Drug Statute Convictions
An employee who is convicted of violating a drug law in the workplace must report the conviction to the appropriate department head within five days. Failure to report a conviction will be subject to disciplinary action.
If the employee is working on a federal government grant or contract, the department head will report the conviction to the vice president, who will in turn report the conviction to the University Office of Sponsored Programs, the Dean of Research (Medical Center employees only), and other affected offices.
The Office of Sponsored Programs will report the conviction to the federal government within ten days of notification of the conviction.
Discipline
Distributing Illegal Drugs
The University will terminate the employment of any individual who is convicted of unlawful manufacture, distribution, dispensation, or possession with intent to distribute or dispense an illegal and/or controlled drug in the workplace within 30 days of receiving notice of the employee's conviction.
Using Illegal Drugs
The University will discipline and may terminate individuals convicted of possession with intent to use an illegal and/or controlled drug in the workplace within 30 days of receiving notice of the employee's conviction. Disciplinary actions may include the termination of employment?lesser sanctions may require the employee to satisfactorily participate in an approved drug abuse assistance or rehabilitation program.
In either case (using or distributing illegal drugs), the University may conduct an inquiry and impose a sanction using the procedures outlined below under Administrative Review.
Administrative Review
When a conviction is reversed for procedural irregularity, the University may conduct an inquiry and take appropriate disciplinary action. Inquiries concerning faculty members will be conducted by an ad hoc committee appointed by the appropriate campus executive vice president. The committee will recommend actions to the appropriate University authority; however, the University will not impose a sanction that is more severe than that recommended by the committee.
The University may also conduct inquiries and impose disciplinary sanctions including termination in cases of drug-related activities in the workplace for which an employee has not been criminally convicted. The University will follow normal procedures governing faculty and staff misconduct and may take disciplinary steps up to and including termination of employment.
|