Drug and Alcohol Policy
The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the College’s workplace is prohibited. Any employee violating this policy will be subject to disciplinary action up to and including termination. The specifics of this policy are as follows:
The College does not differentiate between drug users and drug pushers or sellers. Any employee or student who gives or in any way transfers a controlled substance to another person or sells or manufactures a controlled substance while on the job or on College premises will be subject to disciplinary action up to and including termination.
The term “controlled substance” means any drug listed in 21 U.S.C. Subsection 812 and other federal regulations. Generally, these are drugs that have a high potential for abuse. Such drugs include but are not limited to heroin, marijuana, cocaine, PCP, and crack. They also include prescription drugs that are being consumed and/or distributed illegally.
Each employee is required to inform the College within five days after he or she is convicted for violations of any federal or state criminal drug statute where such violation occurred on the College’s premises. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal or state court.
The Human Resources Office will notify the appropriate U.S. government agency within ten days after receiving notice from the employee or otherwise receiving an actual notice of such conviction.
If an employee is convicted of violating any criminal drug statute while on campus, he or she will be subject to disciplinary action up to and including termination. Alternatively, the College may require the employee to successfully finish a drug abuse program sponsored by an approved private or governmental institution as a precondition for continued employment or enrollment.
As a condition of further employment on any Federal government grant, the law requires all employees to abide by this policy.
B. Drug and Alcohol Education Prevention Program The College seeks to maintain an environment that supports the pursuit and dissemination of knowledge while providing a safe work environment and encouraging personal health. All employees share responsibility for protecting the academic environment by exemplifying high standards of professional and personal conduct. Use of illegal drugs interferes with the activities through which the goals of the College can be realized. Therefore, such practices will not be tolerated, and the College will take any and all actions necessary, consistent with law and College policy, to eliminate the use of illegal drugs and alcohol in the College community.
1. The term “drug” includes alcohol unless the context indicates to the contrary. Testing for alcohol may involve blood or Breathalyzer tests in lieu of the urine tests designed to detect the presence of drugs. All testing procedures to ensure reliability and confidentiality will apply to tests for alcohol. The drug-testing program will help protect the health and safety of the College’s employees and the general public through the early identification and referral for treatment of workers with drug use problems.
2. Any employee found with the presence of alcohol or illegal drugs in his or her system or possessing, using, selling, trading, or distributing illegal drugs or alcohol during working hours may be subject to disciplinary action up to and including termination.
3. Substance abuse includes possession, use, purchase, or sale of illegal drugs or alcohol on College premises or while otherwise on duty for the College. It also includes reporting to work under the influence of drugs or alcohol.
4. Any employee reporting for work visibly impaired is considered unable to properly perform required duties and will not be allowed to work. If possible, the supervisor will first seek another supervisor’s opinion of the employee’s status. Then the supervisor will privately consult with the employee to rule out any problems that may have been caused by medication prescribed by the employee’s physician.
5. If, in the opinion of the supervisor, substance abuse coordinator, or substance abuse coordinator designee, the employee’s condition is adversely affected, the employee will be sent home or to a medical facility by taxi or other safe transportation alternative (depending on the determination of the observed condition), accompanied by the supervisor or another employee, if necessary. An adversely affected employee should not be allowed to drive.
6. Prescription drugs prescribed by the employee’s physician may be taken during work hours provided that the employee can work safely. The employee should notify the supervisor if the use of properly prescribed prescription drugs will affect the employee’s work performance.
7. It is the responsibility of the employee’s supervisor and substance abuse coordinator to counsel with an employee whenever they see changes in performance that suggest an employee problem. The supervisor may suggest that the employee seek help from the College’s Employee Assistance Program (EAP), described elsewhere in the Employee Handbook.
C. Persons Covered
Pre-employment testing for controlled substances is a requirement for employment. Any applicant for employment to which the College intends to make an offer of employment on a nine to 12month contract basis must take a drug-screening test to determine the presence or absence of a prohibited substance.
Attached to the employment application is a consent and release form for drug testing that gives the College written permission to perform drug-screening tests and gives permission to the testing officials to report the test results to the Human Resources Director.
Only those applicants the College intends to hire on a nine to 12month contract basis are required to take a drug test, and any offer of employment is contingent upon the applicant testing negative.
Any applicant refusing to be tested or who tests positive will not be hired and is not permitted to submit another application for at least six months.
Any applicant who wants to be informed of the test results must request this information by signing the test results request form.
b. Incumbent Employees
(1) All employees are subject to being tested in the following situations:
(a) Reasonable Suspicion Testing. The College will require employees to submit to an alcohol and/or drug test when it has a reasonable suspicion to believe the employee is using, possessing, or under the influence of alcohol or drugs while on College premises, otherwise on duty, or as a result of an accident. The College’s determination that reasonable suspicion exists will be based on specific, contemporaneous, particulate observations concerning the appearance, behavior, speech, or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of illegal drugs. A trained supervisor or College official will make the required observations for reasonable suspicion testing official. The person making the determination will not conduct the alcohol and/or illegal drug test of the employee.
The College will require an employee to submit to an alcohol and/or drug test if the employee admits to illegal drugs or alcohol usage.
(2) Whenever one of these two events occurs, the employee will be transported immediately to a collection site where the testing procedures will proceed.
(3) No employee will be submitted for drug testing under this policy without the prior approval of the appropriate substance abuse coordinator(s) or designee(s). For the purpose of this procedure, the substance abuse coordinators will be (1) the Vice President of Administrative and Fiscal Services for administrative staff; (2) the Executive Vice-President; (3) the Vice President for Institutional Advancement for the resources and development staff; (4) the President for the Vice Presidents; and (5) the Board of Trustees for the President.
(4) Upon completion of the requisite procedures at the collection site and at the discretion of the supervisor(s) and substance abuse coordinator, the employee may be permitted to resume his or her duties as is safe and practical until the College receives the test results. If the test results are negative, the employee is permitted to return to work without any loss of pay. If the test results are positive, the procedures for positive test results outlined below will be followed.
(5) Prior to being tested for drugs, each employee is required to sign the consent and release form for drug testing.
(6) An employee will be immediately discharged under any of the following circumstances:
(a) When he or she refuses to sign the consent and release forms prior to being tested.
(b) When he or she refuses to take the drug test.
(c) When he or she interferes with the testing process or refuses to cooperate.
(7) When the medical review officer advises the College that the employee drug test results are verified positive, the following steps will be taken:
a. For the first test in which the employee tests positive, the following procedures will apply:
(1) The employee will be given the opportunity to enroll in a drug rehabilitation program approved by the College or the College’s Employee Assistance Program. Any employee who refuses to enroll in drug rehabilitation or who fails to successfully complete the program will be discharged from employment.
(2) An employee whose job involves a safety-sensitive function will not be allowed to continue working in that job (during the initial drug rehabilitation period). Although the College will use its best efforts to reassign the employee to a no-risk job, the College cannot guarantee that a job will be available. If there is no available job, the employee must take personal leave without pay.
(3) Once the officials of the drug rehabilitation program determine that the employee has successfully completed the program and certifies this to the College, the employee may return to work without any loss of benefits, except for salary if he or she was required to take personal leave without pay.
b. For the second test in which an employee tests positive, the employee will be discharged from employment and will not be considered for re-employment. To the extent, if any, that this conflicts with the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), or other federal or state laws, such acts and laws will control.