Last policy revision: 11/1/96

SOURCE: Office of the Chancellor

Background:

Congress has enacted the Drug-Free Workplace Act of 1988 which requires the University, as the recipient of federal grants and contracts, to establish and maintain policies designed to create a drug-free workplace. This policy is to comply with these requirements.

The inappropriate use of controlled substances is detrimental to UW-Whitewater's faculty, academic staff, classified staff, students, and the public they serve. The University will attempt to assist an employee involved with the inappropriate use of controlled substances in obtaining rehabilitation. However, the ultimate responsibility for overcoming a dependency or inappropriate use of controlled substances is that of the employee.

Policy Objectives:

1. Provide a drug-free workplace and assure a safe, healthy work environment.
2. Deter the abuse of controlled substances.
3. Reduce poor or indifferent job performance and/or rule infractions resulting from abuse or inappropriate use of a controlled substance.
4. Provide assistance toward rehabilitation for individuals employed by the University who seek assistance in overcoming a dependency or inappropriate use of controlled substances.

The University does not accept nor condone the inappropriate use of a controlled substance by any individual employed by the University. The following statements specify the policy of the University.

1. (a.) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance on all university property and worksites or during work time, is prohibited. The use or possession of controlled substances on university property is prohibited under s. UWS 18.10, Wisconsin Administrative Code.
2. These policies are a condition of employment and violations may be cause for one or more of the following actions:
1. Referral to the Employee Assistance Program for evaluation and assessment to determine the appropriate treatment for rehabilitation;
2. Participation in a drug rehabilitation program;
3. Suspension from University duty; and/or
4. Termination of employment.
3. Employees may contact or supervisors may refer employees to the Employee Assistance Program for assistance and confidential service. Participation in the Employee Assistance Program and/or participation in a treatment program will not affect future employment or career advancement, nor will participation protect the employee from disciplinary action for continued substandard job performance or rule infractions.
4. The Employee Assistance Program staff will be responsible for drug-free awareness programs to educate and inform employees and supervisors about:
1. The dangers of drug abuse in the workplace;
2. The University's policies pertaining to a drug-free workplace; and
3. The availability of assistance and confidential services offered through the Employee Assistance Program.
5. All individuals employed by the University must abide by the terms of this policy and if convicted of any criminal drug statute violation occurring in the workplace, must notify their supervisor no later than five(5) days after such conviction.
6. If an employee who is paid from federal funds is convicted of a criminal drug statute for a violation occurring in the workplace, the department head must notify the Dean of Graduate Studies within five (5) days after receiving notice under item 5 above for the purpose of complying with federal regulations.
7. The Dean of Graduate Studies must notify the federal contracting or granting agency within five (5) days after receiving notice under item 6 above. Concurrently, the Dean must notify the Personnel Office if the employee is classified, the Vice Chancellor's Office if the employee is unclassified, or the Assistant Chancellor for Student Affairs' Office if the employee is a student.
8. The appropriate campus office referenced in item 7 above must take appropriate disciplinary personnel action or refer the employee to the Employee Assistance Program within twenty (20) days of receiving notice from the Dean of Graduate Studies.

1. The term "workplace" means a site for the performance of work done in connection with the employee's assigned University responsibilities.
2. The term "employees" means all paid staff of the University.
3. The term "controlled substance" refers to a controlled substance as defined in schedule I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
4. The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violation of the federal or state criminal drug statutes.
5. The term "criminal drug statue" means a criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.

A copy of this policy shall be available to every employee. Requests for assistance required to comply with this policy should be directed to the campus Personnel Office for classified personnel, the Vice Chancellor's Office for unclassified personnel, and the Assistant Chancellor for Student Affairs' office for student employees. For new hires, distribution of this notice will occur at the time the I-9 form is processed as part of the federal immigration and naturalization requirements.

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