2022 Governance Handbook > Appendices > Appendix I: Drug-Free Campus and Workplace

Appendix I: Drug-Free Campus and Workplace

DRUG-FREE CAMPUS AND WORKPLACE POLICY AND PROCEDURES

1. POLICY STATEMENT

   1. Walla Walla University is committed to an environment of learning that supports the fullest possible human development. To achieve this goal, the University holds that a drug-free lifestyle is essential and thus maintains policies that seek an alcohol-, tobacco-, and drug-free campus environment. Employees, whether faculty, staff or students, are expected to practice this lifestyle while in the buildings, on the grounds, and on off-campus sites during a school-sponsored activity, e.g., field trips, club functions, sponsored gatherings in faculty/staff homes.

   2. In addition, Walla Walla University maintains a drug-free workplace in harmony with the laws of the land. In particular, the following laws apply:

      i. The Drug-Free Workplace Act of 1988, which prohibits "the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace."

      ii. The Drug-Free Schools and Communities Act Amendment of 1989, which "clearly prohibits, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities."

   3. GOVERNMENT GRANTS

      Employees working on projects funded by federal agencies will be provided a copy of the Drug-Free Workplace Act and will be required to sign a statement saying they have read and understand the policy and agree to abide by it as a condition of continued employment.

   4. SAFETY SENSITIVE POSITIONS

      Employees holding safety sensitive positions, e.g., in aviation and transportation, will be included in drug testing in fulfillment of Federal agencies' requirements.

   5. STUDENTS

      Students working as employees are covered under this policy while on duty. Students are otherwise covered by the Student Drug-Free Campus Policy and Student Handbook.

2. PREVENTION

   Walla Walla University promotes activities and programs to assist its students and employees in maintaining a drug-free lifestyle. These include intellectual development, spiritual activities, social events, emotional support, and employee wellness. Employees are encouraged to participate in campus and community drug prevention activities. Specific information concerning drug awareness, identifying and avoiding high risk situations for drug use, and the dangers of drug use and abuse is provided by the Student Assistance Program in conjunction with other campus departments.

3. EMPLOYEE ASSISTANCE

   The University will assist its employees in living a drug-free lifestyle. A counselor is provided who is qualified to do alcohol/drug assessments and individual counseling, and to make referrals for more in-depth therapy and rehabilitation on an outpatient or inpatient basis to approved/licensed treatment programs. Such assistance is provided with a maximum of confidentiality to protect the employee. Community organizations can also give assistance to the employee who might wish to seek off-campus help. Employees who believe they are having problems with alcohol or other drugs are encouraged voluntarily to seek assistance.

   The University also encourages and provides access to support networks which can assist employees in remaining drug free. A resource library of books, brochures and video tapes are available through the Student Assistance Program. More information or an appointment for assistance can be obtained by calling the Chemical Dependency Counselor.

   For financial assistance refer to the Health Care Assistance Plan or the optional student insurance plan.

4. DETECTION

   If an employee is suspected of using controlled substances or alcohol, the appropriate supervisor will gather and document in writing all supporting information, giving reasons for suspicion. The supervisor will then consult with the President or the President's designee. Authorization by the President or the designee is required for a further investigation or search, or for drug testing.

   The University reserves the right to investigate employees where reasonable suspicion exists of controlled substance or alcohol use. This includes the right to search an office, locker, or dormitory room, and the right to require drug testing. If a search is to be made, it will be made by an administrator designated by the President with a second administrator as witness.

   The University will cooperate with law enforcement officials when the unlawful use or possession of a controlled substance is discovered. The University will confiscate the item(s) and deliver such to proper authorities and may prosecute the offender. These actions are in keeping with legislation that clearly prohibits the possession, use, or distribution of illicit drugs by students and employees on university property or as a part of any university activities.

   TESTING

   Drug testing for those holding safety sensitive positions, e.g., in aviation and transportation, will be in accordance with Federal agencies' requirements.

   In the event that a drug test is positive, a second confirmation test will be made. The University conducts any drug screening under the direction of the Campus Health and Wellness and uses only laboratories certified to do drug screening tests. Federal agencies governing safety sensitive positions may require the services of a Medical Review Officer (MRO). In addition, in the case of an employee who is or has been in a drug treatment program, or is under an agreement for continued employment as a result of response to violations, drug testing can be required following a subsequent relapse or breaking of the agreement.

   The entire process of drug investigation will be treated in accordance with federal and Washington state laws.

5. CONFIDENTIALITY

   All drug investigation and drug testing information is confidential. A Medical Review Officer Campus Health and Wellness Director relates to employees under the usual confidential doctor-patient relationship and so maintains all drug testing information, with the provision that if there is no reasonable medical evidence supporting a positive result, such result will be disclosed to the referring supervisor. If it is determined with reasonable certainty that there is a legitimate medical or other reason supporting positive laboratory findings, no information identifying the specific employee will be disclosed. Any medical information provided will be treated as confidential.

