Office of Human Resources



Drug-Free Workplace



POLICY:

As stated in Utica College’s Drug and Alcohol Abuse Prevention policy, Utica College prohibits the unlawful possession, use, distribution, or dispensing of drugs and alcohol by Utica College students and employees on the Utica College campus or as part of Utica College-sponsored activities.

In addition, Utica College requires employees who are covered under an applicable federal grant or contract, including student-employees, to sign a Drug-Free Workplace Agreement as a condition of continued employment. Any employee covered under an applicable federal grant or contract who is convicted of, or pleads guilty to, any Criminal Drug Statute that relates to activities within the workplace must notify the Director of Human Resources of such conviction or plea no later than five days after the conviction or plea.

SCOPE:

This policy applies to all Utica College employees, including student-employees. In addition, agents and consultants hired by the College to do work on an applicable federal grant or contract may be required to provide evidence that they are in compliance with the requirements of federal law.

REASON FOR POLICY:

This policy is designed to ensure compliance with the Drug-Free Workplace Act of 1988.

DEFINITIONS:

Controlled Substance: Any substance identified in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulations at 21 C.F.R. 1308.11 through 1308.15 (see www.usdoj.gov/dea/pubs/csa/812.htm).

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 federal, state, or local criminal statutes, including the New York State Vehicle and Traffic Law.

Criminal Drug Statute: A federal or non-federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.

Employee Assistance Program (EAP): A program that delivers a variety of services that help employees resolve personal problems that may adversely impact their work performance, conduct, health, and well-being.

Unlawful: Any act that, after proper adjudication through the legal system, through Utica College’s judicial system, or through the College’s employee disciplinary system, could or does result in a conviction or guilty plea under a criminal drug statute, other federal, state, or local laws relating to drugs and alcohol, or that would hold a student or employee responsible for violating Utica College’s policies on drugs and alcohol consistent with federal, state, and local law.

PROCEDURE:

1. If Utica College is awarded a federal grant that requires the College to certify compliance with the Drug-Free Workplace Act of 1988, the College’s Grants Officer will notify the employee overseeing the grant. If Utica College enters into a federal contract that requires the College to certify compliance with the Drug-Free Workplace Act of 1988, the College’s Vice President for Financial Affairs and Treasurer will notify the employee overseeing the contract.

2. The employee overseeing the federal grant or contract will provide all employees providing services under the grant or contract, including student-employees, with a copy of the College’s Annual Notice Regarding Drug and Alcohol Abuse Prevention Policies and will additionally require such employees to sign a Drug-Free Workplace Agreement. All signed agreements should be sent to the Office of Human Resources. Copies of agreements relating to grants should also be sent to the College’s Grants Officer.

3. Any employee covered under an applicable federal grant or contract who is convicted of or pleads guilty to any Criminal Drug Statute that relates to activities within the workplace must notify the Director of Human Resources of such conviction or plea no later than five days after the conviction or plea. The College will take appropriate action within 10 calendar days to notify the federal agency administering the contract or grant when required by law.

4. Any employee violating this policy may be subject to disciplinary action, including suspension, the requirement to enter a drug or alcohol rehabilitation program, immediate termination, and/or any other remedy available to the College.

5. If an employee is required to participate in rehabilitation as part of his or her disciplinary action, the employee must sign and abide by the terms set forth in a Return-to-Work agreement. As a condition of continued employment, Utica College may, at its sole discretion, require that the employee submit to periodic drug testing.

6. As noted in Utica College’s Drug and Alcohol Abuse Prevention policy, the College shall establish a drug-free awareness program and shall annually provide each employee with written notification regarding the provisions of this policy, potential consequences of violating the policy, the College’s drug-free workplace program, the dangers of drug abuse in the workplace, and resources such as drug counseling, rehabilitation, and the College’s Employee Assistance Program.

RESPONSIBILITY:

It is the responsibility of the Director of Human Resources to:
  • Implement this policy as appropriate and necessary;
  • Provide and review the policy in orientation sessions with new employees and any individual subject to this policy directly participating in a federal contract or grant subject to this policy;
  • Review the policy at other appropriate meetings;
  • Provide and display various drug-free workplace posters and brochures across the campus locations;
  • Educate employees about the dangers of alcohol and drug abuse and the availability of help provided to all employees;
  • Review the policy on an annual basis and make any necessary recommendations for change to the Policy Advisory Group.

It is the responsibility of the employee overseeing the federal grant or contract to:
  • Require all employees, including student-employees working on the project, to sign a Drug-Free Workplace Agreement and send the agreements to the Office of Human Resources and, in the case of grants, the College’s Grants Officer.
  • Report to the Director of Human Resources the names of any employees who fail or refuse to sign the agreement.

ENFORCEMENT

Enforcement of Utica College policies is the responsibility of the office or offices listed in the “Resources/Questions” section of each policy. The responsible office will contact the appropriate authority regarding faculty or staff members, students, vendors, or visitors who violate policies.

Utica College acknowledges that College policies may not anticipate every possible issue that may arise. The College therefore reserves the right to make reasonable and relevant decisions regarding the enforcement of this policy. All such decisions must be approved by an officer of the College (i.e. president, vice president for academic affairs, or vice president for financial affairs).

RESOURCES/QUESTIONS:

For any questions or additional information, please contact the Office of Human Resources or the Student Health Center.

Additional information may be obtained from the Utica College Student Health Center, the College’s Office of Human Resources, the Utica College Student Handbook (see sections on Health Risks, Resources, and Criminal Sanctions), the Employee Handbook (see sections on Summary of Benefits, Employee Relations and Communications, and Policies and Procedures), and/or Utica College’s Drug and Alcohol Abuse Prevention policy.

Please note that other Utica College policies may apply or be related to this policy. To search for related policies, use the Keyword Search function of the online policy manual.


Effective Date:
Unknown
Date Last Revised:
06/11/2010
Revision Promulgation Date:
07/01/2010