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VI-8.00(A) UMCP POLICY ON EMPLOYEE ALCOHOL AND OTHER DRUG ABUSE
APPROVED BY THE PRESIDENT SEPTEMBER 9, 1992
I. Policy
The University of Maryland at College Park is dedicated to
the pursuit and dissemination of knowledge. The illegal or
abusive use of drugs or alcohol by members of the campus
community jeopardizes the safety of the individual and the
campus community, and is inimicable to the academic learning
process. The University of Maryland is therefore committed
to having a campus that is free of the illegal or abusive
use of drugs and alcohol. In keeping with this commitment,
it is the policy of the University that the illegal or
abusive use of drugs or alcohol is prohibited on University
property or as part of University activities. The
University will not hire anyone who is known currently to
abuse drugs or alcohol.
In order to inform all University employees of their
responsibilities and the possible penalties for violations
of this policy, the following rules, standards of conduct,
and sanctions are set forth.
II. Rules and Standards of Conduct
The following policies and rules are consistent with those
mandated under the Federal Drug Free Workplace Act of 1988,
Public Law 100-690, and the State of Maryland Substance
Abuse Policy, Executive Order .01.01.1991.16.
(1) All employees in the workplace must be capable
of performing their duties.
(2) Employees are prohibited from:
(a) Abusing alcohol or drugs;
(b) Committing a controlled dangerous substance
offense;
(c) Committing an alcohol driving offense;
(d) Working under the influence of alcohol;
(e) Working under the inappropriate influence of
prescription drugs or over-the-counter drugs;
(f) Working under the influence of a controlled
dangerous substance.
(3) When the University learns or, based on observation or
reliable information, suspects that an employee has
committed a controlled dangerous substance or alcohol
offense at the workplace, the University shall refer
the matter to an appropriate law enforcement authority
for further investigation and prosecution.
(4) All employees shall cooperate fully with law
enforcement authorities in the investigation and
prosecution of suspected criminal violations.
(5) An employee charged with an alcohol driving offense or
a controlled dangerous substance offense shall report
a finding of guilty, an acceptance of a plea of nolo
contendere, or a probation before judgment to his or
her supervisor within 5 work days.
(6) The supervisor shall report the conviction of an
alcohol driving offense or a controlled dangerous
substance offense immediately to the Director of
Personnel, and in the case of a controlled dangerous
substance offense, to the Director of Research
Administration and Advancement. In the event it is
determined by the University that an employee
convicted of a controlled dangerous substance offense
which occurred in the workplace was employed in the
performance of a federal contract or grant, the
Director of Research Administration and Advancement
shall notify the sponsoring federal agency within 10
days of receiving notice from the employee or
otherwise receiving actual notice thereof.
III. Alcoholic Beverages on University Premises
The Office of Campus Activities Alcohol Policy controls the
use, possession or distribution of alcohol by employees on
University premises at University sponsored activities.
This policy prohibits the possession or use of alcohol by
any person under the age of 21 or the furnishing of alcohol
to a person known to be under the age of 21. Alcoholic
beverages otherwise may not be possessed, consumed or
distributed by employees at University sponsored events
occurring on University premises for which a state or local
alcohol license is required, unless the sponsor of the event
has complied with the Office of Campus Activities Alcohol
Policy guidelines and has obtained advance written approval
from the Office of Campus Activities. Copies of this policy
are available from the Office of Campus Activities.
Questions about state and local alcohol license requirements
may be directed to the Campus Legal Office.
IV. Disciplinary Sanctions
(1) General Sanctions. Any employee found to be in
violation of any of the provisions of this policy
shall be subject to disciplinary action under
applicable University personnel policies and
applicable penalties contained in Article 64A of the
Annotated Code of Maryland. Disciplinary action
includes sanctions up to and including termination.
As a condition of continued employment, the University
may require an employee to successfully participate in
a drug abuse assistance or rehabilitation program.
(2) Sensitive employee, at-the-workplace alcohol
violations. The first time a sensitive employee is
convicted of an at-the-workplace alcohol driving
offense, or found under the influence of alcohol while
at-the-workplace, the employee shall be suspended for
15 days and required to successfully participate in an
alcohol treatment program designated by the UMCP
Faculty/Staff Assistance Program ("FASP").
(3) Sensitive employee, off-the-workplace alcohol driving
offense; non-sensitive employee, any alcohol driving
offense. A sensitive employee convicted of an off-
the-workplace alcohol driving offense, and a non-
sensitive employee convicted of any alcohol driving
offense shall:
(a) On the first conviction be referred to the FSAP,
and in addition, be subject to any other
appropriate disciplinary actions;
(b) On the second conviction, at a minimum, be
suspended for at least 5 days, be referred to the
FSAP, be required to participate successfully in
a treatment program, and in addition, be subject
to any other appropriate disciplinary actions, up
to and including termination;
(c) On the third conviction, be terminated.
(4) A sensitive employee convicted of any controlled
dangerous substance offense shall be terminated.
(5) A sensitive employee who tests positive for a
controlled dangerous substance as a result of a random
drug test shall be suspended for 15 work days and be
required to successfully participate in a drug
treatment program designated by the FSAP.
(6) A sensitive employee who abuses a legally prescribed
drug or an over-the-counter drug shall, on the first
offense:
(a) Be suspended for 5 work days; and
(b) Be required to participate successfully in a drug
treatment program designated by the FSAP.
V. Purchase of Alcoholic Beverages
Alcoholic beverages may not be purchased with Federal,
State, or other funds under the University's administrative
control. The only exceptions to this are:
(1) Alcoholic beverages purchased strictly for resale,
i.e., paid for from an individual or group's private
funds, not from a University or State assigned account
number. Strict accounting procedures must be
maintained to insure that University funds advanced to
pay for such beverages are repaid from sale of the
beverages.
(2) Alcoholic beverages purchased from funds which have
been paid into a University or State assigned account
for the express purpose of purchasing alcoholic
beverages, for example, a non-credit short course in
wine and cheese tasting. Such exceptions must be
approved in writing and in advance by the Office of
the Vice President for Administrative Affairs.
VI. Alcohol and Other Drug Programs
The University encourages employees who are experiencing
alcohol and other drug problems to seek assistance through
the University's Faculty/Staff Assistance Program or the
University Counseling Center or by self referral to a
certified rehabilitation program. A list of University and
community programs is available from the University Health
Center's Office of Alcohol and Other Drug Programs, and the
University Counseling Center.
VII. Policy Implementation
The Department of Personnel Services shall be responsible
for overseeing all actions and programs relating to this
policy. The Director of Personnel shall conduct a biennial
review of the policy and its implementation to determine its
effectiveness, make necessary changes and ensure that
disciplinary sanctions are consistently enforced.
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