Subject: Drug-and Alcohol- Free Workplace
Approval Date: 03/31/89
Revision Date: 09/21/90, 09/15/05
The Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 require the University, as a recipient of federal grants and contracts, to develop a program for achieving a drug- and alcohol-free workplace. Eligibility for all future federal grants or contracts requires that a comprehensive drug and alcohol program be implemented.
ADMINISTRATION OF THE POLICY:
The Board of Regents authorizes the President to administer this policy by developing and implementing plans and procedures which will support a Drug- and Alcohol-Free Workplace.
Under the provisions of these Acts, Morehead State University prohibits the unlawful manufacture, distribution, dispensation, possession or use of illicit drugs or alcoholic beverages in the workplace. Illicit drugs are identified in Schedules I through V of Section 202 of the Controlled Substances Act and as further defined by Regulation 21 CFR 1300.11 through 1300.15. Termination procedures shall commence immediately against any employee who unlawfully manufactures, distributes, or dispenses an illicit drug or alcoholic beverage in the workplace, and notification shall be made to the proper law enforcement agencies. Termination procedures may commence immediately against any employee who unlawfully uses or possesses an illicit drug or alcoholic beverage in the workplace. Employees will be made aware of the availability of drug and alcohol awareness programs administered by the University during the initial stages of the employment process. Employees with drug or alcohol use problems are encouraged to seek help at the earliest stages.
The objective of this policy is not only to prevent drug or alcohol use in the workplace but to assist employees who may have a drug or alcohol abuse problem. Therefore, the University establishes the following rules:
1. That any employee who receives a drug- or alcohol- related conviction for a violation occurring in the workplace shall notify his/her immediate supervisor within five days after the conviction. An employee who fails to report a conviction may be subject to disciplinary action including termination.
2. That students are also included under the laws and, if convicted of certain drug-related activities, could be barred permanently from receiving federal student assistance and/or suspension from the University, and if convicted of unlawful alcohol related activities on University property or part of University activities, could be suspended from the University.
3. That directors of projects externally funded through grants and contracts shall be responsible for notifying the funding agency (after coordinating with the Office of Research, Grants and Contracts and obtaining the approval from the Office of the President) within ten days after receiving notice from an employee or otherwise receiving actual notice of an employee's drug statute conviction for a violation occurring in the workplace.
4. That immediate supervisor(s) shall be responsible for:
a. Implementing one of the following actions, within 30 days of receiving notice, against any employee who is in violation of this policy by:
(1) Taking appropriate personnel action against said employee, up to and including termination; or
(2) Requiring said employee to participate satisfactorily in a drug or alcohol abuse assistance rehabilitation program by a Federal, State, or local health, Law enforcement, or other appropriate agency.
b. Monitoring and reporting the rehabilitative progress of said employee in accordance with the terms of this policy.
5. That the Vice President for Student Life and the Director of Human Resources provide annually, in writing, to each student (regardless of the length of the student's program of study) and employee:
a. Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or as part of any University activities;
b. A description of applicable legal sanctions under local, State, or Federal law;
c. A description of health risks associated with the use of illicit drugs and the abuse of alcohol;
d. A description of available drugs or alcohol counseling, treatment, rehabilitation or re-entry programs; and
e. A clear statement of the disciplinary sanctions that the University will impose on students and employees.
6. That the Vice President for Student Life and the Director of Human Resources shall conduct a biennial review of the University's drug and alcohol abuse program to determine its effectiveness, implement needed changes, and ensure disciplinary sanctions are consistently enforced.
7. That the Office of Counseling and Health Services shall provide through its regular student drug and alcohol education and awareness programs, opportunities for University employee participation.
8. That the Office of Human Resources provide each new employee with a copy of the notification stated in paragraph 5, above.
9. That all information relating to the reporting requirements of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 shall be treated confidentially.
Employees who, either voluntarily or through referral, require professional treatment will receive counseling and/or rehabilitative services from agencies outside the University. Such services will be paid for by the individual or, if covered, under any health insurance plan the employee may have. All records developed as a result of drug or alcohol dependency will be handled on the same confidential basis as other health problems.
Reports from the treatment and rehabilitation agencies and from the employee's supervisor must indicate that the rehabilitation process is progressing satisfactorily. Such reports require confidential handling and shall be provided, through the appropriate Vice President, to the Director of Human Resources.
An employee who fails to continue an approved rehabilitation program may be subject to disciplinary action, including termination. Additionally, an employee who fails to respond to treatment and cannot perform job responsibilities satisfactorily may be terminated.
Treatment for students will be provided, monitored, and reported by the Vice President for Student Life or his/her designated representative(s).