Wright State University
Policy number: 4005
Subject: Drug-Free Workplace
Date issued: Revised/October 1990
Authority: Drug-Free Workplace Act of 1988; University President (March 17,
1989); Drug-Free Schools and Communities Act Amendment of 1989 (October 1, 1990)
4005.1 General Background
The Drug-Free Workplace Act of 1988 and the Drug-Free
Schools and Communities Act Amendment of 1989 require all federal contractors,
federal grant recipients, and recipients of any federal funds whatsoever to
implement a comprehensive substance and alcohol abuse policy. Wright State University
is considered a federal contractor under these acts and as such shall comply
with all provisions of them. This policy shall apply to the entire university
community: faculty, staff, graduate assistants, and students.
4005.2 Policy
The university is committed to maintaining a workplace
free of illegal drugs or the unlawful use of alcohol. The university prohibits
the possession, manufacture, distribution, dispensation, or use of illegal drugs
and the unlawful use, possession, or distribution of alcohol or controlled substances
on all university property and at any locations where employees or students
are conducting university-related business or activities and when using university
vehicles or private vehicles on university business or in the conduct of university
activities.
4005.3 Substance Abuse Counseling
Resource information regarding health and safety concerns
about substance abuse and information regarding the availability of and/or referral
to community-based approved substance abuse counseling and rehabilitation services
are available through a variety of university and community-based services,
including the:
- Raider Alcohol and Substance Abuse Awareness Program.
- Wright State University Psychological Services Center.
- Department of Human Resources.
- Greene Hall Chemical Dependency Treatment Services.
4005.4 Sanctions for Violation of Standards of Conduct
Wright State University has used and will continue to
use progressive discipline in administering sanctions for violations of this
policy; however, the university reserves the right to determine when the serious
nature of a violation or arrest without adjudication requires that the university
take immediate action. Such action may include but is not limited to:
- Faculty and Staff
- Written reprimands
- Transfer to other duties
- Suspension
- Demotion
- Termination
- Referral to appropriate authorities for prosecution for violations of
the standards of conduct described in this policy
- Students
- Disciplinary probation
- Suspension
- Dismissal
- Referral to appropriate authorities for prosecution for violations of
the standard of conduct described in this policy
- Students, faculty, and staff may be referred to appropriate drug or alcohol
abuse treatment facilities, as a condition of continued employment and/or
student standing.
- Any member of the work force convicted of a violation of the criminal
drug statutes occurring in the workplace shall notify the Assistant Vice
President for Human Resources within five (5) such conviction. The university
is obligated to notify federal contracting agencies/officials (if appropriate)
within ten (10) days after receiving notice of the conviction. Within thirty
(30) days after receiving notice of the conviction, the university shall
take appropriate disciplinary action.
4005.5 University Noncompliance Sanctions
The federal government may suspend contract payments
and/or terminate a contract. The government may suspend or debar (for a period
not to exceed five years) the contractor if the head of the contracting agency
determines:
- the contractor has made a false drug-free workplace certification.
- the contractor has violated the certification by failing to carry out
the requirements.
- such a number of the contractor's employees have been convicted of criminal
drug statute violations occurring in the workplace "as to indicate that
the contractor has failed to make a good faith effort to provide a drug-free
workplace."
4005.6 Related Department of Defense Rules
Contracts or grants issued by the Department of Defense
on or after October 31, 1988, are subject to regulation under the Drug-Free
Work Force Act (as well as compliance with the Drug-Free Workplace Act and OMB
regulations).
4005.7 Policy Review
The Department of Human Resources with the assistance
of the Office of Legal Affairs, the Division of Student Affairs, and the Office
of Research and Sponsored Programs shall review this policy every two years
to determine the effectiveness of the policy and to insure that sanctions are
being consistently enforced. When recommended, changes shall be forwarded by
the Department of Human Resources to appropriate authority for review and for
amendment of this policy.