ALCOHOL AND DRUG-FREE WORKPLACE POLICY. (Includes Higher Education Opportunity Act Compliance Statement)

Transcription

1 ALCOHOL AND DRUG-FREE WORKPLACE POLICY (Includes Higher Education Opportunity Act Compliance Statement)

2 TABLE OF CONTENTS Page I. DRUG-FREE WORKPLACE POLICY... 1 A. Statement of Compliance with Federal Drug-Free Statutes Scope Statement of Prohibited Activity Notice of Potential Sanctions Summary of Health Risks Associated with Illicit Drug Use and Alcohol Abuse Summary of Local Alcohol and Drug Abuse Resources Medical Marijuana Notification of Federal Agencies about Employees Opportunity for Rehabilitation Compliance With Disability Laws Statement on Confidentiality... 5 II. DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM... 5 A. Statement of Compliance with the Higher Education Opportunity Act Annual Distribution to Employees and Students Biennial Review of Drug and Alcohol Abuse Prevention Program... 6 i

3 I. DRUG-FREE WORKPLACE POLICY [NOTE: This policy applies to any board member, employee, independent contractor, vendor, alumni, volunteer, student or OTHER individual who conducts business for Schreiner University. A. Statement of Compliance with Federal Drug-Free Statutes The Drug-Free Workplace Act of 1988 requires recipients of federal grants and certain federal contracts to certify that they will provide a drug-free workplace. Employees (including Work Study students) who are engaged in projects relating to federal grant awards must abide by Schreiner University s drug-free policy to avoid loss of the federal grant or contract. As part of this policy, Schreiner University has also adopted a drug-free awareness program and a drug testing program, as noted below. Schreiner University has developed this policy not only in response to the federal drugfree legislation, but also to attempt to provide a healthy environment by preventing the use of illegal drugs or the abuse of alcohol within Schreiner University s community. Schreiner University is committed to protecting the safety, health and well being of all employees and other individuals in our workplace. We recognize that alcohol abuse and illegal drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drugfree environment. Schreiner University encourages employees to voluntarily seek help with drug and alcohol problems. 1. Scope Schreiner University requires the cooperation of the entire campus community in its pursuit to maintain a drug-free environment. Any Board member, employee, independent contractor, vendor, alumni, volunteer, student or other individual who conducts business for Schreiner University, is applying for a position, or is conducting business on Schreiner University s property ( Covered Individuals ) is covered by our Drug-Free Workplace Policy. This policy is distributed annually through the applicable handbooks. This Drug-free Workplace Policy is intended to apply whenever anyone is representing or conducting business for Schreiner University. Therefore, this policy applies whenever conducting business or representing the organization and at Schreiner University-sponsored events. 2. Statement of Prohibited Activity Schreiner University prohibits the unlawful manufacture, distribution, dispensation, sale, purchase, transfer, possession, or use of controlled substances and alcohol by Covered Individuals on campus and Schreiner University s property or at any Schreiner Universitysponsored or Schreiner University-related function, whether on or off-campus. The term campus is defined as any building or property owned or controlled by the Schreiner University within a reasonably contiguous geographic area used in direct support of the Schreiner University's educational purposes or used by students and supporting Schreiner University. It is 1

4 a violation of our Drug-Free Workplace Policy to use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs, or intoxicants. However, this policy does not prohibit the lawful and nonexcessive consumption of alcohol by persons of legal age at Schreiner University-sponsored social events or when acting as the Schreiner University s representative at a third-party event or personal consumption unrelated to Schreiner University. 3. Notice of Potential Sanctions Schreiner University expects its employees to obey the laws established and enforced by local, state and federal agencies concerning the possession, use or distribution of illegal drugs. Schreiner University is also opposed to the illegal or irresponsible use of alcohol and expects its employees to obey both its regulations and the local, state, and federal laws concerning the possession, use, or distribution of alcoholic substances. One of the goals of Schreiner University s drug-free workplace program is to encourage individuals to voluntarily seek help with alcohol and/or drug problems. If, however, a Covered Individual violates the Drug-Free Workplace Policy, the consequences are serious. a. Summary of Schreiner University s Disciplinary Sanctions Any Covered Individual who violates this policy, any city ordinances, state criminal laws, or federal laws relating to alcohol or drug use, or who does not cooperate with Schreiner University in its attempts to maintain a drug-free environment, will face appropriate disciplinary action up to and including expulsion or dismissal from Schreiner University, cancellation of their contract or other appropriate responsive action. Schreiner University action may also take such forms as education, counseling or referral to rehabilitation programs, referral to outside agencies, or suspension. Successful completion of counseling or rehabilitation may be a condition of re-employment. Student-employee violations may be brought to the attention of the Dean of Students and may be subject to action by Schreiner University's Judicial Board. In addition, Schreiner University officials will cooperate with legal authorities whenever necessary, including making referrals for prosecution, in compliance with local, state and federal laws. A summary of legal sanctions is provided below. b. Summary of Legal Sanctions Covering Alcohol and Controlled Substances Under federal, state, and local laws, illegal use of drugs and alcohol are serious crimes. Conviction can lead to imprisonment, fines, and assigned community service work. Courts do not lift prison sentences to allow convicted persons to continue their jobs, and a felony conviction can prevent individuals from entering many fields of employment. In addition, persons convicted of possession of controlled substances are ineligible for federal student grants and loans for up to one year after the first conviction and five years after the second. 2

