Academic Affairs Manual (ACD)

Effective: 3/18/1989

Revised: 11/1/2005

ACD 119: Drug-Free Workplace Requirements

Purpose

To promote and support a drug-free workplace for university employees

Source

Omnibus Drug Initiative Act of 1988, Public Law No. 100-690 (“Drug-Free Workplace Act of 1988”)

Applicability

Faculty

Academic professionals

Policy

It is prohibited to unlawfully manufacture, sell, possess, distribute, dispense, or use controlled substances in the workplace.

As a condition of employment, each employee must agree to:

1. abide by the terms of this policy statement

   and

2. notify the Office of General Counsel of any criminal drug conviction for a violation occurring in the workplace within five days after such conviction.

The Office of General Counsel will coordinate with the appropriate university office to determine if further reporting of the conviction to a federal agency within 10 days is required under the “Drug-Free Workplace Act of 1988”; General Counsel will maintain appropriate records to verify compliance with legal reporting requirements of the act.

Within 30 days after receiving notice of the conviction, sanctions will be imposed on the employee according to university disciplinary policy and may include termination of employment or required participation in a drug rehabilitation program. However, appropriate disciplinary sanctions, up to and including termination of employment, may be imposed in the absence of a conviction after consulting with the Office of General Counsel.

ASU provides drug awareness programs and referrals to drug rehabilitation programs through the Campus Health Service, the Employee Assistance Program (EAP), and Counseling and Consultation.

ProcedureD

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Responsibility	Action
	If an employee is convicted of a criminal drug charge resulting from a violation occurring in the workplace:
Employee	Notify the Office of General Counsel within five days of receiving the conviction.
Office of General Counsel	Notify the employee’s supervisor immediately; coordinate with the appropriate university office to determine if further reporting of the conviction to a federal agency is required within 10 days.
	If required:
	Coordinate with the appropriate university office to notify the federal agency on the grant or contract; maintain appropriate records.
	Within 10 days after receiving notice of the conviction from the Office of General Counsel and in collaboration with the dean:
Supervisor (chair, director, or center director) and principal investigator on grant or contract	Consult the provost of the university regarding sanctions to the employee.
	Within 20 days after receiving the notice of conviction from the General Counsel’s Office and in collaboration with the dean:
	Initiate disciplinary action and/or referral to the Employee Assistance Program (EAP) coordinator, if appropriate.
	If the employee is referred to EAP:
EAP coordinator and employee	Meet to discuss referral to a drug rehabilitation program.
EAP coordinator	May refer the employee to an appropriate community drug rehabilitation program based on the nature of the problem and the employee’s group insurance coverage.
	If required:
Employee	Participate in the drug rehabilitation program. Note: The employee may be required to provide evidence of participation as a condition of continuing employment.
EAP coordinator	Notify the employee’s supervisor or principal investigator that the meeting did or did not take place and give the name of the referral agency, if a referral was made.

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