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Compliance with California and Federal Drug-Free Workplace Acts

Effective as of Jan 01, 2017 | Last updated on Apr 09, 2024


Who This Policy Applies To

All employees

Policy Statement

See the Alcohol Policy in the CCA Student Handbook for details that pertain to serving or possessing, or both, alcohol on either campus of California College of the Arts.

The purpose of this policy/procedure statement is to set forth a controlled-substance policy for the college in compliance with the requirements of the federal and state Drug-Free Workplace Acts. This policy supplements CCA’s drug and alcohol policy.

It is college policy that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in this workplace is prohibited. Violation of this policy will result in discipline, up to and including termination and/or, at the discretion of the college, rehabilitation.

CCA must certify to the contracting state and/or federal agencies that it will provide a drug-free workplace in connection with the performance of state and/or federal contracts. Employee notification statements are given to all employees when they are hired, which must be accepted and signed (electronically through Workday) and are maintained by HR. CCA will include drug-free awareness information in its programs and will comply with the acts’ requirement that the government be notified of any employee’s workplace-related drug conviction. This policy applies to all CCA employees.

Employee Notification Statement

The employee notification statement shall be given to and signed by all employees and new hires. A signed copy of the statement shall be retained in each employee’s personnel file. The employee’s signed agreement to abide by this policy shall be a condition of employment.

Employee Program

The college will inform employees of the dangers of drug abuse in the workplace; the college policy of maintaining a drug-free workplace; the extent of available drug counseling, rehabilitation, and other employee assistance measures; and the penalties that may be imposed for drug abuse violations.

Notice of Employee Conviction

Under the federal act, employees are required to notify CCA of any workplace-related drug conviction within five days of the conviction. CCA, in turn, is required to notify the federal government within 10 days of receiving notice of any such conviction.

Sanctions and Rehabilitation

Within 30 days of receiving notice of an employee’s workplace-related drug conviction, CCA will take appropriate personnel action, up to and including termination, against any employee who is so convicted; and/or CCA, within its sole discretion, may require the employee’s satisfactory participation in a drug and/or alcohol assistance program or rehabilitation program approved by a federal, state, or local health, law enforcement, or other appropriate agency.

Good-faith Compliance Efforts

CCA will make ongoing good-faith efforts to maintain a drug-free workplace by implementing all of the above requirements. Our failure to comply with the provisions of this act may subject CCA to loss of payments under or termination of a contract, and to debarment as a contractor for up to five years.

Unlawful substances and misuse of other drugs and alcohol are incompatible with a healthy, safe, and efficient working environment. Substance abuse impairs an employee’s health and performance. Employees who work while under the influence present a safety hazard to themselves and their coworkers and also impairs efficiency. The college’s policy is found here and provided in Workday as a part of the new hire onboarding process; every employee must agree to abide by it as a condition of continued employment.

Smoking and use of vapes is prohibited on campus and in all CCA buildings. In addition no one may smoke within 20 feet of any college-owned or -leased building. Violations should be brought to the attention of either the director of facilities or human resources.

Please note: the college is a private institution and the possession or use of marijuana on its property is prohibited.

Any employee who is convicted of a violation of any criminal drug statute related to the unlawful use, possession, dispensation, distribution, or manufacture of controlled substances must inform the college of the conviction within five days. Any employee who is so convicted shall be subject to disciplinary action, up to and including termination. The college may require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved by federal, state, or local health law.

Employee Assistance
If a staff member suspects that they may have an alcohol or drug problem, even in the early stages, they are encouraged to seek diagnosis voluntarily and to follow through with treatment as prescribed by qualified professionals. Staff members may seek assistance through their health care provider, benefit eligible teammates may also use the Employee Assistance Program through Claremont. This program offers a number of services to employees and anyone in their household to help you cope with personal problems you may be facing. These benefits are automatically provided to employees at no additional cost and do not require the staff member to elect any other benefits.

CCA will reasonably accommodate with a leave of absence any staff member who is in good standing and, prior to engaging in misconduct, notifies the college that they wish to participate in a voluntary alcohol or drug rehabilitation program. CCA recognizes that chemical dependency, including alcoholism, can be a medical health condition that a staff member may be unable to control without professional help. The college will try to accommodate chemically dependent staff members seeking professional medical and emotional help and, prior to misconduct, will consider granting a leave of absence for this purpose. Information about Employee Mental Health & Wellness Resources can be found here. Please contact hr@cca.edu or your HR Lead for additional information.

Drug-Free School & Workplace Program

General Discussion

It is the goal of CCA to maintain a safe and healthy environment where the arts can flourish and grow. The college strives to provide this environment for all students, faculty, and staff. The policies detailed in the following pages apply to all members of the college community unless otherwise specifically stated.

The college, as an employer and educator, is concerned about the use and effects of alcohol and illicit drugs. In addition, in compliance with the Drug-Free Schools and Communities Act Amendment of 1989, the college is required to establish a drug-free campus policy and awareness program.

The college is committed to publishing and distributing information about the dangers of alcohol and drug (substance) abuse; available counseling, rehabilitation, and assistance; and penalties associated with substance abuse.

Standards of Conduct

The college's goal of maintaining an academic environment free from the use and influence of alcohol and unlawful drugs requires the following standards of conduct be enforced at all times.

It is expected that all members of the college community conduct themselves in a manner that ensures a drug- and alcohol-free learning and working experience.

Being under the influence of any drug or alcoholic beverage while on the job or at the college poses serious risks to individuals’ health and safety. The college absolutely prohibits the use, sale, purchase, transfer, or possession of any illegal or non prescribed drug by any individual at any time.

In addition, the college strictly prohibits individuals from being under the influence of alcohol or any drug while on duty, in classes, living in college housing, or performing college business, including driving college-owned or college-leased vehicles.

Only legally prescribed medications are excluded from this rule and are permitted to the extent that the use of such medications does not adversely affect the individual's work ability, job performance, or student performance, or the safety of that individual or others.

It is also expected that all students, faculty, and staff will be considered "fit for duty" while on college premises or conducting college business.

Inability to perform work safely and efficiently or absences considered excessive shall be cause for concern and could result in disciplinary action up to and including termination and dismissal depending on the frequency and seriousness of the occurrences.

Counseling & Medical Assistance

It is the individual's responsibility to seek assistance or intervention for alcohol or drug abuse or dependency. Personal concerns may be discussed confidentially with the director of counseling services, but will not be expected to preclude discipline for prior acts.

Staff and faculty who enroll in a formal treatment program may request rehabilitation leave on a full-time or part-time basis for periods up to ninety days. As with any other sick leave, the leave may include a combination of sick time, vacation time, and leave without pay.

Leave will not be granted where termination for prior acts is warranted. Faculty requests for rehabilitation leave may be handled directly with the Academic Affairs Office or with the assistance of the vice president of Human Resources.

Smoking Policy

Smoking and use of nicotine products such as vapes is prohibited on college premises, except for in designated smoking areas, and in all college vehicles. This policy applies equally to all employees, vendors and visitors. In addition, no one may smoke within 20 feet of any college-owned or leased building. Violations should be brought to the attention of either the Director of Operations, Director of Public Safety, or Human Resources. Employees will not be subject to retaliation for reporting violations of this policy.

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