SWC recognizes and acknowledges the importance of campus security and the right of students to be safe and to be informed as to the policies, procedures, and facilities for reporting criminal actions or other emergencies that occur on campus. Therefore, the following procedures have been established:

1. All emergency or criminal actions must be immediately reported to the VPAA;
2. The VPAA will immediately report the action to the proper authority;
3. The VPAA will take all the necessary precautions and actions to insure the safety of the student body and employees.

In the VPAA’s absence, the following chain of command shall be

utilized to report emergencies or criminal actions:

1. President.

2. Human Resources.

Alcohol/Drugs

SWC agrees and abides by the concepts of the Drug-Free Schools and Communities Act, Public Law 101-226, December 12, 1989.  In compliance, SWC abides by the following policy: “It is prohibited for students or employees of the Sisseton Wahpeton College to engage in the possession, use, or distribution of illicit drugs or alcohol while on college property or in connection with any institutionally sponsored activity.

Substance Abuse Policy

SWC operates a drug-free workplace.  Employees and students who possess, manufacture, use, attempt to possess or use, participate in the illegal transfer, sale, offering, or possession of illegal drugs, other controlled substances, or alcohol while on the job or on SWC property are in violation of this policy and are subject to disciplinary action and/or referral to the appropriate law enforcement agency.  Employees who report to work, along with students attending classes or other activities, while under the influence of alcohol, illegal drugs, or other controlled substances are considered a threat to the general safety, productivity, security, and accountability of the College and are also in violation of the policy.

Students convicted of any offense under any federal or state law involving the possession or sale of a controlled substance are not eligible to receive any grant, loan, or work assistance under Title IV during the period from the date of the conviction and through the interval specified by the Department of Education. The period of ineligibility for federal student aid funds varies depending on whether the conviction was for sale or possession and previous offenses. Students should contact the Financial Aid Office for additional information.

SWC recognizes two different situations that require addressing.

1. The effect of alcohol/drug use or abuse on an employee’s or student’s performance and overall health. SWC will strive to treat this situation with sensitivity and concern by helping the employee or student to obtain appropriate treatment and counseling and will attempt to accommodate their needs in such a situation.

2. The effect of illegal drug-related activities (such as possession, sale, offering, or using) on the reputation of the College in general and the denial of the goal of a drug-free workplace. Therefore, in order to strive to treat this second situation, procedures have been implemented for drug testing.

Drug Testing Situations

There are five situations that could require an employee to submit to drug testing in order to remain employed at SWC.  Those situations are as follows:

1. SWC will periodically require that a randomly selected sample of the workforce submit to a drug-use screening test.  “Randomly selected” means a computer generated list of employees for periodic drug testing, but at no time shall any employee be chosen for a random test by a method that could arguably have been prejudiced toward a particular employee.  The random sample will include 25 percent (25%) of SWC’s current employees and will be done twice a year.  The President, the Vice-President and the HR Manager will be responsible for coordinating the process.
2. Reportable accident. In case of an accident on the job, an employee who is injured on the job to the extent that medical attention is required will be required to take a drug test for insurance and liability purposes.
3. Reasonable suspicion. Reasonable suspicion of violations of the SWC Substance Abuse Policy can result in a drug test.  Violations of the SWC Substance Abuse Policy must be reported in writing, be articulate and descriptive, and meet the standards of reasonable suspicion test.  When a report is received, the President, in consultation with the HR Manager, will evaluate it.  The President will then decide whether the suspicions warrant a drug test.  If deemed necessary, the HR Manager will coordinate the drug test.
4. Area testing. Within SWC, there are areas that are defined as a section of a workplace that include one or more departments.  SWC will conduct an area drug test when there is an indication that drugs are being used or there is a potential for damage caused by drug use.  The procedure listed under “reasonable suspicion” will be used to coordinate the process.
5. Baseline testing. This category of testing will be used whenever the SWC drug testing policy is amended.  In that instance, all SWC employees will be subject to testing.  This

Failure of Drug Test or Refusal to Submit

Failure of the drug testing protocol occurs after the final lab report determines a positive finding, after eliminating false positives or the presence of legitimate prescription drugs – requiring supporting documentation from a doctor.  Failure of a drug test, or refusal to submit to a drug-use screening test, whether on-duty or off-duty, shall be grounds for termination of employment. Failure to appear and take the test is considered a form of refusal, as is appearing but leaving prior to the test being administered. An employee who is terminated from employment under this policy shall not be allowed to re-apply for a position with SWC for a period of one year.

The following provision was contained in subsection (r) of section 484 of the Higher Education Act of 1998 (see 20 U.S.C. § 1091r) – Suspension of Eligibility for Drug Related Offense.

(1) IN GENERAL – A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

The possession of a controlled substance:

• First Offense 1 year
• Second Offense 2 years
• Third Offense Indefinite

The sale of a controlled substance:

• First Offense 2 years
• Second Offense Indefinite

(2) REHABILITATION – A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if:

(A) The student satisfactorily completes a drug rehabilitation program that —

(i) Complies with such criteria as the Secretary shall prescribe in regulations for the purposes of this paragraph; and

(ii) Included two unannounced drug tests; or

(B) The conviction is reversed, set aside, or otherwise rendered nugatory.

(3) DEFINITIONS – In this subsection, the term ‘controlled substance’ has the meaning given the term is section 802 of title 21.

The unauthorized possession or use of weapons on Sisseton Wahpeton College owned or controlled property is prohibited without the (written) permission of the President and/or the Executive Committee. Weapons include, but are not limited to, firearms, air rifles or pistols, hunting or fighting knives, martial arts weapons, bows or crossbows, arrows or bolts, and swords. This policy also includes non-functional replicas fashioned with metal or wood, paintball or stun guns, metal tipped darts, explosives, fireworks, and pyrotechnic devices.

Certain items that are not traditionally considered weapons such as, but not limited to, baseball bats, box-cutters, kitchen knives, pocket knives (with blades of three inches or less), or scissors are not subject to this policy unless used to threaten or inflict harm another person. Under these circumstances the object may be confiscated by Campus Security and the user of the item is subject to disciplinary action, in addition to criminal prosecution.

The purpose of this policy is not to prohibit individuals or student organizations from possessing, storing, or using weapons at approved locations for educational purposes, sanctioned sporting activities, research, or other actions supporting the operations of the College that are authorized by the President and/or the Executive Committee. These instances could include, but are not limited to, the firearms and archery equipment used for off-campus hunting or by a sporting team, the use of original and replica weapons in culture or history courses, or the firearms being repaired or constructed in a gunsmith course.

Weapons brought onto SWC property must be pre-authorized and immediately registered with Campus Security. When not being utilized in sanctioned course activities, practices, or events, all weapons and ammunition must be securely stored in officially designated locations or immediately removed from College property.

Any person carrying a concealed weapon must have a valid permit and written authorization by the President and/or the Executive Committee of the Sisseton Wahpeton College, which include participation and training with the Sentinel or other similar program. This authorization must be renewed annually.

xempt from this Policy are sworn law enforcement officers or military personnel in the performance of their official duties.

Students, employees, and visitors found in violation of this policy are subject to disciplinary actions and possible criminal prosecution. Any serious violations of this policy will be referred to the cognizant law enforcement agency and will trigger an immediate Administrative Action.