INSTITUTIONAL PROCEDURE APPROVED BY: Dana Grove, President EFFECTIVE DATE: 7/1/14 REVISION DATE: SUBJECT: Tobacco Free Campus Morton College institutes this procedure to comply with the Smoke Free Illinois Act (410 ILCS 82 et seq, the Act ). Purpose of this Institutional Procedure: To ensure that all Morton College facilities and properties are tobacco-free in an effort to provide the faculty, staff, students and visitors with a healthy, respectful working and learning environment. Definitions: "Employee" means a person who is employed by Morton College in consideration for direct or indirect monetary wages or profits, or a person who volunteers his or her services for a nonprofit entity. "Employer" means Morton College. "Enclosed area" (without limitation to lobbies and corridors) means all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors. "Enclosed or partially enclosed sports arena" means any sports pavilion, stadium, gymnasium, or other similar place where members of Morton College assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events. "Place of employment" means any area under the control of Morton College that employees are required to enter, leave, or pass through during the course of employment. "Public place" includes, but is not limited to, offices, elevators, stairwells, indoor theaters, public conveyances, concert halls, cafeteria, libraries, museums, educational facilities, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, all Morton College owned vehicles and facilities, including buildings and vehicles owned, leased, or operated by Morton College, educational facilities, public restrooms, waiting areas and lobbies. College means Morton College. Student (for the purposes of this Institutional Procedure) includes all persons applying for admission or taking credit or non-credit courses provided by Morton College both full-time and part-time. This also includes the Lifelong Learning Institute participants and all individuals taking Morton College courses online while on Morton College Campus property. This Institutional Procedure replaces all former Procedures (1994 and 2011) 1
Faculty member means all full or part-time instructors, including interns and student teachers. Morton College Official includes any person employed by the Morton College performing assigned administrative responsibilities. Member of the Morton College Community includes any person who is a student, faculty member, College official, or any other person employed by the College. Law enforcement officer includes any federal, state, or local sworn police officer acting in his or her official capacity. College premises includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks) and including work locations, work areas, or vehicles owned, leased, rented, used, or that are under the control of Morton College. "Smoke" or "smoking" means the carrying while lit, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. Tobacco Products includes, but is not limited to, the burning of any type of cigar, cigarette, pipe, electronic cigarette or any other smoking equipment. The use of smokeless/chewing tobacco and Medical Marijuana are also prohibited. Prohibition: Smoking on Morton College premises in a public place or place of employment and College vehicles is prohibited. No person shall smoke on Morton College premises or within 15 feet of any entrance to a public place or place of employment at Morton College. No person may smoke in any Morton College vehicle. The use of smokeless tobacco products and chewing tobacco on Morton College premises in public places and places of employment as well as in Morton College vehicles (regardless of where located) is also prohibited. This Institutional Procedure applies to all students, employees (faculty, staff, administrators, and professional staff), visitors, vendors, and contractors; and applies to all Morton College premises. All employees and students are responsible for being familiar with and complying with the requirements of this Institutional Procedure. Posting of signs; removal of ashtrays: "No Smoking" signs or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in each area of Morton College Campus where smoking is prohibited by the Morton College Smoke Free Campus Institutional Procedure. Each place where smoking is prohibited by Morton College Smoke Free Campus Institutional Procedure shall have posted sign at every entrance as a conspicuous sign clearly stating that smoking is prohibited. All ashtrays shall be removed from any area where smoking is prohibited by the Morton College Smoke Free Campus Institutional Procedure by Morton College Campus Facilities and Operations or other persons having control of the area. This Institutional Procedure replaces all former Procedures (1994 and 2011) 2
