Students attending ATC shall not unlawfully possess, sell, use, manufacture, give away or otherwise distribute illegal substances while on campus, attending a college-sponsored event, or while serving as a representative of the College at off-campus meetings. This policy also applies to alcoholic beverages.
Policy and Information for Employees and Students
It is the policy of the South Carolina Technical College System to provide a drug free, healthful, safe, and secure work and educational environment. Employees and students are required and expected to report to their work, class or student activities in appropriate mental and physical condition to meet the requirements and expectations of their respective roles.
The South Carolina Technical College System prohibits the unlawful manufacture, distribution, dispensation, possession or use of narcotics, drugs, other controlled substances or alcohol at the workplace and in the educational setting. Unlawful for these purposes means in violation of federal/state/local regulations, policy, procedures, and rules, as well as legal statutes.
Workplace means either on agency premises or while conducting agency business away from the agency premises. Educational setting includes both institutional premises or approved educational sites off campus.
In order to prevent the consequences of alcohol and other drug abuse at the workplace and in the educational setting, the South Carolina Technical College System has implemented this policy to ensure a drug-free work and educational environment.
The South Carolina Technical College System recognizes that chemical dependency through use of controlled or uncontrolled substances, including alcohol, is a treatable illness. The agency supports and recommends employee and student rehabilitation and assistance programs and encourages employees and students to use such programs.
All locations will also implement drug-free awareness programs for employees and students. Such programs will annually ensure that employees and students are aware that
1. Alcohol and other drug abuse at the workplace and in the educational setting is dangerous because it leads to physical impairment, loss of judgment, safety violations, and the risk of injury, poor health, or even death. Health risks and effects of controlled substances and alcohol will be provided to students and employees.
2. Alcohol and other drug abuse can also significantly lower performance on the job and in the classroom, thus impacting on the agency and the college mission as well as seriously affecting the student's educational and career goals.
3. Employees must report any personal conviction under a criminal drug statute, for conduct at the workplace, to their human resource officer within 5 days. Management must report to granting agencies any employee conviction for conduct in the work place within 10 days of receiving notice.
4. It is a condition of employment and admission that all employees and students must abide by the policy on alcohol and other drug use as well as related procedures/statements/laws/guidelines. Violation of any provisions may result in disciplinary action up to and including termination or expulsion respectively, and may have further legal consequences consistent with federal and state laws and regulations. Additionally, management may require an employee or student to enter an employee/student assistance or drug rehabilitation program as a condition of employment or enrollment. In addition, management is specifically required by law to take appropriate action within 30 days of receiving notice of any employee's conviction for conduct in the workplace.
5. Use of employee assistance programs (EAP), student assistance programs (SAP), or drug/alcohol rehabilitation services is encouraged.
The use of tobacco products is prohibited anywhere on the Aiken Technical College campus.
Tobacco products include, but are not limited to: cigarettes, cigars, pipes, smokeless tobacco, and electronic cigarette products.
Anyone violating this policy/procedure will be disciplined accordingly:
Visitors will be issued a violation warning
Student violators will be fined $30 for the first infraction and referred to the Vice-President of Student Services for subsequent violations.
College employees will be referred to their supervisor for progressive disciplinary action.
South Carolina Laws
1. Alcoholic beverages, transfer of beer or wine to a minor (Section 61-4-90)
(A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of beer or wine in the State, unless the person under the age of 21 is recruited and authorized by a law enforcement agency to test a person’s compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:
for the first offense, must be fined not less than $200 nor more than $300 or imprisoned not more than 30 days, or both; and
for a second or subsequent offense, must be fined not less than $400 nor more than $500 or imprisoned not more than 30 days, or both.
2. Alcoholic beverages, false information as to age (Section 61-4-60)
It is unlawful for a person to whom beer or wine cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or wine. A person who violates the provisions of this section, upon conviction, must be fined not less than $100 nor more than $200 or be imprisoned for not more than 30 days, or both.
3. Minor’s purchase or possession of beer or wine, attempt to purchase or consume (Section 20-7-8920)
(A) It is unlawful for a person under the age of 21 to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age 21 and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than $100 nor more than $200 or must be imprisoned for not more than thirty days, or both. (120 day Drivers License suspension 1st offense; 1 year Drivers License Suspension 2nd offense)
4. Alcoholic beverages, sales to minors (Section 61-4-50)
(A) It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under 21 years of age. A person who makes a sale in violation of this section, upon conviction:
for a first offense, must be fined not less than $200 nor more than $300 or imprisoned not more than 30 days, or both; and
for a second offense, must be fined not less than $400 nor more than $500 or imprisoned not more than 30 days, or both.
5. Operating a motor vehicle while under the influence of alcohol or drugs (Section 56-5-2930)
It is unlawful for a person to drive a motor vehicle within this State while:
under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired;
under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired; or
under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired.
Driving with an unlawful alcohol concentration (DUAC) (Section 56-5-2933)
It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more.
Penalty for DUI/DUAC (Section 56-5-2940)
A person who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished:
by a fine of $400 or imprisonment for not less than 48 hours nor more than 30 days, 1st offense;
by a fine of not less than $2100.00 nor more than $5000 and imprisonment for not less than 5 days nor more than 1 year for 2nd offense.
Possession and Distribution of Drugs (Section 44-53-270)
(a) Except as authorized by this article it shall be unlawful for any person:
to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue;
to create, distribute, dispense, deliver, or purchase, or possess with intent to distribute, dispense, deliver, or purchase a counterfeit substance.
Vary depending upon amount of drugs and circumstances under which the arrest was made. Fines up to $200,000, confinement up to 30 years and mandatory driver license suspension.
Distribution near school (Section 44-53-445)
It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.
When a violation involves the distribution, sale, manufacture, or possession with intent to distribute crack cocaine, the person is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and imprisoned not less than ten nor more than fifteen years.
When a violation involves only the purchase of a controlled substance, including crack cocaine, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
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