VII.Community Standards and Policies: I. Policy on a Drug-Free Workplace
(Amended by the Drug-Free Schools and Communities Act of 1989)
It is the policy of Denison University that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances by University employees (faculty, staff, and student employees) in the University workplace facilities is prohibited. Additionally, students and employees of Denison are prohibited from the unlawful possession, use, or distribution of drugs and alcohol while on Denison property or as any part of its activities.
This policy is designed to comply with the Drug-Free Workplace Act of 1988 (Pub. L. 100-600, 11-18-88) and to set forth the University's standards as an employer for a workplace that provides a safe, healthy working environment for all employees. Also incorporated is the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226) which extends the drug-free requirements beyond employees to the student body at large.
3. Policy Guidelines
1. It is a condition of University employment that each employee abide by the terms of the policy.
2. Employees violating the policy will be subject to appropriate University disciplinary procedures and where appropriate, will be referred to local authorities.
3. If an employee is directly engaged in the performance of work pursuant to the provisions of a Federal grant or contract, the Administrative Staff or Supportive Operating Staff employee must notify the Office of Human Resources, or a faculty member must notify the Office of the Provost of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. The University will notify the appropriate granting or contracting agency within ten (10) days after receiving notice from the employee.
4. Within 30 days of notification of a criminal drug statute conviction, the University will have the convicted employee undergo an assessment of drug use and/or addiction. Subsequently, the University will take appropriate personnel action on behalf of the employee, at a minimum requiring drug abuse education, additional assistance, or rehabilitation and (if the severity and/or repetition of convictions warrants it) actions consistent with existing policies, up to and including termination.
b. Drug-Free Awareness Program
1. Each new University employee and all students will be provided information on the Drug-Free Workplace and Schools Policy upon joining the University as an employee and/or student.
2. Every employee engaged in the performance of federal grants and contracts shall be given a copy of this policy and related information.
3. Information is provided to the campus community in pamphlet form on health risks associated with the use of illicit drugs and the abuse of alcohol.
4. A drug-free awareness program has been established by Denison. Participating offices in administering the program are the Office of Human Resources and the Counseling Center. The program provides appropriate information, education, consultation, and referral through the University Faculty and Staff Assistance Program. Addressing the dangers of drug abuse in the workplace is an integral part of the program. This program is also available to students. Information on this program is also available in a pamphlet distributed to the campus community.
1. The term “drug-free workplace” refers to a site for the performance of work completed in connection with the employee's assigned duties and responsibilities. The term “drug-free schools” refers to unlawful activity on the institution's property and/or in the institution's activities on the part of its campus members.
2. The term “controlled substance” refers to controlled substances as defined in Section I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). Controlled substances include:
- Narcotics—opium, heroin, morphine, and synthetic substitutes.
- Depressants—chloral hydrate, barbiturates and methaqualones.
- Stimulants—cocaine (and derivatives such as crack) and amphetamines.
- Hallucinogens—LSD, mescaline, PCOP, peyote, psilocybin, and MDMA.
- Cannabis—marijuana and hashish.
3. The term “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 violation of the federal or state criminal drug statutes.
4. The term “criminal drug statute” means a criminal statute involving the manufacture, distribution, dispensation, use, or possession of any controlled substance.
4. Disciplinary Action Procedures
Disciplinary action procedures for faculty, Administrative Staff and Supportive Operating Staff are described in detail in the references indicated below. Teaching Faculty should consult the relevant sections of the Faculty Handbook (including Personnel Policies [I.A.8-9] and Community Standards and Policies [VII]). Administrative Staff and Supportive Operative Staff should consult their respective handbooks.