Enforcement: Enforcement of this Institutional Procedure depends on the cooperation of all Morton College faculty, staff and students not only to comply with this Institutional Procedure but also to encourage others to comply with Institutional Procedure in order to promote a safe, clean and healthy learning environment. Violators of this Institutional Procedure will be referred to the appropriate administrative office for review and appropriate administrative action. Institutional Procedure violations may also be subject to citations and or fines issued by the Morton College Police Department: 1. Citations: Violators may be issued citations by Morton College Campus Police. 2. Fines: 3. Payment: a. First citation - $50.00 b. Second citation - $100.00 c. Subsequent citations may be issued in an amount up to $250.00, depending on the nature of the violation. All fines are to be paid within thirty (30) days of the date that the citation was issued. Payment is to be made at the Cashier s Office of Morton College. Failure to pay fines will result in an Academic Restriction placed on the student s record. 4. Repeated Offences: a. Offences of Students shall be reported to the Dean of Student Development and Ombuds Services. Repeated offences are in violation of the Student Code of Conduct and could lead to administrative actions. b. Offenses of Employees all citations shall be reported to the Campus Safety Office, staff member s immediate supervisor, and Human Resources. Repeated offences are in violation of Board Policy and punishable by disciplinary action. 5. Members of the Public and/or Visitors to Morton College: Members of the public and/or visitors that use tobacco on Morton College property will be asked by Morton College Campus Police to extinguish any type of cigar, cigarette, pipe, electronic cigarette or any other smoking equipment. The use of smokeless/chewing tobacco is also prohibited and must be disposed of in a safe and sanitary manner immediately upon request. If a visitor refuses to comply with this request, Morton College Campus Police may direct the visitor to leave Morton College Campus property. Smoking Cessation: Morton College recognizes that individuals may require help to quit smoking. Referrals for smoking cessions and educational materials are available through the Morton College Health and Wellness Program: Quitting Smoking; Blue Cross and Blue Shield of Illinois Fit Facts Brave the Crave. If your craving for nicotine continues, call 800-QUIT-NOW (800-784-8669) for help. This Institutional Procedure replaces all former Procedures (1994 and 2011) 3
INSTITUTIONAL PROCEDURE APPROVED BY: Dana Grove, President EFFECTIVE DATE: 7/1/14 REVISION DATE: SUBJECT: Tobacco Free Campus Medical Marijuana: Medical marijuana which is prescribed for healing purposes is prohibited at Morton College even though there may be state laws which permit its use. This Institutional Procedure protects Morton College as a public post-secondary educational institution in restricting or prohibiting the use of medical cannabis on its property. Background: Morton College received federal funding through Title IV in the form of student financial aid (grants, loans, and work-study programs) and through federal research grants. As a condition of accepting this money, Morton College is required to certify that it complies with the Drug and Alcohol Abuse Prevention provisions of the U.S. Code pertaining to Institutions of Higher Education (20 U.S.C. 1011i) and part 86 of Title 34 of the Code of Federal Regulations (the Drug and Alcohol Abuse Prevention regulations). The federal government regulates drugs through the Title 21 (Food and Drug Act), Chapt. 13 (Drug Abuse Prevention and Control) of the U.S. Code which does not recognize the difference between medical and recreational use of marijuana. 21 U.S.C. 811 and 812 Thus, to comply with federal law and avoid losing federal funding, Morton College must prohibit all marijuana use, including medical marijuana, and provide sanctions for its use. Further, the Occupational Safety and Health Act ( OSHA ) imposes a general responsibility on employers to maintain a safe workplace. Permitting employees who are under the influence of marijuana to operate machinery or work with potentially hazardous materials or substances could create serious risks in the workplace and violate OSHA requirements. Applicability: The provisions of this Institutional Procedure apply to all persons within the limits of Morton College property, whether faculty, staff, student or visitor. Institutional Procedure Definitions: Use is defined as the ingestion by smoking, eating, or by any other means, of medical cannabis or any product infused with medical cannabis in its natural form, extracted form or converted form. "College Campus and/or College Property is defined as any property owned, rented or leased by Morton College, Illinois Community College District 527, including College owned or rented or leased vehicles, buildings, parking lots, and exterior or natural areas. Public Place means any place where an individual could reasonably be expected to be observed by others and includes all parts of buildings owned in whole or in part, or leased, by Morton College. This Institutional Procedure replaces all former Procedures (1994 and 2011) 4
