Drug-Free Workplace UPPS
No. 04.04.45
Issue
No. 3
Effective
Date: 03/31/2010
Review: March 1 E10Y
01. POLICY
STATEMENT
01.01 This UPPS contains
Texas State's policy establishing a drug-free workplace. We intend that this
policy comply with:
a. The Drug-free Workplace
Act of 1988 found in 41 U.S.C. Chapter 701;
b. Section 2.4(10) of
Chapter V of the Rules and Regulations of the Board of Regents, Texas State
University System; and
c. The Rules of the Texas
Workers' Compensation Commission, found in 28 TAC Chapter 169.
02. GENERAL
PROVISIONS
02.01 Use of illegal drugs
by university employees results in less productivity, less reliability, and
greater absenteeism, increasing potential costs, delays, and risks to the university.
02.02 Illegal drug use by university
employees impairs their ability to perform critical tasks, and results in
accidents and failures that pose a serious threat to health, safety, and the university’s
educational mission.
02.03 Illegal drug use by university
employees results in unreliability, instability, and poor judgment. It also
creates the possibility of coercion, influence, and irresponsible action under
pressure that poses a risk to health, safety, and the university’s educational
mission.
03. DEFINITIONS
03.01 In this UPPS, the term
"employee" includes members of the faculty and staff as defined in
Section 1.1 of Chapter V of the Regents' Rules. It also includes students
employed by the university in any capacity.
03.02 The term
"controlled substance" means a controlled substance in schedules I
through V of Section 202 of the Controlled Substances Act (21 USC SEC 812) or
the Texas Controlled Substances Act (Health and Safety Code, Chapter 481).
03.03 The term
"conviction" means a finding of guilt (including 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 statutes.
04. PROCEDURES
04.01 The unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance
is prohibited in all university workplaces. A university employee who violates
this prohibition, either in the workplace or elsewhere, is subject to the
following sanctions:
a. Oral or written warning
or reprimand;
b. Suspension with or
without pay;
c. Reduction in pay;
d. Demotion; or
e. Discharge or termination
of employment.
04.02 The director of The
Alcohol and Drug Resource Center will establish a drug-free awareness information
program that will inform university employees about:
a. The dangers of drug abuse in the workplace;
b. The university's policy of maintaining a drug-free workplace;
c. Any available drug counseling, drug rehabilitation, and employee
assistance programs; and
d. The possible penalties for employees resulting from drug abuse
violations.
04.03 Each employee engaged
in the performance of a grant from any federal agency or a federal contract for
the procurement of property or services valued at $25,000 or more from a federal
agency must receive a copy of this UPPS from the person responsible for
administering the grant or contract.
a. As a condition of
employment in such grant or contract, each university employee will:
1) Abide by the terms of
this UPPS; and
2) Notify the university's director
of Sponsored Programs of any criminal drug statute conviction for a violation
occurring in the workplace no later than five calendar days after such
conviction.
b. When the university's director
of Sponsored Programs receives actual notice of an employee's conviction, as
described above, the director shall notify the granting or contracting agency
within ten calendar days after receiving the notice.
04.04 The university will
make a good faith effort to continue to maintain a drug-free workplace through
implementation of this policy.
04.05 The employee's
supervisor shall, within thirty calendar days after receiving notice of a
conviction either:
a. Take appropriate
personnel action against the employee up to and including termination; or
b. Require the employee to
satisfactorily participate in a drug abuse assistance or rehabilitation program
approved for that purpose by a federal, state, local health, law enforcement,
or other appropriate agency; or
c. Take action under both
a. and b. above.
04.06 Before a supervisor
suspends, demotes, or reduces the pay of an employee, the next higher-level
supervisor must approve the action. Only the president, vice presidents, and
deans and directors reporting directly to a vice president have the authority
to discharge employees.
05. PROCEDURES
FOR DISTRIBUTION OF POLICY
05.01 The director of Human
Resources will summarize this policy in the Staff Handbook.
05.02 The Faculty Handbook,
Schedule of Classes, and appropriate student publications will contain a
summary of this policy.
06. REVIEWERS
OF THIS UPPS
06.01 Reviewers of this UPPS
include the following:
Position Date
University Attorney March
1 E10Y
Director, Human Resources March
1 E10Y
Director, Alcohol and Drug Resource March 1 E10Y
Center
Chair, Faculty Senate March
1 E10Y
Chair, Staff Council March
1 E10Y
07. CERTIFICATION
STATEMENT
This UPPS has been
approved by the following individuals in their official capacities and
represents Texas State policy and procedure from the date of this document
until superseded.
University Attorney;
senior reviewer of this UPPS
Special Assistant to the
President
President