UPPS 04.04.45 - Drug-Free Workplace

POLICY STATEMENT

Texas State University is committed to maintaining a safe and healthy workplace that is free of the effects of drug use and abuse.

1. SCOPE

   1. This document contains Texas State University’s policy establishing a drug-free workplace. This policy is intended to comply with:

      1. the Drug-free Workplace Act of 1988 found in 41 U.S.C. § 701;

      2. Section 2.4(10) of Chapter V of The Texas State University System (TSUS) Rules and Regulations; and

      3. the Rules of the Texas Workers’ Compensation Commission.

2. GENERAL PROVISIONS

   1. Illegal drug use by university employees results in less productivity, less reliability, and greater absenteeism, instability, and poor judgment increasing potential costs, delays, and risks to the university. 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.

   2. 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.

3. DEFINITIONS

   1. Controlled Substance – a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 USC § 812) or the Texas Controlled Substances Act (Health and Safety Code, Chapter 481).

   2. Conviction – 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.

   3. Employee – includes members of the faculty and staff as defined in Section 1.1 of Chapter V of the TSUS Rules and Regulations. It also includes students employed by the university in any capacity.

4. DRUG-FREE WORKPLACE

   1. 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:

      1. oral or written warning or reprimand;

      2. suspension with or without pay;

      3. reduction in pay;

      4. demotion; or

      5. discharge or termination of employment.

   2. The associate vice president and dean of Students will establish a drug-free awareness information program that will inform university employees about:

      1. the dangers of drug abuse in the workplace;

      2. the university’s policy of maintaining a drug-free workplace;

      3. any available drug counseling, drug rehabilitation, and employee assistance programs; and

      4. the possible penalties for employees resulting from drug abuse violations.

   3. The Office of Sponsored Programs will ensure that 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 has access to this policy.

      1. As a condition of employment in such grant or contract, each university employee will:

         1. abide by the terms of this policy; and

         2. notify the senior 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.

      2. When the senior director of Sponsored Programs receives actual notice of an employee’s conviction, the senior director shall notify the granting or contracting agency within 10 calendar days after receiving the notice.

   4. The employee’s supervisor shall, within 30 calendar days after receiving notice of a conviction, either:

      1. take appropriate personnel action against the employee up to and including discharge or termination; or

      2. 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

      3. take action under both a. and b., above.

   5. Before a supervisor suspends, demotes, or reduces the pay of an employee, Human Resources (HR) and the next higher-level supervisor must approve the action. Only the president, vice presidents, assistant and associate vice presidents, and deans and directors reporting directly to a vice president have the authority to discharge or terminate employees.

   6. The university will make a good faith effort to continue to maintain a drug-free workplace through implementation of this policy.

5. PROCEDURES FOR DISTRIBUTION OF POLICY

   1. This policy will be made available on the HR website and in the new employee onboarding course.

   2. The Faculty Handbook, Schedule of Classes, and appropriate student publications (e.g., the Student Handbook) will contain a summary of this policy.

6. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Associate Vice President for Human Resources	March 1 E10Y
      Texas State University System Associate General Counsel	March 1 E10Y
      Associate Vice President and Dean of Students	March 1 E10Y
      Chair, Faculty Senate	March 1 E10Y
      Chair, Staff Council	March 1 E10Y

7. 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.

   Associate Vice President for Human Resources; senior reviewer of this UPPS

   Executive Vice President for Operations and Chief Financial Officer

   President