Substance-Free Campus and Workplace (IV.A.9)

Volume ­­IV: Facilities and Safety
Chapter A: Safety
Responsible Executive: President
Responsible Office: Office of the Vice President for Human Resources
Date Issued: September 15, 2023
Date Last Revised: N/A

TABLE OF CONTENTS

Contacts
Statement of Policy
Reason for This Policy
Individuals and Entities Affected by This Policy
Exclusions
Responsibilities
Definitions (defined terms are capitalized throughout the document)
Related Documents, Forms and Tools
Website Address for This Policy
History and Updates
Appendix

CONTACTS

STATEMENT OF POLICY

Purdue University is committed to providing students, faculty, staff, and visitors a safe and healthful campus and Workplace. The University recognizes the health risks associated with Controlled Substance use and Alcohol misuse and is committed to supporting Students and Employees who seek treatment for these conditions. The University also recognizes that Controlled Substance use and Alcohol misuse diminish Workplace and campus safety and undermine the University's ability to fulfill its missions of learning, discovery and engagement. Therefore, compliance with this policy is considered a condition of employment (for Employees) and attendance (for Students) at the University.

The lawful use, sale, possession, storage, or dispensation of Alcohol and Controlled Substances on University Premises is permitted only:

1. With approval of and in facilities designated by the CFO (West Lafayette) or Chancellor (Fort Wayne and Northwest), or their designees,
2. In connection with university-related activities regulated under applicable federal or state laws and regulations, or
3. Pursuant to a valid prescription in the case of a Controlled Substance.

Prohibited Conduct

The following conduct is prohibited:

1. Unlawful use, sale, manufacture, distribution, possession, storage, or dispensation of Alcohol or Controlled Substances on University Premises, as part of any university-related activity, or in the Workplace.
2. For Employees, being under the influence of Alcohol or a Controlled Substance that impairs job performance or attendance or creates an undue risk of harm to themselves or others, even when consumption or use is outside working hours or the Workplace. Inquiries regarding legal prescription drug use by Employees are allowed only by Human Resources in accordance with applicable laws and regulations.
3. For Students, being under the influence of Alcohol or a Controlled Substance during a university-related activity or on University Premises that creates an undue risk of harm to themselves or others. Inquiries regarding legal prescription drug use by Students are allowed only by the appropriate campus student affairs officer in accordance with applicable laws and regulations.
4. Any other conduct by a Student or Employee that the University determines to be inconsistent with providing a substance-free campus and Workplace.

Workplace Inspections

The University reserves the right to inspect the Workplace for Alcohol, Controlled Substances, and paraphernalia relating to Alcohol or Controlled Substances and to question any Employee when it reasonably suspects that this policy has been violated. The decision to conduct a Workplace inspection is made jointly by the supervisor who believes the inspection would be appropriate under this policy and a representative of the campus Human Resources department. In all cases, the head of Human Resources for the campus (or designee) must authorize a Workplace inspection. Employees who interfere with or otherwise obstruct a Workplace inspection may be subject to disciplinary action.

This section does not limit in any way the Purdue University Police Department's right to conduct law enforcement activities, including but not limited to, questioning or searching any person or inspecting any University Premises.

Controlled Substance and Alcohol Testing

Employees and Students who perform certain tasks or are involved in certain activities, academic programs or co-curricular activities may be subject to drug and Alcohol testing, which includes but is not limited to:

1. Student athletes who participate in intercollegiate sports, in accordance with National Collegiate Athletic Association regulations;
2. Employees engaged as commercial motor vehicle operators who are governed by Department of Transportation regulations;
3. Employees performing public safety duties may be subject to pre-employment testing, post-accident testing, return-to-duty testing, and follow-up testing; and
4. Employees and final applicants who work (or will work) on certain federal and non-federal sponsored project contracts, including U.S. Department of Defense contracts.

All Employees of the University may be subject to drug and Alcohol testing for reasonable suspicion. The decision to conduct reasonable suspicion testing will be made jointly by a supervisor who believes reasonable suspicion exists and a representative of Human Resources. In all cases, the head of Human Resources for the campus (or designee) must authorize reasonable suspicion testing.

Student athletes and Employees who fail to participate in drug or alcohol testing as outlined above and/or whose test results are positive may be subject to disciplinary action.

Employee Assistance and Behavioral Health Programs

The University offers free, confidential services to Employees regarding Alcohol or Controlled Substance dependency and abuse, including:

1. Information about the dangers of Alcohol and drug use,
2. Information about this policy,
3. Assessment and evaluation,
4. Referral to and information regarding public and private treatment programs,
5. Services to families of Employees with drug or Alcohol problems, and
6. Assistance with questions concerning insurance coverage.

Employee Self-Referral

Employees who believe they may be experiencing Alcohol or Controlled Substance dependency and/or abuse are strongly encouraged to voluntarily contact their family physician or the University campus's Employee assistance or behavioral health program for assistance. Employees may seek help without their supervisor's knowledge. Although voluntarily seeking assistance will not bar the University from treating the Employee like other Employees under this policy, the University will consider voluntary requests for help in determining any discipline to be imposed. The University will not assume any financial or other responsibility for Alcohol or drug treatment, except as may be provided by university benefits.

Sanctions and Corrective Action

The University will evaluate violations of this policy on a case-by-case basis. In determining the appropriate sanction or corrective action, the University may consider an individual's work or academic record, the seriousness of the violation, the safety-sensitivity of the individual's position, whether the individual's behavior violated the policy on Violent Behavior (IV.A.3), whether a sanction or corrective action is permissible under law, and any other relevant factors.

