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Two federal laws, the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Amendments of 1989, stipulate that a college or university must certify to the U.S. Secretary of Education that it has adopted and implemented a program to prevent the unlawful manufacture, distribution, possession, or use of illicit drugs and alcohol by employees and students.

¶¥¼¶¹ú²úÊÓƵ & Marshall Alcohol and Drug Policy

¶¥¼¶¹ú²úÊÓƵ & Marshall College is committed to maintaining a healthy and safe environment which promotes respect for oneself and others; zero tolerance for disruptive behavior, unsafe conditions, or unsatisfactory work performance resulting from alcohol or other drug use; and compliance with the law. The entire campus community shares responsibility to eliminate alcohol and other drug abuse and the consequences of abuse. The mission of the College is supported and enhanced by these community standards. The College expects employees to obey all local, state, and federal laws regarding alcohol and illegal drug use, and to report to work fit for duty. The illegal manufacture, sale, possession, or use of drugs or alcohol may subject an employee to serious legal sanctions as well as to corrective action in the workplace. Penalties for the manufacture or sale of drugs are even more severe if violations occur within 500 feet of an educational institution, such as ¶¥¼¶¹ú²úÊÓƵ & Marshall College.

Applicability

This policy applies to all members of the faculty and professional staff at ¶¥¼¶¹ú²úÊÓƵ & Marshall College. Policies for students are described in the Student Code.

Officers, dispatchers, and supervisors in the Department of Public Safety should refer to the Public Safety policy on drug and alcohol testing for additional information and requirements.

Alcohol Policy for Faculty and Professional Staff

Scope-- All alcoholic beverages fall within the scope of this policy.

Prohibited Conduct-- The following is prohibited conduct:

• The use of alcoholic beverages by an employee on College premises, except at a College event properly approved and scheduled according to College policies governing such activities.

• The transport of any item within the scope of this policy, either on one's person or in a vehicle while on College business or on College premises, or while operating College-owned or College-leased vehicles or equipment, except in conjunction with a College event properly approved and scheduled according to College policies governing such activities. The use of alcoholic beverages by an employee while not on College time or premises, if the employee reports to work under the influence of alcohol, or the employee's work performance is affected by the use of alcohol.

• The failure to notify ¶¥¼¶¹ú²úÊÓƵ & Marshall College's Human Resources office of any alcohol-related conviction, within five days of the conviction, resulting from a violation while on College premises or while engaged in professional activities on behalf of the College.

• Violations of local, state, and federal laws pertaining to the manufacture, distribution, possession, or use of alcohol, including providing alcohol to a ¶¥¼¶¹ú²úÊÓƵ & Marshall student or other individual who is under age 21.

Pennsylvania State Law

All persons while in the Commonwealth of Pennsylvania are subject to the Pennsylvania Liquor and Penal Code. It is illegal for anyone who has not reached the age of 21 to possess, transport, or drink alcoholic beverages in Pennsylvania. The law also prohibits the selling or furnishing of alcoholic beverages of any kind to persons under 21 years of age by any agency or any person. "Furnish" is defined as: To supply, give, or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged (Pennsylvania Crimes Code, 1986). In addition, it is unlawful to misrepresent one's age to any person to obtain alcoholic beverages or to represent to any person that a minor is of age.

Drug Policy for Faculty and Professional Staff

Scope-- All illegal drug use falls within the scope of this policy.

Prohibited Conduct-- The following is prohibited conduct:

• The unlawful manufacture, distribution, possession, or use of a controlled substance(s) in any facility or worksite of ¶¥¼¶¹ú²úÊÓƵ & Marshall College.

• The transport of an illegal drug, either on one's person or in a vehicle while on College business or on College premises, or while operating College-owned or College-leased vehicles or equipment.

• The use of an illegal substance by an employee while not on College time or premises, if the employee reports to work under the influence, or the employee's work performance is affected by the illegal use of a drug.

• The failure to notify ¶¥¼¶¹ú²úÊÓƵ & Marshall College of any drug-related conviction, within 5 days of the conviction, resulting from a violation while on College premises or while engaged in professional activities on behalf of the College. Based on provisions of the Drug-Free Workplace Act of 1988, any College employee who is convicted of any drug-related crime in the workplace must notify the ¶¥¼¶¹ú²úÊÓƵ & Marshall Human Resources office within 5 days of the conviction. Notification of such conviction is a mandatory condition for continued employment. Any employee convicted of any drug-related crime in the workplace will be subject to corrective action, up to immediate separation from employment.

• Violations of local, state, and federal laws pertaining to the manufacture, distribution, possession, or use of drugs.

