I. Policy

A. In compliance with the Drug-Free Workplace Act of 1988, the Office of the Commissioner of Higher Education is committed to providing a drug-free workplace. The unlawful manufacture, distribution, sale, possession or use of a controlled substance in the workplace or while conducting university system business is prohibited.

B. Employees must, as a condition of employment, comply with this policy and notify their immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. The supervisor is responsible for notifying the Director of Personnel and Labor Relations immediately upon notice from the employee. The Director of Personnel and Labor Relations is responsible for notifying the federal granting agency, when appropriate, of the conviction within ten days of learning of the conviction.

C. Violations of this policy will result in disciplinary action up to and including termination and may have legal consequences. At the option of the employer, an employee violating this policy may be required to satisfactorily complete a drug abuse assistance or rehabilitation program as an alternative to termination.

D. Drug dependency is a major health problem and interferes with workplace productivity, safety, and security. Employees are encouraged to seek assistance in dealing with drug problems. Conscientious efforts to seek help for drug dependency will not jeopardize an employee's job status.

II. Procedures

A. All employees will be given a copy of this policy upon adoption. New employees will be given a copy of this policy as a part of the orientation process.

B. Upon request, the Director of Benefits or designee shall provide confidential referrals to drug counseling or rehabilitative programs and shall counsel employees on available assistance under the group insurance plan.

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