Any Employee who engages in prohibited conduct listed above may be:

1. Immediately removed from duty,
2. Referred to the Employee assistance or behavioral health program,
3. Required to complete successfully an Alcohol or drug abuse treatment program as a condition of employment,
4. Reported to authorities for criminal prosecution or other appropriate action,
5. Disciplined, up to and including termination of employment, and/or
6. Subject to any other appropriate action by the University.

Any Contractor or Visitor who engages in prohibited conduct listed above may be barred from further work for the University or from further participation in university-related activities as may be permitted by law. The University also may report the individual to authorities for criminal prosecution or other appropriate action.

Any Student who engages in prohibited conduct may be:

1. Referred to appropriate university personnel for assistance,
2. Required to complete successfully an Alcohol or drug abuse treatment program as a condition of continued attendance,
3. Reported to authorities for criminal prosecution or other appropriate action,
4. Subject to disciplinary penalties under the Regulations Governing Student Conduct, and/or
5. Subject to any other appropriate action by the University.

Federal Contract or Grant Employees

In addition to the other requirements of this policy, Employees engaged in the performance of (1) a federal agency grant or (2) a federal agency contract for procurement of property or services valued at $25,000 or more must notify their supervisor or department head of a criminal drug statute conviction for a violation occurring in the Workplace no later than five calendar days after the conviction. The University will notify the federal contracting or granting agency within 10 calendar days after receiving notice of the conviction from the Employee or otherwise receiving actual notice of the conviction.

Grievances

Any Employee or Student with a complaint relating to the application of this policy may seek redress through applicable university grievance or dispute resolution policies and procedures.

Confidentiality

The University will take reasonable measures to ensure individual privacy under this policy including, but not limited to, keeping all Alcohol and drug test results confidential to the maximum extent possible.

REASON FOR THIS POLICY

This policy outlines the expectations for the university community regarding Alcohol and Controlled Substance use and informs Employees and Students of available assistance for substance dependency and/or abuse. The provisions of this policy are intended to comply with applicable local, state and federal law, including but not limited to, the United States Constitution, the Indiana Constitution, the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989, and the Americans with Disabilities Act of 1990.

INDIVIDUALS AND ENTITIES AFFECTED BY THIS POLICY

This policy applies to all Students, Employees, Contractors and Visitors, including those who, by virtue of engaging in authorized university-related activities involving Controlled Substances, are regulated under federal or state laws imposing enhanced or more specific requirements than those set forth in this policy.

EXCLUSIONS

There are no exclusions to this policy.

RESPONSIBILITIES

Employees, Students, Contractors and Visitors

• Adhere to the requirements of this policy.

Supervisors and Department Heads

• Consult with Human Resources regarding Workplace inspections and suspicion testing.
• Consult with Human Resources prior to inquiring about Employee prescription drug use.

Human Resources

• Refer Employees to available Alcohol and drug use resources upon request.
• Maintain procedures for Alcohol and drug testing related to Department of Transportation regulations, sponsored project contracts, and reasonable suspicion.
• Assist supervisors in determining appropriate application of this policy.
• Annually notify Employees of the University’s Alcohol- and drug-free policy.

Student Affairs

• Refer Students to available Alcohol and drug use resources upon request.
• Annually notify Students of the University’s Alcohol- and drug-free policy.

Athletics Departments

• Maintain procedures for Alcohol and drug testing of Student athletes in accordance with the National Collegiate Athletic Association.

Faculty and Staff

• Report concerns about a Student’s suspected misuse of Alcohol or use of Controlled Substances to the appropriate campus student affairs office.

DEFINITIONS

All defined terms are capitalized throughout the document. Refer to the central Policy Glossary for additional defined terms.

Alcohol
The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.

Contractor
Non-employees, including legal counsel, performing institutional services and functions. This includes, but is not limited to, independent contractors, consultants, individuals employed by outside employment agencies and individuals covered by the policy on Appointments for Personnel Not on Payroll (VI.B.3), as amended or superseded.

Controlled Substance
Any substance including, but not limited to, pills, tablets, capsules, powders, leaves and liquids, whose use is prohibited by law. Examples include, but are not limited to, marijuana (THC), cocaine, opiates (heroin), phencyclidine (PCP), amphetamines (including methamphetamines), ecstasy, and prescription medications without a valid prescription.

Employee
All faculty members, staff members, temporary staff and Student employees.

Student
Any person taking one or more classes for academic credit.

University Premises
Any building, structure, vehicle, improved land or unimproved land, in whole or part, that is owned, used or occupied by Purdue University.

Visitor
Any individual who is on University Premises or is participating in a university activity that is not an Employee, Contractor or Student. This includes, but is not limited to, sports spectators, audience members, volunteers, conference and event attendees, and individuals auditing educational programs.

Workplace
Any University Premises or other location where an Employee is engaged in university business.

RELATED DOCUMENTS, FORMS AND TOOLS

Violent Behavior (IV.A.3)

Regulations Governing Student Conduct on each campus:

• Fort Wayne
• Northwest
• West Lafayette

Related Laws and Regulations

• Drug-Free Workplace (41 USC Chapter 81)
• Americans with Disabilities Act
• Federal Acquisition Regulations System

WEBSITE ADDRESS FOR THIS POLICY

www.purdue.edu/policies/facilities-safety/iva9.html

HISTORY AND UPDATES

September 15, 2023: This policy supersedes Executive Memorandum No. C-44 (Alcohol- and Drug-Free Campus and Workplace Policy) dated June 12, 1998. Language updated throughout to reflect current terminology and titles. Included a list of permissible conduct and clarified prohibited conduct. Simplified section on workplace inspections. Definition of “Controlled Substance” clarified. Use of the term “Invitee” replaced with “Contractor” and “Visitor,” each defined separately.

APPENDIX

There are no appendices to this policy.