Philosophy
The abuse of drugs is inconsistent with the university's mission and will not be tolerated in the workplace. At the same time the university stands ready to help the employee who is willing to seek counseling and rehabilitative therapy. The following policy and procedures are consistent with this philosophy and with the Drug-Free Workplace Act of 1988 (DFWA).

Definition
For the purposes of the policy, "drugs" is defined to include illegal drugs and narcotics. Alcoholic beverages and prescription drugs are included when abused (used illegally or in an unauthorized or unprescribed manner). Additionally, legal or prescription drugs which may impair an employee's ability to perform his/her job are covered under this policy.

Policy
It is the policy of St. Edward's University to prohibit the unlawful manufacture, distribution, dispensation, possession, or use of drugs in the workplace. Violations of this policy will result in disciplinary action, which, at the university's discretion and depending upon the seriousness of the violation, may range from required participation and successful completion in a rehabilitation program to termination of employment.

Employee-Initiated Assistance
An employee experiencing problems resulting from drug abuse or dependency should seek information on resources and referral from his/her supervisor, the Office of Human Resources, and/or the Employee Assistance Program, 1 800-343-3822.  Such assistance will be kept confidential and will not influence performance appraisals. Job performance alone, not the fact that an employee seeks help, is the basis of all performance evaluations.

Employer-Initiated Assistance
An employee demonstrating unusual behavior, performance deterioration, increased absenteeism, etc., may be referred for outside evaluation at the university's expense. The employee will give the employer permission to confer with health care providers. If drug abuse or dependency is not indicated, then the employee may return to work with a health care provider's release indicating work restrictions (not drug-related), if any. The concerns that caused the evaluation will then be handled in accordance with the Employee Handbook, if appropriate, and standard university practice.

If drug, narcotic, or alcohol abuse or dependency is indicated, the employee must cooperate with the treating health care provider's prescribed rehabilitation program. Such cooperation is a condition of continued employment. Cooperation includes:

1. Signing a release giving the employer permission to confer with health care providers;

2. Complying in a substantial way with all aspects of the prescribed rehabilitation program (good faith effort); and

3. Becoming and remaining drug/alcohol free.

Expenses incurred in the treatment of substance abuse are the responsibility of the employee. As usual, performance, attendance, tardiness and behavior issues will be handled in accordance with the Employee Handbook, if applicable, and standard university practice.

The university's health plan has some benefits for the treatment of drug and/or alcohol abuse for covered employees and their covered dependents. Detailed information may be obtained by calling the health plan or by reading the plan booklet(s) available in the Office of Human Resources.

Employer Sanctions
An employee who refuses to cooperate with the evaluation and/or a prescribed rehabilitation program will be handled in accordance with the Employee Handbook, if applicable, and standard university practice. Disciplinary action is to be considered primarily preventative or corrective; however, the university has a broad range of possible sanctions it may apply. Sanctions for drug-related or alcohol infractions may range from required participation in a rehabilitation program to termination of employment.

Legal Sanctions
The unlawful possession, use, or distribution of illicit drugs and alcohol constitutes a violation of local, state, and/or federal law. Offenses and penalties for conviction can range from Class B misdemeanors (fine not to exceed $1,000 and/or 180 days in jail or less) to first degree felonies (life or 5-99 years and optional fine not to exceed $10,000). Certain felony drug convictions may carry a special penalty of 15-99 years and up to a $250,000 fine.

Workplace Criminal Drug Convictions
In accordance with the Drug-Free Workplace Act (DFWA) of 1988, employees convicted of any criminal drug violation occurring in the workplace who notify the Office of Human Resources within five days of conviction, and who are not incarcerated or are permitted to work under a work release program will be required, as a condition of continued employment with the university, to participate in a drug abuse assistance or rehabilitation program to be undertaken at the expense of the employee. The satisfactory participation in the drug abuse assistance or rehabilitation program includes cooperating with the treating health care provider's prescribed rehabilitation program as set forth above in the Employer-Initiated Assistance provision of this policy. Employees who choose to participate in a drug abuse assistance or rehabilitation program will be given a leave of absence, without pay, for the time necessary to complete the program and upon satisfactory completion will be returned to the same or similar job that the employee occupied before the conviction. Rehabilitation is only offered for an employee's first conviction. Subsequent convictions will result in termination from employment with the university.

Education
SEU is dedicated to providing quality education in a wholesome environment. To this end a drug-free awareness program designed to reach all segments of the university is available. The St. Edward’s Alcohol and Other Drugs Task Force (AOD) is composed of faculty, staff, and student leaders. Its goal is to develop a coordinated effort across campus for alcohol/drug-related education, training, resource, and referral. In support of its goal, AOD sponsors educational programs and outreach activities (Alcohol and Drug Awareness Days, Health Fair, Brown Bag Lunches, etc.) throughout the year.

Treatment
The university's health plan has some benefits for the treatment of drug and/or alcohol abuse for covered employees and their covered dependents. Detailed information may be obtained by calling the health plan or through reading the plan booklet(s) available in the Office of Human Resources.