Debilitating Medical Condition means one or more of the following: cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post-concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomyelia, Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, residual limb pain, or the treatment of these conditions. Medical Use means the acquisition; administration; delivery; possession; transfer; transportation; or use of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. Qualifying Patient means a person who has been diagnosed by a physician as having a debilitating medical condition. Registry Identification Card means a document issued by the Department of Public Health that identifies a person as a registered qualifying patient or registered designated caregiver. Cardholder means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the Department of Public Health. Prohibition: Marijuana continues to be a prohibited item and students use of marijuana (or any other drug) on Morton College premises is strictly forbidden and subject to action under the Student Conduct Code and this Institutional Procedure. Although Illinois State law permits the use of medical marijuana, i.e., used by persons possessing lawfully issued medical marijuana cards, Federal Laws prohibit marijuana use, possession, and/or cultivation at educational institutions and on the premises of all recipients of Federal Funds. Pursuant to Illinois Act 98-0122, Section 30(a) (3) (F): No person shall possess medical cannabis or any product containing medical marijuana in natural form, extract(ed) or converted form while on any Morton College property. The use, possession, cultivation, or distribution of marijuana for any reason, including medical purposes, is therefore not allowed on or in public places on Morton College property nor is allowed at Morton College sponsored events or activities off campus. Medical Cannabis cannot be used: In any motor vehicle driver or passenger, in any public place. Knowingly in close proximity to anyone under the age of 18 years of age. Smoking medical cannabis in any public place., in a health care facility, or any other place where smoking is prohibited under the Smoke Free Illinois Act. This Institutional Procedure replaces all former Procedures (1994 and 2011) 5
While operating, navigating, or being in physical control of any motor vehicle while using or under the influence of cannabis in violation of Sections 11-501 and 11-502.1 of the Illinois Vehicle Code. If the person does not have debilitating medical condition and is not a registered qualifying patient or caregiver. If the cannabis is transferred to any person contrary to the provisions of the Act. Allowing any person who is not allowed to use cannabis under this Act to use cannabis that a cardholder is allowed to possess under this Act. By an active duty law enforcement officer. By a person who has a school bus permit or a Commercial Driver s License. Employment: No employee shall undertake any task under the influence of cannabis, when doing so would constitute negligence, professional malpractice or professional misconduct. An employee who is a qualified registered medical cannabis card holder may be considered impaired when he/she manifests specific articulable symptoms while working which decrease his or her performance of work duties such as in speech, dexterity, agility, coordination, demeanor, or exhibiting irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery, disregard for the safety of the employee or others, or involvement in an accident that results in serious damage to equipment or property, disruption of a production process, or carelessness that results in any injury to the employee or others. The Board retains the right to enforce its drug testing, zero tolerance and drug free workplace policies in a nondiscriminatory manner, and regardless of whether an employee is a registered medical cannabis card holder, and the Board may discipline an employee for violation of any workplace drug related policies. No employee whose job duties require a Commercial Driver s License (CDL) may use medical cannabis. Any such employee shall immediately notify his/her supervisor should they obtain a medical cannabis card. No College Police Officer shall use medical cannabis. Any such employee shall immediately notify his/her supervisor should they obtain a medical cannabis card. No College employee shall operate any Morton College vehicle or College rented/leased vehicle if they have ingested or consumed any cannabis or cannabis infused product. Confidentiality: The status of any person as a medical cannabis card holder is confidential and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees to perform official duties and as required by law. Procedures: Any Morton College police officer may arrest a cardholder or caregiver if any violations of Illinois law occur at the campus. Morton College is a protected institution and medical cannabis cannot be possessed or used on the property. Compliance: Violations of this Institutional Procedures, or parts thereof, may result in disciplinary action up to and including termination/expulsion. This Institutional Procedure replaces all former Procedures (1994 and 2011) 6