Controlled Substance Abuse in the Workplace

Policy number: 7.27

Policy section: Human Resources

Revised Date: January 2, 2019

1. Policy Statement

It is University policy to maintain a working environment free of the problems associated with the use of Controlled Substances.

2. Purpose

The unlawful use of Controlled Substances is inconsistent with the behavior expected of employees and subjects the University to unacceptable risks of workplace accidents or other failures that undermine the University's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in disciplinary action.

3. Applicability

This policy applies to all University employees.

4. Department Administrative Rules, Procedures, and Guidelines

The Department of Human Resources, under the purview of the Vice President for Business and Finance, has oversight and administrative responsibility for this policy and shall promulgate departmental rules, procedures, and guidelines pursuant to this policy. Detailed information can be found in Appendix A below.

5. Questions

Questions regarding this policy should be directed to the Department of Human Resources at hradmin@smu.edu.

Appendix A: Procedures Related to Controlled Substance Abuse

Prohibited Acts and Employment Consequences

  1. The unlawful use, sale, possession, distribution, dispensation, manufacture, or transfer of Controlled Substances on University property, or other work sites where employees may be assigned, or elsewhere, during work hours is prohibited.
  2. Use, sale, possession, distribution, dispensation, manufacture, or transfer of Controlled Substances on non-working time to the extent such use impairs an employee's ability to perform his/her job or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the University to the general public or threatens the University's integrity is also prohibited.
  3. Employees determined to be in violation of the policy will be subject to disciplinary action, which may include termination for a first offense.
  4. Employees, who are convicted of Controlled Substances-related violations in the workplace under state or federal law, or who plead guilty or nolo contendere to such charges, must inform their direct supervisor within five days of such conviction or plea. The Department of Human Resources will make, or cause to be made, the necessary reporting of such information to the required Federal agencies. An employee's failure to report such a conviction or plea will result in disciplinary action, which may include termination of employment for a first offense.
  5. Employees convicted of, or pleading guilty or nolo contendere to, any Drug-related violations must, at their own expense, successfully complete a Drug abuse assistance or similar program as a condition of continued employment or reemployment.

Employee Assistance Program

The University will provide mandatory assistance through the Employee Assistance Program which educates employees about the dangers of Drug abuse as part of the University's annual training schedule.

Special Employment Requirements

In certain circumstances where the University has grants or contracts that involve classified information, national security issues, or the potential to threaten the health and safety of persons on campus, employees associated with this work or candidates for employment may be subject to additional employment requirements. Requirements could include collection or reporting of additional personal information and/or reporting of violations to the granting or contracting officials.

Appendix B: Definitions

“Controlled Substances” refers to those Drugs listed in schedules I through V of section 202 of the Federal Controlled Substances Act, 21 U.S.C. §812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates.

“Drugs” means "Controlled Substances." For the purposes of this policy, this term does not include those Controlled Substances used pursuant to and in accordance with a valid prescription.

Revised: January 2, 2019

Adopted: June 1, 1994

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