Alcohol and Other Drug Policies and Procedures 5202

I. PURPOSE

To protect the health, safety, and welfare of all members of the Longwood community by taking all reasonable measures to assure that a drug-free workplace is maintained and that employees perform their duties unimpaired by the effects of drugs or alcohol. (In accordance with Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989).

II. DEFINITIONS

For the purpose of clarification, the following terms will have the meanings outlined below:

  1. Alcohol: Any product as defined in The Alcoholic Beverage Control Act, Section 4.1-100 of the Code of Virginia, as amended.
  2. Controlled Substance: drug or substance found in section 54.1-3401 and Schedules I through IV of Sections 54.1-3446 through 3456 of the Code of Virginia, as amended, and Section 202 of the Federal Controlled Substances Act (21 U.S.C. 81).
  3. Conviction: A finding of guilt (including a plea nolo contenders) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine
    violations of the Federal or State criminal drug statutes, alcohol beverage control laws, or laws that govern driving while intoxicated.
  4. Criminal Drug Statute: A criminal statute prohibiting the unlawful manufacture, distribution, dispensation, use, or possession of any controlled substance.
  5. Drug: Any controlled substance or prescribed or non-prescribed medication, taken into the body, other than alcohol, which may impair one's mental faculties and/or physical performance.
  6. Employee Assistance Program (EAP):  A confidential assessment, referral, and short-term problem-solving service available to eligible employees and family members. Enrollment in the EAP is automatic as part of the health plan coverage.
  7. Employee: Administrative faculty, professional faculty, teaching faculty, classified and non-classified, full-time and part-time, salaried, and hourly persons, and any and all other individuals, except independent contractors, employed by Longwood.
  8. Workplace: Any site where official duties are being performed by employees.

III. POLICY

This policy applies to all Longwood University employees. The following acts are violations of this policy:

  • The unlawful or unauthorized manufacture, distribution, dispensation, possession, or use of alcohol or other drugs in the workplace;
  • Impairment in the workplace from the use of alcohol or other drugs, except from the use of drugs for legitimate medical purposes;
  • A criminal conviction for a: violation of any criminal drug law, based upon conduct occurring either on or off the workplace; or
  • violation of any alcohol beverage control law or law that governs driving while intoxicated, based upon conduct occurring in the workplace; and
  • An employee's failure to report to his or her supervisor the employee's conviction of any offense, as required in Employee Responsibilities.

Employee Responsibilities

  • All employees shall abide by the terms of this policy and notify their supervisors of any conviction of:
    • A criminal drug law, based on conduct occurring in or outside of the workplaces; or
    • An alcohol beverage control law or law that governs driving while intoxicated, based on conduct occurring in the workplace.
  • How notificationgiven
    • Notification of a conviction must be made in writing and delivered no later than five calendar days after such conviction.
  • Effect of appeal ofconviction
    • An employee's appeal of a conviction does not affect the employee's obligation to report the conviction.

Institutional Responsibilities

  • Shall provide its employees a copy of this policy, including a description of the health risks associated with the illicit use of drugs or the abuse of alcohol, and a general description of criminal sanctions under Federal and State law, for the unlawful possession or distribution of illicit drugs and alcohol (required by the Drug-Free Schools and Communities Act of 1989).
  • Inform its employees of the dangers of drug abuse in the workplace, and availability of drug and alcohol counseling, and rehabilitation and employee assistance programs.
  • Inform any contracting or granting agency within ten (10) days after receiving notice from an employee of any criminal drug statute conviction for a violation occurring at the workplace, when the subject employee is a sponsored program employee.
  • Within thirty (30) days of receiving notice of an employee's conviction for a criminal drug statute offense occurring in the workplace, take appropriate disciplinary action against such employee and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program, as required by the Drug-Free Workplace Act of 1988.

Rehabilitation Programs

  • Employees experiencing a problem with drug or alcohol abuse or dependency are encouraged to seek counseling assistance. Supervisors are encouraged to assist employees seeking such assistance. Notwithstanding an employee's voluntary participation in a drug or alcohol rehabilitation program, the employee is expected to perform his/her duties according to developed job standards and expectations.
  • The State’s Employee Assistance Program (EAP) is available to eligible state employees for counseling and referral for drug and alcohol related problems as well as other personal problems.
  • With respect to any violation of this policy, the following provisions apply;
    • Supervisors should consult with EAP or other state operated substance abuse programs prior to referring a state employee to a drug or alcohol assistance or rehabilitation program (under current health care benefits, not all treatment programs are covered).
    • Management is encouraged to consult with EAP or other state operated substance abuse programs in determining whether a state employee referred to an assistance or rehabilitation program has satisfactorily participated in such program.
    • Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Health may be contacted to provide assistance and referral information.
    • Employees may be granted leaves of absence (leave without pay if no leave balances are available) to participate in rehabilitation programs for treatment of drug or alcohol abuse at discretion of management.

Revised and approved by the Board of Visitors, September 7, 2002.
Revised and approved by the Board of Visitors June 8, 2018.