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Administrative Policy Manual

Policy: Drug-Free Workplace
Contact: Ann DeMeskey
VPF:
Revision Date: Ann DeMeskey

Drug-Free Workplace

AT A GLANCE:
Use, sale, manufacture, distribution, possession, receipt or transportation of any controlled substance or illegal drugs while on University Property or University business is subject to disciplinary action up to and including immediate dismissal.
 

Applies to: All Faculty, Staff and Student Permanent and Temporary Employees.

Research shows that substance abusers in the workplace are late and absent more often than non-abusing co-workers and subject to more accidents, often involving fellow employees. Substance abusers are less effective in their jobs and sometimes steal from their employer to support their addictions. They damage their own and their employer’s reputations and can involve their employers in lawsuits.

No organization is immune from the difficulties created by substance abuse. Therefore, we have established this policy and will take the necessary steps to maintain a drug and alcohol-free workplace, inform our employees annually of the dangers of substance abuse, standards of conduct, health risks and legal sanctions, and make available information on the sources of drug and alcohol counseling. Ignoring the situation, or failing to establish effective counter-measures, would be unfair to valued employees and students. It is Fairleigh Dickinson University’s policy to maintain a drug and alcohol free workplace and require compliance with this policy as a condition of employment.

In order to protect our employees, our students and the University’s reputation and integrity, Fairleigh Dickinson University has identified certain activities that will not be tolerated, that are considered gross misconduct, and could lead to disciplinary action, up to and including immediate dismissal. The policy describes these activities and possible consequences for all full, part-time and temporary employees, including students functioning in work assignments.

Covered Substances

The following substances are covered by this policy:

  • Alcoholic beverages of any kind;
  • Controlled substances and illegal drugs, which include all forms of narcotics, hallucinogens, depressants, stimulants, and other drugs; the use, possession, or transfer of which is restricted or prohibited by law.

Drugs prescribed by a physician, dentist or other persons licensed by the State or Federal Government to prescribe or dispense controlled substances and used in accordance with their instructions are not subject to the restrictions of this policy.

PROHIBITED ACTIVITIES – on University premises or University business

The following activities are prohibited while an employee is on University premises or University business. An employee who engages in such conduct is engaged in gross misconduct and is subject to disciplinary action, up to and including immediate dismissal:

  • The unlawful manufacture, use, sale, distribution, possession, receipt or transportation of any controlled substance or illegal drug;
  • The consumption of alcoholic beverages, except where authorized or in accordance with University policy. Note, however, that excessive consumption rendering one under the influence of alcohol is expressly prohibited.
  • Being under the influence of alcohol, illegal drugs, or controlled substances during business hours, whether or not consumed on University premises and whether or not consumed out of or during working hours.

An employee is considered under the influence when he or she is affected by drugs or controlled substances in any detectable manner, or when the amount of alcohol, illegal drugs or controlled substances consumed interferes with the employee’s ability to efficiently and satisfactorily perform assigned tasks and/or renders the employee a risk to others and/or to the interests of the University.

While the University is not in the business of policing the private lives of its employees, and although not occurring on University premises, the following actions are considered to endanger the University’s reputation for honesty and integrity. An employee who becomes the subject of any of the following, therefore, may be subject to disciplinary actions, up to and including immediate dismissal:

  • Arrest or conviction of criminal offenses relating to the unlawful manufacture, use, sale, possession, distribution, receipt or transportation of any controlled substances or illegal drugs;
  • Any other actions involving alcohol, drugs, or controlled substances that, in the opinion of the University, endanger its reputation for honest and integrity.

The responsibility of notifying the University lies with the employee for any criminal drug statute conviction for a violation occurring in the workplace. This notification must be no later than five (5) days after the conviction. At a minimum, the University will require any employee, who is convicted, to satisfactorily participate in a drug abuse or rehabilitation program selected by the University.

In considering whether and how to discipline employees in violation of this policy, the University will comply with the dictates of relevant Federal and State laws and regulations that address the adverse employment use of arrest and conviction information. The University reserves the right, however, to independently investigate all such employee violations of its policy and determine appropriate sanctions.

The University is committed to periodic reviews of this policy, at least bi-annually, to determine its effectiveness and assure that disciplinary actions are consistently enforced. Accordingly, we are also committed to maintaining, as prescribed by Federal regulation, records reasonably related to compliance with this policy.


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