5 Penalties for possession of controlled substances vary according to the drug, the amount involved, and whether conviction is for a first or subsequent offense. While penalties for possession are generally not as great as for distribution, possession of a relatively large quantity may be considered distribution and many laws dictate mandatory prison terms, with the full minimum being served. Under federal law, a first conviction for simple possession can bring up to one year in prison and a minimum $1,000 fine. A second conviction is punishable by at least 15 days and up to two years in prison and a minimum fine of $2,500. After two or more prior convictions, the penalties increase to at least 90 days and up to three years in prison and a minimum $5,000 fine. The penalties for a first conviction for simple possession of more than five grams of any mixture or substance containing a cocaine base is imprisonment for five to twenty years and a minimum $1,000 fine. Offenses that are punishable by more than one year imprisonment may also result in forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance. A list of up-to-date federal penalties for drug trafficking is available on the U.S. Drug Enforcement Administration web site at Texas Law Offense / Authority Minimum Punishment Maximum Punishment Manufacture or delivery of controlled substances (drugs) Health & Safety Code Possession of controlled substances (drugs) Health & Safety Code Delivery of Marijuana Health & Safety Code Driving While Intoxicated (Includes intoxication from alcohol, drugs or both) Public Intoxication Confinement in the Texas Department of Corrections (TDCJ) for a term of no more than 10 years or less than 2 years, or confinement in a community correctional facility for not more than 1 year, and a fine not to exceed $10,000. Confinement in jail for a term of not than 180 days, and a fine not to exceed $1,000. Confinement in jail for a term of not than 180 days, and a fine not to exceed $1,000. Confinement in jail for a term of not more than two years or less than 72 hours, and a fine of not more than $2,000 or less than $100. Confinement in TDECJ for life or for a term of not more than 99 years or less than 20 years, and a fine not to exceed $500,000. Confinement in TDCJ for life or for a term of not more that 10 years, and a fine not to exceed $1000,000. Confinement in TDCJ for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000. Confinement in jail for a term of not more than two years or less than 30 days, or confinement in TDCJ for a term of not more than 5 years or less than 60 days, and a fine of not more than $2,000 or less than $500. A fine not to exceed $200. 3

6 1. Summary of Health Risks Associated with Illicit Drug Use and Alcohol Abuse Illicit drug use and abuse of alcohol present several health risks, including: blackouts, alcohol poisoning, and overdose; physical and psychological dependence; damage to vital organs such as the brain, heart, and liver; inability to learn and remember information; psychological problems including depression, psychosis, and severe anxiety; withdrawal symptoms, tremors and cramps; impaired judgment and coordination that may increase risk of assault and rape, DUI/DWI arrests, hazing, falls, drowning, contracting sexually-transmitted infections including AIDS, and unwanted or unplanned sexual experiences and pregnancy. Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, and moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person s ability to learn and remember information. Very high doses cause respiratory depression and death. Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions, and alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver. 2. Summary of Local Alcohol and Drug Abuse Resources Alcoholics Anonymous Support for recovering alcoholics Narcotics Anonymous Support for recovering addicts Kerr Country Independence House Kerr County Mental Health Center Drug and alcohol treatment center Mental health treatment center Hill Country Council on Alcohol and Drug Abuse Assessment and counseling for drug and alcohol abuse University Mental Health Counselor General counseling, alcohol/drug counseling Employee Assistance Program Counseling Services/Referral for employees (for more info see HR) Psychology-Counseling, Caroline Williams, Ph.D Psychological testing and counseling services Starlite Village Hospital Drug and alcohol treatment center 4

