Responsible Office: Human Resources Approved By: President's Council Approved Date: 11/1/2011 Effective Date: 11/1/2011 Category: Faculty and Staff Description/Purpose: Employee Drug and Alcohol Policy Details: Policy Statement Saint Francis University affirms that illegal drug use is unlawful and harmful. The use of illegal drugs and alcohol abuse by students and employees may result in cognitive deficits, loss of productivity and other health risks. In accordance with the Drug-Free Workplace Act and the Drug Free Schools and Communities Act, the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on any site owned, leased or utilized by the University. Saint Francis University has established a drug and alcohol abuse prevention program for students and employees. Students and employees receive material annually that contain standards of conduct, a description of the various laws that apply in that jurisdiction regarding alcohol and drugs, a description of the various health risks of drug and alcohol abuse, a description of counseling and treatment programs that are available, and a statement regarding the sanctions the University will impose for a violation of the standards of conduct. Application of Policy This policy applies to all employees. Compliance with this policy is considered a condition of employment. This policy applies to any site owned, leased or utilized by the University. It also applies to on campus activities and off campus activities such as field trips, student-sponsored social activities, or professional meetings attended by employees that are sponsored by the University. Definitions
Education Alcohol and Drug educational sessions/training/materials may be obtained on campus through the Alcohol and Drug Education Center. The Alcohol and Drug Education Center offers programming year round, and is open to all members of the Saint Francis University Community. Processes Reporting Violations Any employee who reports to work appearing to be under the influence of alcohol or drugs or who is seen drinking or taking drugs on the campus during work hours (other than those commonly taken to relieve illness or prescribed by a physician) should immediately be reported to the Director of Campus Safety and Police. The Director of Campus Safety and Police will inform the employee's supervisor and the Director of Human Resources. Employees are required to notify the University of any criminal drug statute conviction for a violation occurring on any site owned, leased or utilized by the University. Upon notification, the University will take one of the following actions within 30 days: A convicted employee may be terminated or suspended from employment or required to participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local law or other appropriate agency. For-Cause Test By its very nature, for-cause testing is based upon indicators of drug or alcohol usage and results in treatment for the employee in most cases. With this in mind, the University may request an employee, as a condition of his or her employment, to undergo drug and/or alcohol testing if the University has a reasonable belief that the employee may have violated the Drug and Alcohol policy. Such reasonable belief may be based on, but not limited to, the following factors:
Discipline An employee who (i) refuses to submit to a drug and/or alcohol test in accordance with the provisions of this policy, or (ii) refuses to fill out and sign the written consent form agreeing to submit to the testing and permitting Saint Francis University to be apprised of the testing results (Consent Form), will be immediately terminated. An employee who switches or alters any sample submitted for testing will be immediately terminated. An employee who is determined, as a result of a drug and/or alcohol test, to have used illegal drugs or alcohol in violation of the University's Drug and Alcohol Policy will be subject to immediate disciplinary action which may include termination of employment. Confirmatory Testing If any employee tests positive for use of illegal drugs, a confirming test using the GCMS test automatically will be conducted on the employee's original specimen. The University will bear the costs of both tests. If the second test confirms the initial positive result, a physician at the facility doing the testing will review the test results to determine if a legitimate medical reason exists for the positive result. Any subsequent action will be based on the physician's findings. If any testing procedure indicates that an employee has used illegal drugs or alcohol in violation of this policy, the employee may elect to provide, in writing, information to rebut and/or explain the results of the test. This information will be evaluated by a physician at the facility that performed the testing, and a determination as to the appropriate subsequent action will be made. Additionally or alternatively, in a situation involving a drug test, an employee may have a second confirmatory drug test performed. Where the employee's urine initially was tested, the confirmatory test will be performed on the original urine sample. Where the employee's hair initially was tested, a new hair sample will be collected and tested. The employee must pay for the confirmatory test before it is performed. If the confirmatory test indicates the employee has not used illegal drugs in violation of the University's Drug and Alcohol policy, any subsequent action will be based on the results of the confirmatory test. In addition, the University will reimburse the employee for the costs of confirmatory testing, and will purge the employee's record of the results of the initial test. If the confirmatory test indicates the employee has used illegal drugs in violation of the University's Drug and Alcohol policy, the results of the initial test will control for the purposes of any subsequent action. Return to Work and Follow up Drug and alcohol testing is required for any employee who returns to work after testing positive. An employee may not return to work until an evaluation by a substance abuse professional is completed and a negative test result is reported to the University by a medical review officer. Follow up testing will include at least one unannounced test during the first year after returning to work. The employee must continue to follow the recommendations of the substance abuse professional until the substance abuse professional determines care is completed. Consequences of Policy Violation Any employee who engages in prohibited conduct as set forth herein will be subject to disciplinary action, up to and including termination of employment. The employment of any individual who tests positive for alcohol and/or illegal drugs, or who refuses a test under this policy, will be subject to disciplinary action, up to and including termination of employment. Under appropriate circumstances, counseling and treatment may be options considered for violations of this policy at the employees expense. Any discipline imposed under this policy will be determined in compliance with the Employee Code of Conduct policy set forth in the Personnel Handbook, as applicable. Any questions regarding this policy or the Universitys drug and alcohol testing program should be directed to the Director of Campus Safety and Police. |