Consequences of Violations of the Alcohol and/or Drug Policy

If an employee engages in any prohibited conduct, the consequences of that action will be corrective action up to and including immediate separation from employment, depending upon the College's view of the seriousness of the offense. Although the College offers resources to help an employee overcome substance abuse, nothing in this policy will insulate an employee from corrective action for unprofessional conduct, poor work performance, or violations of attendance requirements which may have been induced by drugs or alcohol, up to and including separation from employment. The College's response to violations on campus of local, state, and federal law includes referral for prosecution.

An employee who is required to drive a College vehicle or a personal vehicle in order to perform his/her job duties must maintain a valid driver's license. An employee who is required to drive for College business must not have had a conviction for driving under the influence/driving while intoxicated within the past 24 months. If an employee's license is suspended or revoked for any reason, and/or an employee is convicted of driving under the influence, the employee must promptly notify Human Resources. The employee may be reassigned to other job duties, if practical as determined solely by the College, or employment may be terminated.

Substance Abuse Testing

When it has been established by ¶¥¼¶¹ú²úÊÓƵ & Marshall that testing an employee for drug and/or alcohol use is warranted based on reasonable suspicion of violation of this policy, the College will require the employee to undergo testing. Before testing is required, the supervisor/department manager is to consult with the HR Department. Reasonable suspicion testing may be based upon:

• direct observation of drug or alcohol use or possession by a College employee while working, in the workplace, or on campus before or during working hours;

• observable physical symptoms of being under the influence of a drug or alcohol while working that lead a supervisor to conclude that an employee may not be fit for duty;

• unsafe, erratic, or disruptive behavior in the workplace that a supervisor could reasonably conclude may be due to drug or alcohol use.

Whenever possible, a supervisor who suspects an employee is under the influence of a drug or alcohol while working is to immediately contact his/her department manager, or the HR Department, to witness the employee's behavior. The supervisor must also carefully document what he/she has observed. Generally, an employee who is believed to be under the influence while at work will be transported to Lancaster General Hospital for drug and/or alcohol testing. A refusal to submit to a drug and/or alcohol test, or refusal to allow results to be released to the College, may result in disciplinary action, up to and including termination of employment. Typically, an employee will be suspended without pay pending the results of an alcohol and/or drug test. The employee must receive a "negative" test - one that shows the employee is free from impairment due to illegal drugs, illegally prescribed drugs, and alcohol - before being permitted to return to work.

If an employee acknowledges that he/she is under the influence while working, the employee will be provided with transportation home. Disciplinary action, including a mandatory referral for evaluation and substance abuse treatment, testing for drugs and/or alcohol for some period of time, unpaid time off work, or employment termination, may result. In addition, the employee may be required to undergo drug and/or alcohol testing, and obtain a negative test, before returning to work.

Note: if a supervisor believes an employee is under the influence of drugs or alcohol while at work, the supervisor is to arrange for the employee to be safely transported to Lancaster General Hospital for testing or to the employee's home (after consulting with the HR Department).

Testing will be conducted by Lancaster General Hospital (LGH) Occupational Medicine, Health Campus, 2110 Harrisburg Pike, 544-3155. After normal business hours, testing will be done at Lancaster General Hospital, 555 North Duke Street, 544-5122. LGH will test for specific drugs and use testing methods based on Department of Transportation testing regulations. Alcohol testing is done via a breath test. Testing for illegal drugs is done via a urine test. Collection methods are designed to help assure the individual's privacy, and the validity of test results. Positive tests are confirmed by LGH, through an additional test, before being reported to the College. LGH will provide an employee being tested with the opportunity to disclose any prescription medications he/she has taken which might affect test results.

Test results will be reported to the HR Department by LGH. Test results will be shared with the employee's supervisor and/or department manager as necessary. The employee will be provided with the written test results. The results of the testing will become part of the employee's medical file, but not the employee's personnel file. The College will respect the confidentiality of the test results and treat test results in accordance with relevant local, state, and federal medical privacy regulations.

A "positive" test - one that indicates the tested employee was under the influence of alcohol or an illegal drug, including a prescription drug which was not legally prescribed for the employee - will generally result in disciplinary action. Such disciplinary action may include a mandatory referral for evaluation and substance abuse treatment, additional testing for drugs and/or alcohol for some period of time, unpaid time off work, or employment termination.

The College will pay the costs associated with having drug and/or alcohol tests administered, and will pay normal base wages if an employee is required to undergo testing during his/her regularly scheduled working hours. If testing is done during non-working hours, there will be no compensation to an employee for time spent submitting to the test.

The College will require a drug and alcohol screen before a newly hired staff member begins employment, if he/she will have access to controlled substances during the course of employment. Employment will be contingent on a negative test.

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Policy Maintained by: Human Resources, Associate Vice President
Last Reviewed: June 8, 2022