Drug-Free Workplace

Texas State University-San Marcos
Revised: 08/11/99
Official UPPS No. 04.04.45
Issue No. 2
Effective Date: 05/26/93
Review: March 1 E10Y*

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01. POLICY STATEMENTS

01.01    We at Texas State are committed to supporting the educational mission of the institution through efficient information storage and retrieval, appropriate auditing procedures, professional personnel services, and a safe environment. The following procedure contributes to the fulfillment of this policy.

*01.02    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    The use of illegal drugs is inconsistent with law abiding behavior expected of all citizens. University employees who use illegal drugs tend to be less productive, less reliable, and prone to greater absenteeism, resulting in the potential for increased cost, delay, and risk to the University.

02.02    The use of illegal drugs by University employees can impair their ability to perform critical tasks, and can also result in the potential for accidents and for failures that can pose a serious threat to health, safety, and the University's educational mission.

02.03    The use of illegal drugs by University employees can result in less than complete reliability, stability, and good judgment. Use of illegal drugs also creates the possibility of coercion, influence, and irresponsible action under pressure that may pose 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 Personnel 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 penalties that may be imposed upon employees for drug abuse violations.

04.03    Each employee to be engaged in the performance of a grant from any federal agency or a federal contract for the procurement of any property or services of a value of $25,000 or more from any federal agency must be given a copy of this UPPS by the person responsible for administering the grant or the 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 Manager of Grants Accounting of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.

b.    When the University's Manager of Grants Accounting receives actual notice of an employee's conviction, as described above, he/she shall notify the granting or contracting agency within ten (10) days after receiving notice of a conviction.

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 (30) days after receiving notice of a conviction either:

a.    Take appropriate personnel action against the employee up to and including termination; or

b.    Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or 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, he/she must receive the approval of the next higher level supervisor. 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 Personnel 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. MAJOR RESPONSIBILITIES ASSOCIATED WITH THIS UPPS

06.01    Major responsibilities for routine assignments associated with this UPPS include the following:

	Position	Section	Date
	University Attorney	Review	March 1 E10Y*
	Director of Personnel	Review 04.02, 05.01	March 1 E10Y*
	Director, Alcohol and Drug Resource Center*	Review	March 1 E10Y*
	Chair, Faculty Senate*	Review	March 1 E10Y*
	Chair, Staff Council*	Review
	Manager of Grants Accounting	04.03 a.(2) 04.03 b.	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.

Mr. William L. Fly, University Attorney; senior reviewer of this UPPS

Mr. John McBride, Director of Personnel; reviewer of this UPPS

Ms. Judy Row, Director, Alcohol and Drug Resource Center; reviewer of this UPPS*

Chair, Faculty Senate; reviewer of this UPPS*

Chair, Staff Council; Reviewer of this UPPS*

Dr. Michael L. Abbott, Executive Vice President

Dr. Jerome H. Supple, President