance with the law for a minimum of seven years after the federal fiscal year in which the record was created.

Adopted: November 10, 2022

Procedure 1330C.2

ALCOHOLIC LIQUOR OR MALT BEVERAGES PROHIBITED

REFERENCES:  Board Policies 1330A, 1330B, 4430A, 4430B, 5420A, 5420B, 5430B, and Wyoming Statute § 12-6-101.

Under Wyoming law, individuals in the State of Wyoming under the age of 21 are prohibited from purchasing, attempting to purchase, possessing, consuming, dispensing, or selling alcoholic liquor or malt beverages.  Furthermore, individuals over the age of 21 are prohibited from selling, furnishing, giving, or causing to be sold, furnished, or given any alcoholic liquor or malt beverages.  Violations of these laws or College policy may result in discipline according to Policy 5420B for students, Policy 4430A for employees, or criminal prosecution.

The College prohibits the use, possession, or sale of alcoholic liquor or malt beverages on College property that it owns or leases, or at College sponsored activities, except when approved by the College President (see Policy 1330B).  Local law enforcement will be notified of any violations of the law occurring on College property or at College sponsored activities.  Due process is ensured through the established judicial processes of the College in policy 5430B for students, and 4430B for employees.

To prevent the misuse of alcoholic liquor or malt beverages, the College will develop a prevention program as per the Drug-Free Schools and Communities Act.

Adopted: November 10, 2022

Procedure 1330C.3

ILLEGAL DRUGS AND DRUG PARAPHERNALIA PROHIBITED

REFERENCES:  Board Policies 1330A, 4430A, 4430B, 5420A, 5420B, 5430B, 21 USC § 841 through 865, Wyo. Stat. § 35-7-1031 through 1039, 35-7-1056 through 1057, and 35-7-1058 through 1059.

Individuals must conform to all federal, state, and local laws prohibiting the use, production, possession, distribution, and sale of illegal drugs or drug paraphernalia, or the distribution or misuse of prescription medications on College property it owns or leases, or at College sponsored activities. For the purposes of this policy, any items used or altered for the purpose of using illegal drugs is prohibited.  For a list of prohibited substances and items, please see the United States Drug Enforcement Administration at www.dea.gov and the statutes listed above. Violations of these laws or College policy may result in discipline according to Policy 5420B for students, Policy 4430A for employees, or criminal prosecution.

The College prohibits the use, production, possession, distribution, or sale of illegal drugs or drug paraphernalia on College property it owns or leases, or at College sponsored activities.  Local law enforcement will be notified of any violations of the law occurring on College property or at College sponsored activities.  Due process is ensured through the established judicial processes of the College in policy 5430B for students, and 4430B for employees.

To prevent the misuse of illegal substances, the College will develop a prevention program per the Drug-Free Schools and Communities Act.

Adopted: November 10, 2022

Procedure 1330C.4

TOBACCO USE/SMOKING/VAPING

REFERENCES:  Board Policies 1330A, 4430A, 4430B, 5420A, 5420B, 5430B

DEFINITIONS
“Tobacco” is defined as all products derived from or containing tobacco, including but not limited to: cigarettes (e.g., cloves, bidis, kreteks), cigars and cigarillos, hookah smoked products, pipes and oral tobacco (e.g., spit and spitless, smokeless, chew) and nasal tobacco (e.g., snuff).

“Smoking” as used in this procedure means the act of smoking utilizing a cigarette, cigar or pipe. 

“Tobacco Use” means “smoking” or the use of “smokeless tobacco.”

“Smokeless Tobacco” is tobacco or a tobacco-like substance that comes in two forms: snuff and chew.

“Vaping” is defined as the use of an electronic device that provides a vapor of nicotine or other substance and which simulates smoking through its use. 

ENVIRONMENT
Tobacco use/Smoking/Vaping is prohibited inside buildings, within 50 feet of any door, window or vent, in all courtyards including Western Commons and in all College-owned vehicles.  The only exception to the 50 feet prohibition is the perimeter of the Workforce Training Center (WTC).

TREATMENT AND SUPPORT
Information on external support for smoking cessation and tobacco use reduction is available in the Wellbeing & Accessibility office or at www.quitwyo.org.

ENFORCEMENT AND CONFLICT MANAGEMENT
Peer-to-peer support, supervisory oversight, and voluntary compliance shall be relied upon to lead to behavioral changes over time. Persons who refuse to stop the activity or are repeat offenders of the policy will be addressed through processes adapted for visitors, students, faculty, and staff. Sanctions shall be limited to cases of repeated or blatant violations. The College will not impose fines or other explicit penalties as means of primary enforcement.

Faculty and Staff: Enforcement will be addressed in the same manner as any other College policy violation.

Students: Enforcement will be addressed in the same manner as any other violation of the Code of Student Conduct.

Visitors: Enforcement will be addressed by the Campus Security.

The enforcement continuum will progress from education and warnings to applicable sanctions.

The College shall provide resources to support managers, supervisors, students, faculty, and staff with methods to address individuals in a respectful manner.

Due process is ensured through the established judicial processes of the College in policy 5430B for students, and 4430B for employees.

To prevent the misuse of tobacco, the College will develop a prevention program per the Drug-Free Schools and Communities Act.

Approved: April 25, 1986
Reformatted: June 26, 1986
Revised: July 17, 2002
Revised: January 12, 2010
Reformatted: April 13, 2010
Revised: May 12, 2016
Revised: January 9, 2020
Renumbered from 1330F: September 9, 2021
Renumbered from 1330A.2: November 10, 2022