UNIVERSITY POLICY
SUBJECT: |
ADMINISTRATION |
TITLE: |
DRUG-FREE ENVIRONMENT
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CODING: |
00-01-10-60:00 |
ADOPTED: |
03/18/89 |
AMENDED: |
04/10/08 |
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To promote a drug-free workplace and learning environment for students, residents, faculty and staff in all University owned, leased and operated facilities. This policy is intended to implement the 1988 Drug-Free Workplace Act (Public Law 100-90, Title V, Subtitle D) and the 1989 Drug-Free Schools and Communities Act Amendments (Public Law 101-226, 34 CFR Part 86).
II. ACCOUNTABILITY
Under the direction of the Executive Vice President for Academic and Clinical Affairs, the Deans shall ensure compliance with this policy with regard to students, residents and faculty, and the Vice President for Human Resources shall ensure compliance with this policy with regard to staff members.
III. BACKGROUND
A. The federal Drug-Free Workplace Act and the Drug-Free Schools and Communities Act Amendments require that, as a condition of receiving funds or any other form of financial assistance under any federal program, the University must certify that it has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by all students and employees on University premises or as part of any University activities.
B. The University has implemented various assistance programs for individuals who have impairment problems, i.e., those who are unable to perform their duties with reasonable skill and safety due to substance abuse or alcoholism. A listing of drug and alcohol treatment centers is available from the campus assistance programs and at the campus libraries.
C. Drug and alcohol abuse jeopardizes the success of the University's programs and negatively impacts operations in terms of productivity, safety, and attendance. The University is committed to a drug-free workplace and learning environment through the development of several policies and the availability of various assistance programs.
IV. REFERENCES
A. Impaired Students 00-01-25-35:00
B. Staff Impairment 00-01-30-45:00
C. Employee Assistance Program 00-01-30-45:05
V. POLICY
A. Maintaining a Drug-Free Workplace and Learning Environment
No student, faculty member, resident or staff member is permitted to unlawfully manufacture, distribute, dispense, possess or use a controlled substance in any UMDNJ facility or while conducting official University business. Individuals who violate this policy will be subject to appropriate disciplinary action up to and including dismissal or termination from the University and referral for prosecution. A disciplinary sanction may include the completion of an appropriate rehabilitation program.
B. Drug Prevention Program
1. There shall be an annual distribution in writing by the end of September of each year to each student, resident, faculty and staff member:
a. Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol on University property or as part of any University activity;
b. A description of the applicable legal sanctions under state and federal law for the unlawful possession or distribution of illicit drugs and alcohol;
c. A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
d. A description of available drug or alcohol counseling, treatment, rehabilitation or re-entry programs that are available;
e. A clear statement and description of the disciplinary sanctions that the University will impose for violations of the standards of conduct required by this policy.
2. There shall be a biennial review by the University Office of Academic Affairs and Department of Human Resources of this drug prevention program in order to:
a. determine the effectiveness of the program and implement changes to the program if needed; and
b. ensure that the disciplinary sanctions described in section V.A. of this policy are consistently enforced.
This biennial program review shall be based upon the following types of information:
- the number and kinds of cases that are brought to campus impairment committees, assistance programs, department chairpersons, program directors and/or supervisors;
- the number and kinds of sanctions, if any, recommended by campus impairment committees and/or assistance programs;
- the number and types of disciplinary sanctions taken against individuals who violated state or federal drug laws or who resisted professional help when referred by a campus impairment committee, assistance program and/or supervisor; and
- the number and types of referrals for treatment of drug or alcohol abuse.
C. Submission of Written Certification
The Executive Vice President for Academic and Clinical Affairs has signed and submitted to the U.S. Department of Education a drug prevention program certification (copy on file).
D. Reporting Conviction Resulting from Violation of Criminal Drug Statutes
When a faculty member or a staff member is convicted for violating any criminal drug statute for an act occurring on University premises, he or she must report this incident to the cognizant department chairperson or the immediate supervisor within five (5) days. Failure to do so will be subject to appropriate disciplinary action up to and including termination from the University.
In an incident involving a faculty member, the department chairperson must apprise the Dean and contact the Office of Legal Management. In an incident involving a staff member, the supervisor must apprise the appropriate depa rtment head and Vice President as well as contact the Office of Legal Management. The Office of Legal Management will ascertain and carry out additional reporting requirements under state or federal law.
By Direction of the President:
________________________________________
Vice President for Academic Affairs
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