TAP No. 32: Drug-Free and Alcohol-Free Working and Learning Environment

TAP No. 32: Drug-Free and Alcohol-Free Working and Learning Environment

Scope

This policy applies to all University students, faculty, and staff.

Purpose

The purpose of this policy is to summarize the University's response to unlawful manufacture, distribution, possession, or unlawful use of a controlled substance or alcohol abuse while conducting University business, as well as, to maintain compliance with Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.

I. Overview

Duquesne University, in keeping with the Mission Statement of the University, is committed to the maintenance of a drug and alcohol free working and learning environment in accordance with the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.

II. Policy

1. Expectations of Employees:
   
   Employees are expected and required to report to work on time and in an appropriate physical condition for work. It is the intent of the University to provide a healthful, safe, and secure work environment free of drugs and alcohol abuse.
2. Expectations of Students:
   
   Students are expected and required to report for classes on time and in an appropriate physical condition to learn. It is the intent of the University to provide a healthful, safe, and secure learning environment free of drugs and alcohol abuse.
3. Infractions:
   
   The unlawful manufacture, distribution, possession, or unlawful use of a controlled substance or alcohol on University premises or while conducting University business off University premises is absolutely prohibited.
   
   Any University employee determined to have violated this policy is subject to disciplinary action including, but not limited to a warning, written reprimand, suspension, dismissal, and/or mandatory participation in and successful completion of a drug abuse assistance or rehabilitation program approved by an appropriate health or law enforcement agency.
   
   Likewise, a student found in violation of this policy will be subject to such disciplinary actions as described in the Code of Student Rights and Responsibilities up to and including expulsion.
4. Drug and Alcohol Dependency:
   
   The University recognizes drug dependency and alcoholism as an illnesses and a major health problem. The University also recognizes drug abuse as a potential health, safety, and security problem. Employees or students needing help in dealing with such problems are encouraged to seek assistance through University Health Services and their health insurance plans as appropriate. Conscientious efforts by employees and students to seek help will not affect University status and will be kept in strictest confidence.
5. Reporting of Convictions:
   
   Employees are required, as a condition of employment, to abide by this policy and report any conviction under a criminal drug or alcohol statute for violations occurring on or off the University premises while conducting University business. A report of a conviction must be made within 5 working days after the conviction as required by the Drug-Free Work Act of 1988, and by this policy.
   
   Failure to comply with this policy and its notice requirement may jeopardize continued research funding to the University and will be considered grounds for dismissal.

III. Procedures Related to Faculty and Staff

1. The Office of Human Resources will be responsible for advising all new employees during their orientation of the University policy concerning the maintenance of a drug-free work environment. This will apply to students employed by the University through regular employment or through the Student Aide College Work-Study Program. Periodically, the Office will reaffirm the University's commitment through special mailings or notices in University campus publications.
2. The Office of Human Resources, in cooperation with University Health Services and the Office of Sponsored Research, will maintain technical compliance with the Act by establishing procedures and programs which will include, but are not limited to:
   1. Establishment of a drug-free awareness program for employees to inform them about:
      1. The dangers of drug and alcohol abuse in the workplace.
      2. The employer's policy of maintaining a drug-free workplace.
      3. Any available drug and alcohol counseling, rehabilitation and employee assistance programs.
      4. The penalties that may be imposed upon employees for drug and alcohol abuse.
   2. Ascertain that all grant recipients and/or employees working under a grant receive a copy of the University's statement concerning drug and alcohol abuse.
   3. Notify each employee of a grant that, as a condition of employment on such grant or contract, the employee will (a) abide by the terms of the statement and (b) notify the University of any criminal drug or alcohol statute violation occurring in the workplace no later than five days after such conviction.
   4. Take appropriate personnel action up to and including termination, against employees who inform the University of a conviction or require such employees to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program.
   5. Develop other appropriate measures as necessary from time to time to ensure compliance with the Act or similar additional legislation or regulations pertaining to a working environment free of drugs and alcohol abuse.
   6. The University, in its benefits planning and development, will endeavor to provide enhanced benefit provisions to accommodate the drug counseling, rehabilitation and assistance portions of this policy, thereby assuring greater voluntary participation in these areas by reducing the financial burden on employees.

IV. Procedures Related to Students

1. The Division of Student Life, in conjunction with University Health Services, will be responsible for advising all students of policies concerning the "Drug-Free Schools and Communities Act Amendments of 1989," and more specifically will distribute the following:
   1. Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of drugs and alcohol by students.
   2. A description of the applicable legal sanctions under Local, State, and Federal law for unlawful possession, use, or distribution of illicit drugs and alcohol.
   3. A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.
   4. A description of any drug and alcohol counseling, treatment, or rehabilitation programs that are available to students.
   5. A statement that Duquesne will impose sanctions on students (consistent with local, State, and Federal law) and a description of these sanctions, up to and including expulsion.

V. Miscellaneous

Each employee and student is ultimately responsible for the maintenance of a drug and alcohol free working and learning environment through voluntary adherence to this policy.

Questions concerning the interpretation or implementation of this policy should be directed to the appropriate Divisional Vice President or to the Chief Human Resources Officer.

VI. Related Information

VII. Violations

Violations of this policy will be reviewed on a case-by-case basis and are subject to formal disciplinary action up to and including termination of employment.

VIII. History

Date of most recent revision: April 2005.

IX. Ownership of Policy

Office of Human Resources