Drug and Alcohol Policy
Procedure No.: 41.133
Page No.: 1,2,3,4,5 of 5
Date Issued: 11/01/96
Issued By: Gary North
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- The Ohio University Alcohol and Other Drugs Policy and program is
designed to prevent drug and alcohol problems within the university
setting. The policy and programs are designed to identify problems at the
earliest possible stage, motivate the affected individual(s) to seek help,
and to direct the individual toward the best assistance available.
- The university recognizes that the use and abuse of alcohol and other
drugs can seriously impair an employee's performance and is therefore a
university-wide concern. Due to the university's concern, this Alcohol and
Other Drugs Policy is instituted. This policy will permit the university to
abide by alcohol and other drugs- related legislation initiated by federal,
state, and local governments. Current legislation includes the Drug-free
Workplace (41 USC701) and the Drug-free Schools and Communities Act
Because faculty, administrators and other supervisors are not trained to
diagnose whether any faculty or staff member suffers from alcohol or
drug-related problems, referral for diagnosis and treatment will be based
on the observed and documented decline of job performance standards.
Records pertaining to the diagnosis or treatment of alcohol or drug
related offenses or addiction will not be made part of the faculty or staff
member's personnel file and will be regarded as strictly confidential in
all cases. An appeal or grievance of a personnel action such as suspension
or dismissal, will require the presentation of data, including test results
from the drug testing program, as part of such appeal or grievance
procedure. This action creates a public record of such data.
Alcohol and Other Drugs Awareness Program
Ohio University hereby establishes an alcohol and other drugs awareness
program. Under this program, the university will regularly and
periodically publish literature warning about the dangers of the abuse of
alcohol and other drugs in the workplace or in any environment. The
program will specifically cover the following major topics:
- Health and safety concerns associated with drug abuse;
- University policy regarding illegal drug or alcohol use;
- Availability of counseling and assistance for employees;
- Penalties that may be imposed for drug or alcohol abuse violations;
- Continuing Education programs including:
- professional development workshops and seminars,
- literature and video tapes, and
- knowledge and skills training for supervisors.
Employee Compliance with University Substance Abuse
- All Ohio University employees are expected to abide by the terms of
this policy. An employee found to be illegally possessing or using alcohol,
or other drugs or being under the influence of such, shall be subject to
appropriate sanctions. A disciplinary sanction may include the completion
of an appropriate rehabilitation program. Such sanctions may include
referral for prosecution and/or termination of employment. Employees
are guaranteed due process.
All university employees shall, as a condition of employment, abide by the
- Comply with the terms of the university's Alcohol and Other Drugs
- Notify their administrative supervisor of any criminal alcohol or drug
statute conviction for a violation occurring in the workplace no later that
five (5) working days after such conviction.
As required by legislation and upon receipt of notice under the preceding
paragraph, the university shall notify the federal agency sponsoring grants
or contracts with the employee's department. This notification shall take
place within ten (10) working days after receiving such conviction notice.
- Any employee who is chemically dependent will not be disciplined for
disclosing this dependency. An employee who does not disclose such
information will not be disciplined unless the dependency hinders the
ability of the employee to perform on the job. If the dependency adversely
affects the employees's job performance or poses a direct threat to the
property or safety of the university or fellow employees, such employee
shall be subject to sanctions, up to and including termination, consistent
with due process. All disciplinary measures involving Alcohol and Other
Drugs Policy violations shall be reviewed with University Human
Resources prior to issuance. This is to assure consistency and fairness in
Upon receipt of a notice of an employee's work-related conviction for the
violation of any criminal drug statute, the university shall within thirty
(30) working days of receiving such notice:
- Take appropriate personnel action against such an employee
subject to established disciplinary procedures, up to and including
termination, in accordance with requirements of due process; and/or
- Require such employee to participate satisfactorily in an alcohol or
other drugs abuse assistance or rehabilitation program approved for such
purposes by a federal, state, or local health, law enforcement, or other
appropriate agency. If the employee is required to participate in such a
program and refuses to do so, the employee will be subject to disciplinary
action up to and including termination. The employee who does not
satisfactorily complete the assistance/rehabilitation program is also
subject to disciplinary action up to and including termination.
