1. The university does not accept or condone the inappropriate use of a controlled substance by any individual employed by the university. Therefore, the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in university facilities, which is a violation of federal and state law, is prohibited.
2. Compliance with this policy is a condition of employment, and violations may be cause for one or more of the following actions:
a. Referral to the EAP for evaluation and assessment to determine the appropriate treatment for rehabilitation;
b. Participation in a drug rehabilitation program;
c. Suspension from university duty; and/or
d. Termination of employment.
3. Employees may contact or supervisors may refer employees to the EAP (see pages 3 - 10) for assistance and confidential service. Participation in the EAP and/or participation in a treatment program will not alter or amend any of the rights or responsibilities of the employee or university.
4. The university will establish a drug-free awareness program to educate and inform employees and supervisors about:
a. The dangers of drug abuse;
b. A description of applicable legal sanctions under local, state, or federal law;
c. A description of health risks associated with the use of illicit drugs and the abuse of alcohol;
d. The university's policy pertaining to a drug-free workplace;
e. The availability of assistance and confidential services offered through the EAP; and
f. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
5. All individuals employed by the university must abide by the terms of this policy and if convicted of any criminal drug statute violation occurring in the workplace, must notify his or her department head or immediate supervisor no later than five (5) days after such conviction; department heads or immediate supervisors must in turn immediately notify University Human Resource Services of the conviction.
6. If an employee who is paid from a federal or state contract or grant is convicted of a criminal drug statute for a violation occurring in the workplace, the department head or immediate supervisor must notify the Sponsored Projects Administration within five (5) days after receiving notice under item five (5) of the policy (above) for the purpose of complying with federal regulations.
1. The term "drug-free workplace" means a site for the performance of work done in connection with the employee's assigned university responsibilities.
2. The term "employees" means all paid personnel of the university.
3. The term "controlled substance" refers to a controlled substance as defined in Schedule I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812).
4. 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 violation of the federal or state criminal drug statutes.
5. The term "criminal drug statute" means a criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.
6. The term "university facilities" means any building or structure or any improved or unimproved land, or any part of any such building, structure, or land which is owned, used, or occupied by Ball State University. Procedures: A copy of this policy shall be given to every employee. Requests for assistance required to comply with this policy should be directed to the Office of WorkLife Programs (UHRS) (285-1187).
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