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