Substance Abuse
Current Version Approved: October 2005
Responsible Office: Director, Human Resources
- PURPOSE
To comply with relevant laws related to the abuse of controlled substances and help provide for a healthy and safe university community for employees, students, the local community and campus visitors. In addition, it is the intent of the University to offer support and possible solutions to employees who are struggling with alcohol or drug-related problems.
- AUTHORITY
In addition to the Drug-Free Workplace Act of 1988 (US Code Title 41, Chapter 10, Section 701), Drug Free Schools and Communities Act of 1989, and the Commonwealth of Virginia's Policy on Alcohol and Other Drugs, the university, as an institution of higher education receiving federal funds, must comply with the requirements of federal regulations concerning drug and alcohol abuse prevention. See US Code Title 20, Chapter 28, Subchapter 1, Part B, Section 1011i. The law requires that, as a condition of receiving funds or any other form of financial assistance under any federal program, including participation in any federally funded or guaranteed student loan program, an institution of higher education must certify that it has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a minimum, includes -
2.1 The annual distribution to each student and employee of -
- 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 the institution's property or as part of any of the institution's activities;
- A description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;
- A description of the health-risks associated with the use of illicit drugs and the abuse of alcohol;
- A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and
- A clear statement that the institution will impose sanctions on students and employees (consistent with local, state, and federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by subparagraph (A);
2.2 A biennial review by the institution of the institution's program to -
- Determine the program's effectiveness and implement changes to the program if the changes are needed; and
- Ensure that the sanctions required by paragraph (1)(E) are consistently enforced.
- DEFINITIONS
Alcohol:
Any product as defined in "The Alcoholic Beverage Control Act," section 4-1-100 of the Code of Virginia, as amended.
Conviction:
A finding of guilt (including a plea of guilty or a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug laws, alcoholic beverage control laws, or laws which govern driving while intoxicated.
Criminal Drug Law:
Any criminal law governing the manufacture, distribution, dispensation, use, or possession of any controlled substance.
Controlled Drug:
Any substance as defined in the "Drug Control Act," Title 54.l, Chapter 34 of the Code of Virginia, as amended, and whose manufacture, distribution, dispensation, use, or possession is controlled by law.
University Employee:
All employees: Classified employees, faculty members, administrative and professional faculty and wage employees. Temporary and part-time staff and faculty are identified as employees.
Other Drug:
Any substance other than alcohol, taken into the body, which may impair mental faculties and/or physical performance.
Supervisor:
The person immediately responsible for an employee's workplace and performance.
Workplace:
Any University owned or leased property or any site where official duties are being performed by a University employee.
- APPLICABILITY
This policy is applicable to all employees of the university, whether classified or non-classified, full- time or part-time salaried or hourly, and includes all instructional and administrative & professional faculty. - POLICY
5.1 Each of the following acts by university employees is prohibited under this policy:
- The unlawful or unauthorized manufacture, distribution, dispensation, possession, or use of alcohol or other drugs in the workplace;
- The impairment in the workplace from the use of alcohol or other drugs (except the use of drugs for legitimate medical purposes);
- The criminal conviction for a:
- Violation of any criminal drug law, based upon conduct occurring either on or off the workplace; or
- Violation of any alcoholic beverage control law, or law which governs driving while intoxicated, based upon conduct occurring in the workplace;
- The failure to report to their supervisors that they have been convicted of any offense described above within five calendar days of the conviction.
5.2 Health Risks
See Appendix D
5.3 Rehabilitation Programs
University employees with drug or alcohol problems are encouraged to seek counseling assistance.
Supervisors are encouraged to assist employees seeking such counseling and should consult with the Employee Assistance Program administered by Value Options Network prior to referring an employee to a rehabilitation program.
- Value Options Network is the administrator for the mental illness and substance abuse services. Eligible services must be pre- authorized by Value Options (1- 866- 725- 0602), a referral from your Primary Care Physician is not necessary.
- The Employee Assistance Program (EAP) is a confidential assessment, referral, and short- term problem solving service available to all classified employees, faculty, and qualified members of their households who are covered by COVACare. To access this program, call 1-866-725-0602.
- In addition, an Employee Assistance Program for counseling and referral for alcohol and other drug related problems is available to all state employees who are covered under the COVACare plan. State agencies, such as the Department of Mental Health, Mental Retardation and Substance Abuse Services, the Department of Health, the Department of Rehabilitative Services, and the Department for Rights of Virginians with Disabilities may be contacted to provide assistance and referral information.