If any disciplinary action under this policy is taken against an employee
who is not part of a collective bargaining unit, such employee may
formally appeal the action as defined in the University Policies and
Procedures Manual. Disciplinary measures against faculty may be
appealed to the Faculty Senate as described in Faculty Handbook Section II
If disciplinary action under this policy is taken against an employee
covered by a collective bargaining agreement, the action will be subject
to the grievance procedure set forth in the bargaining agreement.
The principal investigator of any grant, project, or contract from a federal
agency is required to ensure that each employee engaged in the
performance of the grant be given a copy of and acknowledge receipt of
Employee Assistance Program (refer to Policy #41.130)
The university shall operate an Employee Assistance Program (EAP) that
shall be monitored through University Human Resources. For details to the
EAP, refer to Policy #41.130 (this manual.)
SUGGESTED GUIDELINES FOR SUPERVISORS OF EMPLOYEES
MANIFESTING BEHAVIOR UNDER THE INFLUENCE OF ALCOHOL OR OTHER
DRUGS AT WORK.
Checklist for Action:
If an employee at work appears to be intoxicated or under the influence of
- Assess the situation and call for assistance if necessary. If
assistance is needed, notify Campus Safety if on campus, the Athens
Police Department if within the city of Athens, or the Sheriff's
Department if outside the city limits (see Resources for phone numbers at
the end of checklist.)
- Do not touch the employee.
- Document observations and other relevant information fully.
- Prohibit the individual from continuing to work and from driving.
- Do not leave the impaired employee alone.
- Handle information confidentially.
- Consult with University Human Resources staff.
A. An Incident of Intoxication or Impairment
If an employee appears to be intoxicated or otherwise drug-impaired, a
supervisor should not touch the employee, unless contact is necessary to
protect him or herself. If a physical problem occurs, the supervisor
should contact the appropriate safety agency for assistance. Under no
circumstances should the employee be left alone. Do not allow the
employee to continue working or to drive him or herself home. Offer to
drive the employee or to obtain transportation for the employee. If the
employee refuses such assistance, the supervisor should call the police or
sheriff and advise them that the employee, who is believed to be impaired,
is leaving the workplace.
In proving that an employee was under the influence, the supervisor's
observations, not a test, are the key elements in the university's case.
The supervisor must be able to testify, in detail, what he/she saw that
indicated that the employee was under the influence. A supervisor that
testifies that the employee "seemed drunk" merely states a conclusion
which is unsupported by any factual evidence. The supervisor must be able
to testify in concrete terms, such as "the employee was staggering and
had slurred speech or had a strong odor of alcohol on his/her breath."
When feasible, it may be helpful to have another supervisor observe the
Documentation of the incident in which the employee exhibited drunken or
drugged behavior is critical to protecting the credibility of the supervisor.
If the employee challenges any disciplinary action taken, the supervisor
may be called upon to testify months after the incident occurred. The
supervisor can avoid having to recall the incident from memory if he/she
writes down an account of the incident immediately after it occurs.
Those notes should be copied. One copy should be given to upper
management and the other copy should be retained by the reporting
Supervisors should treat an employee's drug or alcohol problem
confidentially. Only those management personnel who have a need to know
about the incident should be informed. If only a few people know of an
employee's alleged substance abuse, the employer is better able to defend
against allegations that the information was handled indiscreetly and will
avoid embarrassing the employee.
E. After the Incident
After the immediate "crisis" has been handled, consultation with
University Human Resources should occur. The purpose is to discuss the
need for further action, including the consideration of having the employee
participate in the Employee Assistance Program (EAP).
University Human Resources: 593-1636
University Employee Assistance Program: 593-1888
|Dir of Student Srvs|
| ||Maint. Dept.|
| ||Physical Plant
||(740) 593-6606||(740) 773-1191|
|(740) 695-0123||(740) 687-6680
773-1185||(740) 695-2121||(740) 653
5223||(740) 532-3525||(740) 452-3637|
|Highway Patrol||(740) 593
6611||(740) 775-7770||(740) 695-0915||(740)
654-1523||(740) 377-4311||(740) 453-0541|
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Dick Piccard revised this file (https://www.ohio.edu/policy/41-133.html) on March 23, 2016.
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