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ACADEMIC POLICIES & PROCEDURES

General Policies

Drug Free Workplace Policy

Purpose

The federal Drug-Free Workplace Act enacted into law in 1988 requires that any entity seeking to be considered to receive a grant from any federal agency, and any entity seeking to be awarded a contract for the procurement of any property or services of a value of $25,000.00 or more from any federal agency, certify to the Federal granting or contracting agency that it will provide a drug-free workplace. The Board, in support of this anti-drug abuse legislation, and recognizing that drug abuse in the workplace is a concern regardless of any connection with federal funds, hereby establishes the following Drug-Free Workplace Policy and requires each university under its governance to effectuate this policy immediately as to all university employees.

Establishment of Program

Each university under the governance of the Board shall establish a drug-free awareness program to inform employees about:

  1. the dangers of drug abuse in the workplace;
  2. the university’s policy of maintaining a drug-free workplace;
  3. any available drug counseling, rehabilitation and employee assistance programs that are available either through the university or through any third-party assistance programs in the area; and
  4. the penalties that may be imposed upon employees for drug abuse violations.

Minimum Implementation Measures

At a minimum, the university shall publish and post in each department of the university a written statement containing the following information:

  1. Notification that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in all university areas;
  2. Description of the actions that will be taken against employees for violations of such prohibitions; and
  3. A notification that as a condition of employment employees will abide by the terms of the statement and notify the university of any state or federal drug statute conviction for a violation occurring in any university area no later than five (5) days after such conviction;
  4. Require that each university employee be personally given a copy of the statement required in paragraph "a)" of this section. Each such employee shall be required to acknowledge receipt of such statement by signing and returning a copy of same to the university;
  5. Designate appropriate supervisory and administrative personnel who will be responsible for identifying all university employees engaged in the performance of federal grants and contracts, for obtaining signed statements from all university employees, and for submitting those statements to the university official(s) in charge of maintaining personnel records for appropriate retention. Such supervisory and administrative personnel shall be responsible for obtaining and submitting their own statements to such record keeping official(s);
  6. Designate appropriate supervisory and administrative personnel to have the responsibility to personally meet with and explain the university’s drug-free workplace policy to all university employees;
  7. Designate appropriate supervisory and administrative personnel to be responsible for and who shall provide timely notification (within ten days of knowledge) to appropriate federal granting or contracting agencies when a university employee engaged in the performance of federal grants and contracts is convicted under any state or federal criminal drug statute for misconduct in the workplace;
  8. Impose an appropriate administrative sanction (up to and including dismissal) on any employee so convicted, within thirty (30) days of knowledge of such conviction, or require the satisfactory participation in a drug abuse assistance or rehabilitation program approved for such purposes by the university; and
  9. Make a good faith and continuous effort to maintain a drug-free workplace by taking the steps enumerated for federal compliance certification of a university drug-free workplace.

Employee Responsibility

All university employees shall sign and return to the university the statement referred to in this policy and, if convicted under state or federal criminal drug statutes for misconduct in the workplace, as a condition of continued employment shall notify his/her immediate supervisor and, if applicable, federal grant or contract supervisor, of such conviction within five (5) days of the conviction.

Sanctions

Refusal, failure or neglect by any university employee to sign and return the written statement referred to in this policy shall be deemed an act of insubordination and will subject the employee to appropriate disciplinary action.

  1. The administrative sanction for failure to timely report a workplace related state or federal criminal drug statute conviction by such an employee, or for a workplace related criminal drug statute conviction by an employee which has been timely reported to the university, may include any sanction up to and including dismissal from employment.
  2. In all instances where a university employee is not dismissed from employment, and as a condition to continued employment, has been required to satisfactorily participate in a drug abuse assistance or rehabilitation program, such program must be approved by the university.
  3. Any such employee must provide to the university a signed statement attesting as to the employee’s successful participation in the university-approved drug abuse assistance or rehabilitation program.
  4. With or without the existence of a workplace related state or federal criminal drug statute conviction, if an employee is found at any time to have violated that university drug-free workplace policy, he/she may be disciplined and/or referred for counseling and treatment as set forth in general university disciplinary policies.
  5. Administrative sanctions as set forth in this policy shall be imposed by the university within thirty (30) days of notification or awareness of the employee’s workplace related criminal drug statute conviction.

Definitions

  1. "Controlled Substance" means any controlled substance set forth in Schedules I through IV of Section 202 of the federal Controlled Substances Act (21 U.S.C. Sec. 812, as amended). Such controlled substances include, but are not limited to cocaine, marijuana, opiates, amphetamines and barbiturates.
  2. "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 violations of federal or state criminal drug statues.
  3. "Criminal Drug Statute" means any criminal drug statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
  4. "Employee" means any person receiving pay through the university payroll system.

Contractors

Each university shall require of contractors performing services for or on behalf of the university in amounts exceeding $25,000, certification that said contractor has filed a current plan with the appropriate federal agency assuring the maintenance of a drug free work environment.

Drug-Free Workplace Policy Statement University Notice To All University Employees

Rogers State University, in compliance with the Drug-Free Workplace Act of 1988, hereby gives notice to all University employees that it is the formal policy of the Board of Regents of the University of Oklahoma that it is in the best interest of both the University and its employees to provide education, awareness and assistance where appropriate relative to the dangers inherent in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace. The special consequences of drug-abuse in the workplace include the threatened safety to co-workers by those who are impaired by drugs, the increased danger of defective or substandard services being provided to the public and diminished productivity.

In order to combat this problem area, the University will provide all employees ongoing materials and information concerning these dangers and available avenues of assistance. The University further gives notice:

  1. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in any University work area is prohibited.
  2. As a condition of employment, employees must abide by the terms of this policy.
  3. Any University employee who is convicted of any state or federal criminal drug statute for drug-related misconduct in the workplace must report the conviction within five (5) days thereafter to (appropriate University office or officer).
  4. Violations of this prohibition will result in administrative sanctions, ranging in severity from formal counseling to termination from employment, immediately or within 30 days, whether or not the violation results in conviction under state or federal criminal drug statutes for misconduct in the workplace. Satisfactory participation in a university-approved drug abuse assistance or rehabilitation program may be required as a condition of continued employment by the University of all employees who violate this prohibition and are not terminated from employment.
  5. Information about the dangers of drug abuse in the workplace and the availability of drug abuse assistance and rehabilitation programs may be obtained from the department of Human Resources.
  6. Where necessary because of conviction and incarceration, decisions relative to suspension or termination or the granting of leave for treatment will be determined individually.
  7. All University employees are required to acknowledge by written signature that they have been made aware of this policy, understand same, will abide by the policy, and to return a signed copy of this policy to Department of Human Resources.
Acknowledgement of Understanding and Compliance

As an employee of the University, I understand and will abide by the policy statement above, and I agree that I will notify my immediate supervisor and federal grant or contract supervisor, if applicable, within five (5) days if I am convicted under any statutes for misconduct in the University workplace.

NAME (printed):

SOCIAL SECURITY NO:

DATE:

SIGNATURE:

ROGERS STATE UNIVERSITY