Policy (Amended by the Drug-Free Schools and Communities Act of 1989)
It is the policy of Denison University that the unlawful manufacture, distribution, dispensation, possession or use of controlled substances by University employees (faculty, staff, and student employees) in the University workplace facilities is prohibited. Additionally, students and employees of Denison are prohibited from the unlawful possession, use, or distribution of drugs and alcohol while on Denison property or as any part of its activities.
This policy is designed to comply with the Drug-Free Workplace Act of 1988 (Pub. L. 100-600, 11-18-88) and to set forth the University's standards as an employer for a workplace that provides a safe, healthy working environment for all employees. Also incorporated is the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226) which extends the drug-free requirements beyond employees to the student body at large.
(1) It is a condition of University employment that each employee abides by the terms of the policy.
(2) Employees violating the policy will be subject to appropriate University disciplinary procedures and where appropriate, will be referred to local authorities.
(3) If an employee is directly engaged in the performance of work pursuant to the provisions of a Federal grant or contract, the Administrative Staff or Supportive Operating Staff employee must notify the Office of Human Resources or a faculty member must notify the Office of the Provost of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. The University will notify the appropriate granting or contracting agency within ten (10) days after receiving notice from the employee.
(4) Within 30 days of notification of a criminal drug statute conviction, the University will have the convicted employee undergo an assessment of drug use and/or addiction. Subsequently, the University will take appropriate personnel action on behalf of the employee, at a minimum requiring drug abuse education, additional assistance, or rehabilitation and (if the severity and/or repetition of convictions warrants it) actions consistent with existing policies, up to and including termination.
Drug-Free Awareness Program
(1) Each new University employee and all students will be provided information on the Drug-Free Workplace and Schools Policy upon joining the University as an employee and/or student.
(2) Every employee engaged in the performance of federal grants and contracts shall be given a copy of this policy and related information.
(3) Information is provided to the campus community in pamphlet form on health risks associated with the use of illicit drugs and the abuse of alcohol.
(4) A drug-free awareness program has been established by Denison. Participating offices in administering the program are the Office of Human Resources and the Counseling Center. The program provides appropriate information, education, consultation, and referral through the University Faculty and Staff Assistance Program. Addressing the dangers of drug abuse in the workplace is an integral part of the program. This program is also available to students. Information on this program is also available in a pamphlet distributed to the campus community.
(5) A description of applicable legal sanctions under local, State, and Federal law for unlawful possession, use, or distribution of illicit drugs and alcohol are available in the Reserve Section of the Denison University Libraries.
(1) The term "drug-free workplace" refers to a site for the performance of work completed in connection with the employee's assigned duties and responsibilities. The term "drug-free schools" refers to unlawful activity on the institution's property and/or in the institution's activities on the part of its campus members.
(2) The term "controlled substance" refers to controlled substances as defined in Section I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). Controlled substances include:
Narcotics- opium, heroin, morphine, and synthetic substitutes.
Depressants-chloral hydrate, barbiturates and methanqualones.
Stimulants-cocaine (and derivatives such as crack) and amphetamines.
Hallucinogens-LSD, mescaline, PCOP, peyote, psilocybin, and MDMA.
Cannabis-marijuana and hashish.
(3) The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violation of the federal or state criminal drug statutes.
(4) The term "criminal drug statute" means a criminal statute involving the manufacture, distribution, dispensation, use or possession of any controlled substance.
Disciplinary Action Procedures
Disciplinary action procedures for faculty, Administrative Staff and Supportive Operating Staff are described in detail in the references indicated below. Teaching Faculty- Faculty Handbook. Administrative Staff- Faculty Handbook,Supportive Operative Staff- Supportive Operating Handbook. In the event that a member of the Administrative Staff is convicted through a criminal process of a violation covered by the Drug-Free Workplace Act of 1988 (P.L. 100-690), and/or the Drug- Free Schools and Communities Act Amendments of 1989 (P.L. 101- 226), that Administrative Staff person will be subject to disciplinary action up to and including termination. The authority for imposing disciplinary action under the provisions of the above referenced Acts rests with the appropriate division head reporting directly to the President (i.e., Vice President for Finance and Management, Provost, Vice President for University Resources and Public Affairs, and Director of Admissions).
If the Administrative Staff person wishes to appeal a decision of termination, a three-person special review panel will be established by the President or the Provost. This special review panel will consist of one teaching or general faculty member chosen by the person appealing, a second person from the teaching or general faculty chosen by the appointing authority, and a third member from the teaching or general faculty selected by the other two appointees. This special review panel will consider the appeal and will submit its report and recommendation in writing to the President and to the appellant. The President of the University will make the final decision on termination.