Ohio Admin. Code 3352-7-06 - Drug-free workplace
(A)
General
background. The Drug-Free Workplace Act of 1988 and the Drug-Free Schools and
Communities Act Amendment of 1989 require all federal contractors, federal
grant recipients, and recipients of any federal funds whatsoever to implement a
comprehensive substance and alcohol abuse policy. Wright state university is
considered a federal contractor under these acts and as such shall comply with
all provisions of them. This policy shall apply to the entire university
community: faculty, staff, graduate assistants, and students.
(B)
Policy. The
university is committed to maintaining a workplace free of illegal drugs or the
unlawful use of alcohol. The university prohibits the possession, manufacture,
distribution, dispensation, or use of illegal drugs and the unlawful use,
possession, or distribution of alcohol or controlled substances on all
university property and at any locations where employees or students are
conducting university related business or activities and when using university
vehicles or private vehicles on university business or in the conduct of
university activities.
(C)
Substance abuse counseling. Resource information
regarding health and safety concerns about substance abuse and information
regarding the availability of and/or referral to community based approved
substance abuse counseling and rehabilitation services are available through a
variety of university and community based services, including the:
(1)
Raider alcohol
and substance abuse awareness program.
(2)
Wright state
university psychological services center.
(3)
Department of
human services.
(4)
Greene hall chemical dependency treatment
services.
(D)
Sanctions for violation of standards of conduct. Wright
state university has used and will continue to use progressive discipline in
administering sanctions for violations of this policy; however, the university
reserves the right to determine when the serious nature of a violation or
arrest without adjudication requires that the university take immediate action.
Such action may include but is not limited to:
(1)
Faculty and
staff.
(a)
Written reprimands.
(b)
Transfer to other
duties.
(c)
Suspension.
(d)
Demotion.
(e)
Termination.
(f)
Referral to
appropriate authorities for prosecution for violations of the standards of
conduct described in this policy.
(2)
Students.
(a)
Disciplinary
probation.
(b)
Suspension.
(c)
Dismissal.
(d)
Referral to
appropriate authorities for prosecution for violations of the standard of
conduct described in this policy.
(3)
Students,
faculty, and staff may be referred to appropriate drug or alcohol abuse
treatment facilities, as a condition of continued employment and/or student
standing.
(4)
Any member of the work force convicted of a violation
of the criminal drug statutes occurring in the workplace shall notify the
assistant vice-president for human resources within five days after such
conviction. The university is obligated to notify federal contracting
agencies/officials (if appropriate) within ten days after receiving notice of
the conviction. Within thirty days after receiving notice of the conviction,
the university shall take appropriate disciplinary
action.
(E)
University noncompliance sanctions. The federal
government may suspend contract payments and/or terminate a contract. The
government may suspend or debar (for a period not to exceed five years) the
contractor if the head of the contracting agency determines:
(1)
The contractor
has made a false drug-free workplace certification.
(2)
The contractor
has violated the certification by failing to carry out the
requirements.
(3)
Such a number of the contractor's employees have been
convicted of criminal drug statute violations occurring in the workplace as to
indicate that the contractor has failed to make a good faith effort to provide
a drug-free workplace.
(F)
Related
department of defense rules. Contracts or grants issued by the department of
defense on or after October 31, 1988, are subject to regulation under the
Drug-Free Work Force Act (as well as compliance with the Drug-Free Workplace
Act and office of management and budget regulations).
(G)
Policy review.
The department of human resources with the assistance of the office of legal
affairs, the division of student affairs, and the office of research and
sponsored programs shall review this policy every two years to determine the
effectiveness of the policy and to ensure that sanctions are being consistently
enforced. When recommended, changes shall be forwarded by the department of
human resources to appropriate authority for review and for amendment of this
policy.
Replaces: 3352.03-7-06
Notes
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91
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