7 1. Medical Marijuana Although state law may permit the use of medical marijuana, i.e., use by persons possessing lawfully issued medical marijuana cards, federal laws prohibit marijuana use, possession, and/or cultivation at educational Schreiner University s and on the premises of other recipients of federal funds. The use, possession, or cultivation of marijuana for medical purposes is therefore not allowed on any other Schreiner University property; nor is it allowed at any Schreiner University-sponsored event or activity off campus. 2. Notification of Federal Agencies about Employees The federal government requires that each employee directly engaged in the performance of work under a federal grant or contract must a) be provided with a copy of a statement describing the employer's policy, and b) be notified that, as a condition of employment on that grant or contract, the employee will abide by the terms of the policy and will notify the employer if he or she is convicted of any criminal drug statute violation in the workplace no later than five days after such a conviction. Employees are required to notify Schreiner University of any drug conviction resulting from a violation in the workplace no later than five days after the conviction. Notification should be made to the Human Resources Director. Schreiner University, in turn, is required to notify any awarding federal agencies of any convictions. Notification of the federal agencies will be made by the Human Resources Director. Department heads and other supervisors, in consultation with the Human Resources Office, will have the responsibility for any disciplinary action, or for requiring offenders to participate satisfactorily in an approved drug treatment program, or both. 3. Opportunity for Rehabilitation Following a violation of the Drug-Free Workplace Policy, depending on the nature and severity of the violation, a Covered Individual may be offered an opportunity to participate in rehabilitation. In such cases, the Covered Individual must sign and abide by the terms set forth by Schreiner University as a condition of remaining on campus. 4. Compliance With Disability Laws Schreiner University recognizes chemical dependency as a treatable illness and may provide a reasonable accommodation for eligible Covered Individuals who require leave for rehabilitation. Schreiner University reserves the right to require that employees comply with its Code of Conduct, regardless of the employee's chemical dependency status. Nothing in this policy prohibits a Covered Individual from being disciplined or discharged for other violations and/or performance problems. Eligible Covered Individuals who are diagnosed as chemically dependent will be treated in the same manner as employees with other types of illnesses with the coverage being limited by the insurance coverage provided by the group health insurance plan. On the basis of proper medical certification of chemical dependency, they will qualify for the same employee benefits and group insurance coverage which are provided for other medically certified illnesses covered in employee benefit plans, except as may be limited by the specific benefit plans concerned. While treatment for alcoholism and/or other drug use disorders may be covered by the employee 5

8 benefit plan, the ultimate financial responsibility for recommended treatment belongs to the employee. Schreiner University's employee group medical insurance coverage for in-patient and out-patient treatment is detailed in the employee's and Schreiner University s master policy. Schreiner University cannot accommodate requests for accommodations pertaining to the use prescription marijuana or other prescribed drugs that are unlawful under federal law. 5. Statement on Confidentiality All information received by Schreiner University through the drug-free workplace program is confidential. Access to this information is limited to those who have a legitimate business need to know in order to comply with relevant laws and management policies. The confidential nature of medical records of employees with chemical dependency will be preserved in the same way as for other medical records. II. DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM [NOTE: THIS POLICY APPLIES TO EMPLOYEES AND STUDENTS] A. Statement of Compliance with the Higher Education Opportunity Act The Higher Education Opportunity Act (HEOA) requires Schreiner University s that are recipients of federal funds to certify to the United States Secretary of Education that they have adopted and implemented programs to prevent the use of illicit drugs and the abuse of alcohol by employees and students. As part of this policy, Schreiner University has adopted a Drug and Alcohol Abuse Prevention Program, as noted below. 1. Annual Distribution to Employees and Students Pursuant to the requirements of the HEOA, Schreiner University s Drug and Alcohol Abuse Prevention Program includes an annual distribution in writing to each employee, and to each student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student's program of study, of the following: a) Schreiner University s standards of conduct, which prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities; b) A description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol; c) A description of the health risks associated with the use of illicit drugs and the abuse of alcohol; d) A description of any drug or alcohol counseling, treatment, or rehabilitation or reentry programs that are available to employees or students; and 6

9 e) A clear statement that Schreiner University will impose disciplinary sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, from completion of an appropriate rehabilitation program up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by the program. 2. Biennial Review of Drug and Alcohol Abuse Prevention Program Also pursuant to HEOA requirements, Schreiner University conducts a biennial review of its Drug and Alcohol Abuse Prevention Program in order to: a) Determine its effectiveness and implement changes to the program if they are needed; b) Ensure that the disciplinary sanctions are consistently enforced; c) Determine the number of drug- and alcohol-related violations and fatalities occurring on the campus or as part of their activities that are reported to campus officials; and d) Determine the number and type of sanctions Schreiner University imposes on students or employees as a result of such violations or fatalities. An electronic copy of the Biennial Review is available on Schreiner University s web site and paper copies are available from Human Resources and the Student Health Clinic. 7