Skip to content

Policy 5-113: Drug-Free Workplace

Revision 0. Effective date: February 11, 1991

View PDF

  1. Purpose and Scope
  2. Definitions
  3. Policy
  4. Procedure
  5. Policies/ Rules, Procedures, Guidelines, Forms and other Related Resources
  6. References
  7. Contacts
  8. History

  1. Purpose and Scope‌

    1. Purpose.

      To provide policy, procedures, and programs for the maintenance of a drug-free workplace that apply to all employees, as defined in Policy 5-001: Employee Definitions and to provide opportunities and information for rehabilitation and assistance for employees with drug related work problems, in accordance with federal requirements; and to provide for compliance with federal law requiring a program to prevent the illicit use of drugs and the abuse of alcohol.

    2. Scope.


  2. Definitions‌

    The following definitions apply for the limited purposes of this policy and any associated regulations.

    1. Disciplinary Action: Employment related action undertaken to correct or modify unacceptable job performance or behavior to acceptable standards.

    2. Employee: As defined in Policy 5-001: Employee Definitions.

    3. Sanctions: All disciplinary action that may be taken against staff pursuant to Policy 5-111 and against the faculty pursuant to Policy 6-316.

    4. Conviction: Finding of guilt for a crime by a court of competent jurisdiction, including a "No Contest" plea.

    5. Workplace: Any location operated and maintained by the University.

    6. Work Off Campus: Performance of official University business by an employee at any time and at any place away from the university.

    7. Controlled Substance: Any controlled substance in schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812). A copy of these schedules is available for review by any member of the University community in the Office of Personnel and Benefits and Student Counseling.

    8. Criminal Drug Statute: A criminal drug statute involving the manufacture, distribution, dispensation, use or possession of any controlled substance.

    9. Relevant employee definitions are defined in Policy 5-001.

  3. Policy‌

    1. It is University policy to maintain a drug-free workplace. It shall be a violation of this policy for employees to engage in the unlawful manufacture, distribution, dispensation, possession, and/or use of a controlled substance or alcohol at University workplace, or while engaged in university business off campus.

    2. Any person accepting employment with the University agrees to abide by the terms of this policy and procedure.

    3. As a condition of employment, a University employee assigned to a federal contract or grant, agrees to notify the employee's supervisor of any conviction for a violation of a criminal drug statute if the violation occurs in the workplace or while the employee is engaged in University work off campus.

      1. This notification must be made no later than five (5) calendar days after a conviction for violation of a criminal drug statute.

      2. Within thirty (30) calendar days of notification of a conviction of a criminal drug statute, the university will take appropriate actions as described in paragraph D. below.

    4. Any employee of the University who violates this policy, or who has been convicted of a violation of a criminal drug statute while assigned to work on a federal contract or grant as described in paragraph C. above, may be required to participate in a drug or alcohol abuse assistance or rehabilitation program approved by the Vice President for Human Resources in accordance with federal law; and/or may have disciplinary action and sanctions imposed. Whenever permitted by University regulations, rehabilitation is to be preferred to discipline for violations of this section.

    5. Annually the University will distribute information about the program to prevent the illicit use of drugs and the abuse of alcohol by students and employees as required by federal law.

    6. Biennially, the University will conduct a review of its program to determine its effectiveness, to implement changes if needed, and to ensure that sanctions are consistently enforced.

  4. Procedure‌

    1. The Office of the President shall periodically inform all employees of this policy and its contents. Human Resources shall inform new employees holding benefits eligible positions of the policy. Departments will also provide policy notification to all employees holding non-benefits eligible positions.

    2. The University shall operate an ongoing Drug-Free Awareness Program to inform employees and supervisors about:

      1. The health risks of illicit use of drugs and the abuse of alcohol.

      2. Any available drug and alcohol counseling, rehabilitation, and employee assistance programs.

    3. If an employee is engaged in the performance of federal contracts and is convicted under a criminal drug statute occurring at a University workplace or while engaged in University work off campus, the following actions shall be taken:

      1. The employee shall notify the employee's supervisor of the conviction under a criminal drug statute within five (5) days of the conviction.

      2. The supervisor shall contact the Vice President for Human Resources within two (2) work days following notification of the conviction under a criminal drug statute.

      3. The Vice President for Human Resources shall then inform the Vice President for Research who shall notify the appropriate federal agency within ten (10) calendar days of receipt of a notice of conviction under a criminal drug statute.

      4. Within thirty (30) days after receiving notice of conviction under a criminal drug statute, appropriate action shall be taken in accordance with paragraph IV. D. above.

        Sections IV- VII are for user information and are not subject to the approval of the Academic Senate or the Board of Trustees. The Institutional Policy Committee, the Policy Owner, or the Policy Officer may update these sections at any time.

  5. Policies/ Rules, Procedures, Guidelines, Forms and other Related Resources‌

    1. Policies/ Rules. [ reserved ]

    2. Procedures, Guidelines, and Forms. [ reserved ]

    3. Other Related Resources. [ reserved ]

  6. References‌

    1. Federal Law, Drug-Free Workplace Act of 1988

    2. Federal Law, Drug-Free Schools and Communities Act Amendments of 1989

    3. Policy 5-205: Code of Conduct for Staff

    4. Policy 6-316: Code of Faculty Rights and Responsibilities

    5. Policy 5-111: Corrective Action and Termination for Staff

    6. Tobacco Free Campus Guidelines

  7. Contacts‌

    The designated contact officials for this Regulation are

    1. Policy Owner(s) (primary contact person for questions and advice): Director of Benefits for Human Resources and Director of Employee Relations for Human Resources

    2. Policy Officer(s): Vice President for Human Resources

      See Rule 1-001 for information about the roles and authority of policy owners and policy officers.

  8. History‌

    Revision History.

    1. Current version. Revision 0.

      1. Approved by -- Academic Senate February 4, 1991 and Institutional Council February 11, 1991, with effective date of February 11, 1991.

      2. Editorial Revisions

        1. Editorially revised February 28, 2023 to move to current regulations template

        2. Editorially revised March 4, 2022 to replace gender-specific pronouns

        3. Editorially revised October 11, 2011 to reflect the changes in employee definitions as set forth in Policy 5-001.

    2. Previous versions. [reserved]

    3. Renumbering

      1. Renumbered from Policy and Procedures Manual 2-12.

Last Updated: 6/15/23