Chapter 9 - General Provisions
Publication Date: October 27, 2010
Responsible Executive: VP for Business Affairs
9.18 Drugs and Alcohol
The University of Texas San Antonio (UTSA) is committed to having a campus that is free of the illegal or abusive use of drugs and alcohol. The University recognizes that the illegal and/or abusive use of drugs or alcohol by members of the University community can prevent the University from meeting its commitments and accomplishing its missions. Further such use jeopardizes the safety and welfare of the individual, fellow employees and the University community.
Consistent with state and federal law, the University will maintain a workplace free from the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance and/or alcohol. This policy is implemented in compliance with the Drug-Free Workplace Act of 1988, and the Drug-Free Schools and Communities Act Amendments of 1989.
The purpose of this statement is to establish policy for all UTSA employees concerning manufacture, sale, possession, distribution, or use of alcohol or illegal drugs
- during working hours;
- in a manner while off duty that impairs on-duty work performance; or
- in a manner while in attendance at an official University function or at an authorized University site that adversely affects the performance of the employee or may adversely affect the health or safety of any other person.
The provisions of this drug and alcohol policy do not relieve an employee from requirements pursuant to other university policies on drugs and alcohol.
A work environment that is free of employees whose performance is adversely affected by drugs or alcohol is especially important in academic and health settings. The University expects employees to report to work able to perform their duties safely and efficiently.
This policy applies to all UTSA employees.
WEBSITE ADDRESS FOR THIS POLICY
RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS
UTSA or UT System Policies or the Board of Regents' Rules & Regulations
Other Policies & Standards
If you have any questions about HOP policy 9.18, Drugs and Alcohol, contact the following office:
A drug or chemical substance whose possession and use are regulated under the Controlled Substances Act
- Complies with university policies regarding drugs and alcohol.
- Encourages employees who use illegal drugs, or abuse controlled substances, or abuse alcohol to seek help from available resources.
- Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirement of the Drug-Free Workplace Act of 1988.
- The unauthorized purchase, manufacture, distribution, possession, sale, storage or use of an illegal drug or controlled substance while on duty, while in or on premises or property owned or controlled by the University, or while in vehicles used for University business is prohibited.
- The unauthorized use or possession of alcohol while on duty or while in vehicles used for University business is prohibited.
- The use of alcohol or an illegal drug or controlled substance while not on duty which adversely affects job performance or may adversely affect the health or safety of other employees, students, visitors or patients is prohibited.
- The use of alcohol at an authorized University function, in the course of official University business, or at an authorized University site which adversely affects job performance or may adversely affect the health or safety of any other person is prohibited.
- Published warnings about prescribed or over-the-counter medication and its impact on work performance or the adverse affects on the safety of others must be heeded by the employee. A supervisor's advice and assistance may be necessary when job adjustments are required to ensure an employee's ability to perform assigned work in a safe manner because of the use of such medications.
- The distribution to others of a drug or controlled substance obtained pursuant to a prescription, except by duly licensed and certified persons, while on duty or while in or on premises or property controlled by the University is prohibited.
- All employees are required to notify the University in writing within five (5) calendar days of a conviction under a criminal drug statute for a violation occurring in the workplace.Â
- Having received such notice or otherwise obtaining actual notice, a supervisor is required to make a report within ten (10) calendar days to a contracting officer if required under the terms of the grant or contract.Â A supervisor will initiate personnel action within thirty (30) calendar days of being notified, if required under the terms of the grant or contract.
- All employees are responsible for enforcing this policy.
- All employees are prohibited from interfering with the implementation of this policy.
- An employee who violates this policy may be subject to disciplinary action up to and including termination of employment.
- At the discretion of the University, the employee may be referred to an employee assistance program and may be required to participate in and satisfactorily complete a chemical abuse rehabilitation program as a condition of continued employment.
- Supervisors will contact Human Resources Employee Relations when an employee is observed performing behavior in violation of this policy or appears to be impaired.
- Employees may be required to undergo drug and alcohol testing pursuant to drug and alcohol program requirements for specific positions.
III. University Employee Assistance
Because of the considerable health risks involved in drug and alcohol use, resources are available to assist the University community in understanding and dealing with drug and alcohol abuse problems. University employees can learn about the dangers of substance abuse and get information about treatment and counseling options available to the University community through the Employee Assistance Program and the Office of Human Resources. Employees who use illegal drugs or abuse controlled substance or alcohol are encouraged to seek help from available resources.
IV. Supervisor Training
The university will provide training to those individuals with supervisory responsibility over positions with duties that require drug testing when such training is required by law.
V. Dissemination of Policy and Drug Free Workspace Statement
- A Drug Free Workplace policy statement will be published in institutional policies and procedures.
- The following notice shall be provided to all university employees when hired and the record of notice maintained:
Pursuant to the Drug-Free Workplace Act of 1988 (41 U.S.C.A. Â§Â§ 701-707), the university is required to notify all employees that the unlawful manufacture, sale, distribution, dispensing, possession or use of a controlled substance in or on any premises or property owned or controlled by the University is prohibited. A controlled substance is any substance so defined by federal or state statute or regulation.
Any employee who is found guilty (including a plea of no contest) or has a sentence, fine or other penalty imposed by a court of competent jurisdiction under a criminal statue for an offense involving a controlled substance that occurred in or on premises or property owned or controlled by the University shall report such action to his/her supervisor within five (5) days.
An employee who unlawfully manufactures, sells, distributes, possesses or uses a controlled substance in or on premises or property owned or controlled by the University, regardless of whether such activity results in the imposition of a penalty under a criminal statute, will be subject to appropriate disciplinary action, up to and including termination of employment, or will be required to participate and satisfactorily complete an approved drug assistance or rehabilitation program or both.