SUBSTANCE ABUSE

All Employees are prohibited from manufacturing, cultivating, distributing, dispensing, possessing, or using illegal drugs and marijuana (regardless of prescription) or other unauthorized or impairing substances while on University property (including parking areas and grounds), or while otherwise performing their work duties away from the University’s premises. Included within this prohibition are lawful controlled substances which have been illegally or improperly obtained. This Policy does not prohibit the possession and proper use of lawfully prescribed drugs, other than marijuana, taken in accordance with the prescription.

Employees are also prohibited from having any such illegal or unauthorized controlled substances (and marijuana regardless of prescription), or having excessive amounts of controlled substances, in their system while at work. This Policy does not apply to the authorized dispensation, distribution, or possession of legal drugs where such activity is a necessary part of an Employee’s assigned duties.

All Employees are prohibited from distributing, dispensing, possessing, or using alcohol while at work or on duty. Furthermore, off-duty alcohol use, while generally not prohibited by this Policy, must not interfere with an Employee’s ability to perform the essential functions of their job. From time to time, the University may host events where alcohol is served. During these authorized University events, Employees in attendance are permitted to engage in moderate consumption of alcohol that is served. Employees are expected to exercise good personal judgement concerning alcohol consumption and must not overindulge.

Prescription Drugs

With the exception of medically prescribed marijuana, the proper use of medication lawfully prescribed by a healthcare provider is not prohibited; however, the University does prohibit the misuse of prescribed medication. Drug use may affect job performance, such as by causing dizziness or drowsiness. Employees are required to disclose any medication that may cause a risk of harm to themselves or to others in performing their job duties. It is the Employee’s responsibility to determine from their healthcare provider whether a prescribed drug may impair their job performance, safety, or the safety of others.

Notification of Impairment

It shall be the responsibility of each Employee who observes or has knowledge of another Employee in a condition that impairs the Employee in the performance of their job duties, or who presents a hazard to the safety and welfare of others, or is otherwise in violation of this Policy, to promptly report that fact to their Manager or Human Resources.

Who is Tested?

Employees may be required to submit to drug or alcohol screening whenever the University has a reasonable suspicion that they have violated any of the rules set forth in this Policy. Reasonable suspicion may arise from, among other factors, supervisory observation, Co-worker reports or complaints, performance decline, attendance or behavioral changes, results of searches or other detection methods, or involvement in a work-related injury or accident that may have been caused by drug or alcohol impairment. Injury or accident-based testing does not apply where the incident or accident is unlikely to have occurred as a result of drug or alcohol use, or where the cause of the incident or injury is known or clear (e.g., back sprains from lifting a heavy object, bug bites that require treatment, etc.).

Additionally, Employees in safety-sensitive positions may be tested on a random or periodic basis to the extent permitted by applicable state and federal laws.

Discipline

Violation of this Policy or any of its provisions may result in disciplinary action, up to and including separation of employment.

Enforcement Policy

In order to enforce this Policy and procedures, the University may investigate potential violations and require Employees to undergo drug or alcohol screening, including urinalysis, blood tests, or other appropriate tests and, where appropriate, searches of all areas of the University’s physical premises, including, but not limited to, work areas, personal articles, Employees’ clothes, desks, work stations, lockers, and personal and University vehicles. Test results will be kept confidential by the University. Employees will be subject to disciplinary action, up to and including separation of employment for refusing to cooperate with searches or investigations, refusing to submit to screening, tampering with any screening sample, or for failing to execute consent forms when required by the University.

Investigations/Searches

Where a Manager or Supervisor has reasonable suspicion that an Employee has violated the Substance Abuse Policy, the Manager or Supervisor, or their designee, may inspect vehicles, lockers, work areas, desks, purses, briefcases, backpacks, and other locations or articles without prior notice in order to ensure a work environment free of prohibited substances. An Employee may be asked to be present and remove a personal lock from a locker or locked container. A locked locker or container does not prevent the University from searching such article; therefore, Employees should have no expectation of privacy in personal belongings brought onto University premises and locked in a locker or locked container. Where Employees are not present or refuse to remove a personal lock, the University may do so for them, and compensate the Employees for the lock.

What Happens When an Employee Tests Positive for Prohibited Substances?

Any Employee who tests positive in a confirmed substance test will be subject to disciplinary action, up to and including separation of employment.