When seeking assistance for alcohol and other drug problems, employees are encouraged to consult with the Employee Assistance Program to determine appropriate rehabilitation programs. Not all programs are licensed, accredited, or covered under employees' health care plans. The Human Resources office can provide information about health insurance coverage.
At the discretion of the supervisor, University employees may be granted leaves of absence (leave without pay if no leave balances are available) from work to participate in rehabilitation programs for treatment of alcohol and other drug problems. - PROCEDURES
Confidentiality and Maintenance of Records
All records and information concerning personnel actions that are related to this policy shall remain confidential and only be disclosed with the employee's permission, or when the University determines that disclosure is necessary for the efficient operation of the University.
- RESPONSIBILITIES
7.1 Employee Responsibilities
All employees shall abide by the terms of the university's Policy on Alcohol and Other Drugs and applicable disciplinary policies.
Employees who are convicted of violating 1) a criminal drug law, based on conduct occurring on or off the workplace, or 2) an alcoholic beverage control law or law that governs driving while intoxicated, based on conduct occurring in the workplace, must notify their supervisors of such conviction. Such notification must be in writing and must be made no later than five (5) calendar days after such conviction. Appealing the conviction does not affect the requirement to notify the supervisor of the conviction.
7.2 University/Supervisor Responsibilities
- The Drug-Free Schools and Communities Act Amendments of 1989 requires management to disseminate supplemental information related to federal trafficking penalties and controlled substances (Attachment B).
- The university must provide a copy of this policy annually to all employees.
- Employees shall be required to sign a form indicating receipt of the policy.
- A copy of the policy shall be posted in a conspicuous place(s) in the workplace.
- The university is dedicated to assuring fair and equitable application of this policy. Therefore, supervisors are encouraged to use and apply all aspects of this policy in an unbiased and impartial manner.
- The university representatives shall be responsible for training supervisors on: How to recognize behaviors that may indicate impairment from alcohol or drug use; appropriate referral techniques; and available resources for drug and alcohol rehabilitation.
- The university shall inform, on an ongoing basis, all employees of:
- The dangers of alcohol and other drug use or abuse in the workplace;
- Available alcohol and other drug counseling;
- Available approved rehabilitation and employee assistance programs, and
- The penalties that may be imposed upon employees for the commission of prohibited acts under Article II.
- The university shall inform the federal contracting or granting agency within ten (10) calendar days after receiving notice that an employee covered under the federal Drug-Free Workplace Act has been convicted of a criminal drug law violation occurring in the workplace.
- The supervisor shall, within 30 calendar days of receiving notice of any employee's criminal conviction, or any other violation of this policy, take appropriate disciplinary action against such employee and/or require such employee to participate satisfactorily in an alcohol or other drug rehabilitation program. Satisfactory participation shall be determined by the university after:
- Presentation of adequate documentation by the employee (it is within the University's discretion to determine what documentation it will require); and/or
- Consultation with the Employee Assistance Service or any rehabilitation program (provided that, if consultation is to be with a program that treated the employee, the prior consent of the employee must be obtained).
- The university will require contractors working on university work sites to certify that they will comply with Section 5 of this policy.
- The Drug-Free Schools and Communities Act Amendments of 1989 requires management to disseminate supplemental information related to federal trafficking penalties and controlled substances (Attachment B).
- SANCTIONS
(Appendices A, B, & C provide considerable details concerning sanctions related to this policy by listing Federal, State and University sanctions possible in a violation.)
Any employee who commits any prohibited act shall be subject to the full range of disciplinary actions pursuant to applicable disciplinary policies up to and including termination, e.g., the Standards of Conduct and Performance Policy. (See Appendix A.) The severity of the disciplinary action chosen must be decided on a case-by-case basis depending on the circumstances of each case. Among the mitigating circumstances that may be considered is whether the employee voluntarily admits to and seeks assistance for an alcohol or other drug problem.
Any supervisor who knowlingly disregards the requiremnts of this policy, or who is found to have deliberately misused this policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination. - EXCLUSIONS
Not applicable
- INTERPRETATION
The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.
Approved:
July 2002
Linwood H. Rose, President
Index Terms
Alcohol
Drugs
Controlled Substances
Employee Assistance Program
Drug Abuse
Alcohol Abuse
Drug Possession
Appendices
Appendix A
Appendix B
Appendix C
Appendix D