3.1.6: Employee Drugs and Alcohol Policy

See Volume II, Subsection 2.2.1 for the University’s Drug and Alcohol policies that apply to all members of the University community.

The University is concerned about the health and welfare of its faculty and staff and therefore prohibits the unlawful manufacture, dispensing, possession, use or distribution of alcohol and illicit drugs by faculty and staff on its property or as part of any University-sponsored activity. The prohibition extends to off-campus activities that are officially sponsored by Spalding, its schools, departments or organizations. In addition, the prohibition extends to off-campus professional or organizational activities, including attendance at conferences when participation is sponsored by the University, or when a participant is representing the University. Violation of this policy will result in disciplinary consequences, including the possibility of termination and criminal prosecution.

Drug Screening Procedure
Spalding University will conduct pre-employment drug screening examinations on all job candidates post-offer (contingency offer). Drug Screens are to be processed after a contingent offer of employment has been extended and accepted. The applicant will be required to submit to a urinalysis test at a laboratory chosen by the University within 24 hours of the notification date. The offer of employment is contingent upon the successful results of the drug screen. A new hire may begin working prior to the results of the drug screen, however should a negative result yield from the screen, the new hire will be subject to immediate disciplinary action, up to and including termination. A drug screen is also required for all rehires that have been separated for longer than 90 days. A drug screen may be required of any current/active employee given justifiable cause or to maintain compliance with accreditation standards.
The drug screen is designed to prevent employing individuals who use illegal drugs or substances. The University has vital interest in maintaining safe, healthful and efficient working conditions for its students and employees. Being under the influence of drugs or alcohol on the job may pose serious safety and health risks not only to the user, and to those who work with the user, but also to the public we serve.
Any applicant who expressly declines drug testing or engages in conduct that clearly obstructs the testing process shall be deemed to have refused drug testing. Any applicant who fails to appear for drug testing after proper notification shall be deemed to have refused drug testing. Any applicant who fails to provide adequate urine for testing without a valid medical reason shall be deemed to have refused testing. Once an applicant has refused testing, the conditional job offer will no longer be valid and the applicant will not be eligible for employment.
The testing laboratory shall forward the results of all pre-employment drug tests to the Office of Human Resources who shall assure the security of such results.
An applicant whose results of drug testing do not indicate illegal drug usage may be considered eligible for employment. No follow up notification is required
An applicant whose results of drug testing indicate that the applicant has used an illegal drug(s) shall be disqualified from employment. The Office of Human Resources shall, upon receipt of a positive laboratory report, attempt to contact the applicant and without further action or review, shall report to the supervisor that the applicant is disqualified from employment.
The results of pre-employment drug testing shall remain confidential and shall not be a public record unless necessary for the use in arbitration, administrative hearing and court cases arising as a result of the employee’s drug testing or otherwise mandated by other state or federal law.

All employees are expected and required to report to work on time and in the appropriate mental and physical condition for work. Employees determined to be in violation of this policy may be removed from the workplace and may be required to submit to a drug screen to determine the presence of any illegal substances. If the employee is required to submit to a drug screen, he/she shall be suspended from work, with pay, until the results of the test are reported to the University. Once the results are determined, the employee may be subjected to disciplinary action, up to and including termination of employment. All testing results will remain confidential. Test results may be used in arbitration, administrative hearings and court cases arising as a result of the employee's drug testing. Results will be sent to federal agencies as required by federal law. If the employee is to be referred to a treatment facility for evaluation, the employee's test results will also be made available to the employee's counselor.

To ensure that the Drug-Free Workplace and Alcohol Policies (See Volume II, Subsection 2.2.1) are strictly adhered to, the University reserves the right to inspect University property including, but not limited to offices, desks, lockers, vehicles, and parking lots (see paragraph 3.1.19 ). The University reserves the right to question any employee suspected of the use, sale, or possession of illegal substances while on the job or on University premises. Illegal substances confiscated will be turned over to the local law enforcement agency and may result in criminal prosecution. Employees who are convicted for drug or alcohol-related offenses occurring at the workplace or in the course of employment must notify the University within five days of the conviction and may be subject to University disciplinary action up to and including termination of employment.

The University recognizes alcohol and drug dependency as illnesses which contribute to major health and behavior problems. Employees needing assistance in dealing with alcohol or drug related problems should contact the Human Resources Director for referral to the appropriate resources. Conscientious efforts to seek and use such assistance will not jeopardize an employee’s job. At the same time, the University is concerned about the potential for adverse effects of alcohol or other drug use on employee health and safety and University security. If an employee is found to be addicted to or chronically abusing alcohol or drugs which addiction or abuse interferes with the employee’s job performance, the employee may be subject to University disciplinary action which will be dictated by the nature of legal involvement, the employee’s present job assignment, the employee’s personnel record and other factors relative to the impact upon the University. It is the intent of this policy to provide an alcohol and drug-free, healthy, safe and secure work environment, and further to provide a program of alcohol and drug awareness to all current and future employees.