   PERSONNEL ACTIONS

   All records and information of personnel actions taken on employees under investigation, or discipline, shall be maintained by the President or the President's designee in a secure, locked file. Only the President and the designee shall have access to them; any compilation of statistical reports shall be handled in an anonymous manner

6. RESPONSE TO VIOLATIONS

   1. TOBACCO

      The use of tobacco on campus or in the workplace is cause for review of continued employment. Employees using tobacco are encouraged to seek assistance through the Chemical Dependency Counselor or other professionals that are available on campus and in the community.

   2. CONTROLLED SUBSTANCE AND ALCOHOL

      The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance on campus or in the workplace is grounds for a full range of discipline up to and including dismissal from employment under the policies of termination of an employee.

      The employee who is determined to be using controlled substances or alcohol will be referred to the campus Chemical Dependency Counselor or another certified chemical dependency counselor for professional assessment. A decision will be made by the employee and administration as to continuation of employment and/or the desirability of treatment on the basis of the assessment recommendation. The employee will have the option to follow the assessment recommendations or to resign from employment.

      If continued employment is planned, at the conclusion of treatment an agreement for continuing employment will be developed with the employee. The employee is expected to remain drug free. Subsequent relapse or breaking of the agreement may result in terminating employment. The University reserves the right to terminate employment following completion of therapy and rehabilitation if the administration judges that such would be in the best interest of the institution.

      Dismissal procedures will follow guidelines under the policy of termination of a faculty member for adequate cause or the policies for termination of other employees (see 3.1.5.9 Termination of Service or FINANCIAL POLICIES FOR HOURLY EMPLOYEES for procedures).

   3. PROFESSIONAL ASSISTANCE

      When professional assistance is recommended as a result of the assessment of employees, the University will provide that assistance to them within the limits of the Health Care Assistance Plan for those entitled to that benefit. Student employees should refer to the Student Assistance Program and optional student insurance plan.

7. CONVICTIONS OF CRIMINAL DRUG STATUTE VIOLATIONS

   If an employee is convicted of any criminal drug statute violation in the workplace, that employee is obligated to notify the University through the immediate work supervisor no later than five (5) calendar days after such conviction. Failure to give such notification may be grounds for termination of employment. The supervisor is responsible for notifying the appropriate vice president or the Director of Human Resources immediately. Within thirty (30) calendar days of receiving notice the employee is to be provided professional assessment with the option to choose to cease from the use of controlled substance or to resign from employment as provided in the Response To Violation section in this policy.

   If the wages of the employee are supported by a federal agency, the agency is to be notified within ten (10) calendar days of receiving such notice of criminal drug statute conviction. The Director of Human Resources or a vice president will notify the appropriate agency as required.

8. DEFINITIONS

   ASSESSMENT

   a clinical impression of frequency and severity of drug involvement as determined by qualified chemical dependency counselor which leads to recommendations as to needed actions to halt substance abuse.

   CAMPUS/WORKPLACE

   Walla Walla University's buildings and grounds, and off-campus sites used by the University in any university-sponsored activity, e.g.,field trips, club functions, sponsored gatherings in faculty/staff homes.

   CONTROLLED SUBSTANCE

   a substance placed under Federal law (21 U.S.C. 812) for control or dispensing. This placement is based upon the substance's medical use, potential for abuse, and potential for leading to physical or psychological dependency.

   CRIMINAL DRUG STATUTE

   a federal law relative to the manufacture, distribution, dispensing, possession, or use of a controlled substance.

   CONVICTION

   a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by a judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.

   DRUG-FREE CAMPUS

   campus buildings and grounds as well as off-campus sites used for a school-sponsored activity, e.g., field trips, club functions, sponsored gathering in faculty/staff homes.

   DRUG-FREE LIFESTYLE

   avoidance of mind-altering drugs such as alcohol, tobacco, and controlled substances.

   DRUG-FREE WORKPLACE

   defined by the Federal government as company property.

   EMPLOYEE

   faculty, non-teaching salaried staff, hour-time workers, contract teachers, and student employees of Walla Walla University.

   FEDERAL AGENCY

   any department, agency, or unit of the federal government.

   MEDICAL REVIEW OFFICER

   a physician knowledgeable in the medical use of prescription drugs and the pharmacology and toxicology of illicit drugs. The MRO will be used where required by government agencies for drug testing. The primary responsibility of the MRO is to review and interpret positive test results which may be obtained from such analysis in order to determine whether alternate medical explanations could account for the positive test results.

   REASONABLE SUSPICION

   suspicion based upon at least one of the following: (1) observable phenomena such as direct observation of drug use or possession and/or physical symptoms of being under the influence of a drug; (2) a pattern of abnormal conduct or erratic behavior; (3) arrest or conviction for a drug-related offense or identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking; (4) information provided by reliable and credible sources or independently corroborated; (5) newly discovered evidence that an employee has tampered with a previous drug test. Reasonable suspicion does not require certainty, but mere "hunches" are not sufficient to meet this standard.

   SENSITIVE POSITIONS

   jobs with responsibilities that are designated by federal or state agencies to require drug testing in order to assure public welfare and safety.