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Policy 5202

Alcohol, Drug, and Substance Use and Abuse

I. Purpose

To protect the health, safety, and welfare of all members of the Longwood community by taking all reasonable measures to assure that a drug-free workplace is maintained and that employees perform their duties unimpaired by the effects of drugs or alcohol. (In accordance with Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989).

II. Definitions

For the purpose of clarification, the following terms will have the meanings outlined below:

  1. Controlled Substance: drug or substance found in section 54.1-3401 and Schedules I through IV of Sections 54.1-3446 through 3456 of the Code of Virginia, as amended, and Section 202 of the Federal Controlled Substances Act (21 U.S.C. 81).
  2. Alcohol: Any product as defined in The Alcoholic Beverage Control Act, Section 4-2 of the Code of Virginia, as amended.
  3. Conviction: A finding of guilt (including a plea nolo contenders) 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.
  4. Criminal Drug Statute: A criminal statute prohibiting the unlawful manufacture, distribution, dispensation, use, or possession of any controlled substance.
  5. Drug: Any controlled substance or prescribed or non-prescribed medication, taken into the body, other than alcohol, which may impair one's mental faculties and/or physical performance.
  6. Employee: Administrative faculty, professional faculty, teaching faculty, classified and non-classified, full-time and part-time, salaried, and hourly persons, and any and all other individuals, except independent contractors, employed by Longwood.
  7. Workplace: Any site where official duties are being performed by employees.

III. Policy

The unlawful manufacture, possession, use or distribution of illicit drugs and controlled substances and the unlawful possession, use, or distribution of alcohol on Longwood property is prohibited. Violations are handled according to existing personnel policies and procedures governing the conduct of administrators, faculty and staff.

  1. Controlled Substances:
    1. The unlawful or unauthorized manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited at the workplace.
    2. Any employee who violates Section III,B,1 may be subject to disciplinary action, including discharge, and/or referral to an assistance or rehabilitation program at the discretion of management. Any employee who is referred to an assistance or rehabilitation program must satisfactorily participate in such program. Satisfactory participation in such program shall be determined by management after consultation with the individual or organization providing the assistance or rehabilitation and/or the State Employee Assistance Service.
  2. Alcohol:
    1. The unlawful or unauthorized manufacture, distribution, dispensation, or use of alcohol is prohibited at the workplace.
    2. Violators of Section III,C,1 may be subject to disciplinary action, including discharge, and/or referral to an assistance or rehabilitation program at the discretion of management.
    3. Any employee who is referred to an assistance or rehabilitation program must satisfactorily participate in such program. Satisfactory participation in such program shall be determined by management after consultation with the individual or organization providing the assistance or rehabilitation and/or the State Employee Assistance Service.
  3. Employees Fitness for Work:
    1. To perform assigned duties unimpaired by the effects of drugs or alcohol.
    2. Those whose performance is impaired by the effects of drugs or alcohol at the workplace may be subject to disciplinary action, including discharge, and/or referral to an assistance or rehabilitation program at the discretion of management.
  4. Employee Responsibilities:
    1. As a condition of employment, all employees shall abide by the terms of this policy, and report employee convictions of any criminal drug statutes for conduct in the workplace no later than five (5) days after such conviction is entered.
  5. Institutional Responsibilities:
    1. Shall provide its employees a copy of this policy, including a description of the health risks associated with the illicit use of drugs or the abuse of alcohol, and a general description of criminal sanctions under Federal and State law, for the unlawful possession or distribution of illicit drugs and alcohol (required by the Drug-Free Schools and Communities Act of 1989).
    2. Inform its employees of the dangers of drug abuse in the workplace, and availability of drug and alcohol counseling, and rehabilitation and employee assistance programs.
    3. Inform any contracting or granting agency within ten (10) days after receiving notice from an employee of any criminal drug statute conviction for a violation occurring at the workplace, when the subject employee is a sponsored program employee.
    4. Within thirty (30) days of receiving notice of an employee's conviction for a criminal drug statute offense occurring in the workplace, take appropriate disciplinary action against such employee and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program,
      as required by the Drug-Free Workplace Act of 1988.
  6. Rehabilitation Programs:
    1. Employees experiencing a problem with drug or alcohol abuse or dependency are encouraged to seek counseling assistance. Supervisors are encouraged to assist employees seeking such assistance. Not withstanding an employee's voluntary participation in a drug or alcohol rehabilitation program, the employee is expected to perform his/her duties according to developed job standards and expectations.
    2. The State Employee Assistance Service (SEAS) is available to all state employees for counseling and referral for drug and alcohol related problems as well as other personal problems.
    3. With respect to any violation of this policy, the following provisions apply;
      1. Supervisors should consult with SEAS or other state operated substance abuse programs prior to referring a state employee to a drug or alcohol assistance or rehabilitation program (under current health care benefits, not all treatment programs are covered).
      2. Management is encouraged to consult with SEAS or other state operated substance abuse programs in determining whether a state employee referred to an assistance or rehabilitation program has satisfactorily participated in such program.
      3. Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Health may be contacted to provide assistance and referral information.
      4. Employees may be granted leaves of absence (leave without pay if no leave balances are available) to participate in rehabilitation programs for treatment of drug or alcohol abuse at discretion of management.
  7. Institutional Substance Abuse Policies: Longwood may modify this policy or or promulgate additional substance abuse policies as needed.
  8. Interpretation: The President or his/her designee is responsible for official interpretation of this policy. Questions regarding the application of this policy should be directed to the Human Resources Office.
  9. Program Review: Every two (2) years Longwood shall conduct periodic reviews of its drug prevention programs to determine their effectiveness and to implement changes as required.

Revised and approved by the Board of Visitors, September 7, 2002.