Policies

Policies

Drug-Free School and Communities Act

Effective Date Jan 3, 2017

Applicable Employee Classes:

All Florida Tech Employees and Students

Revised Date:

January 2017

Approved by:

Dr. T. Dwayne McCay, President

5.7 Drug-Free School and Communities Act

Policy

Florida Institute of Technology is committed to protecting the safety, health and wellbeing of all students and employees. Therefore, the university prohibits the unlawful manufacture, distribution, dispensation, sale, possession or use of any illicit drug by its faculty, staff and student employees in its workplace. Each university employee will, as a condition of employment, abide by this policy.

In accordance with the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, all employees and students of Florida Institute of Technology must be advised of their required compliance as a condition for them to be engaged in employment or in the performance of any contract or grant or pursuit of a degree. The Drug-Free Workplace Act of 1988 requires recipients of federal grants and certain federal contracts to certify that they will provide a drug-free workplace and establish an ongoing drug-free awareness program.

The Drug-Free Schools and Communities Act Amendments of 1989 requires employers receiving federal financial assistance to adopt and implement a program to prevent the use of illicit drugs and the abuse of alcohol for students and employees. Students and employees must receive information annually regarding standards of conduct, a description of applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol, a description of health risks associated with the use of illicit drugs and the abuse of alcohol, a description of available drug or alcohol counseling or treatment programs that are available, and a statement of the disciplinary sanctions that the university will impose for a violations of the standards set forth of conduct.

It shall be the responsibility of the Principal Investigator (PI) to ensure that all employees engaged in the performance of a respective contract or grant are provided with a copy of this policy. The Office of Human Resources will ensure notification of this policy to all employees on an annual basis. The Dean of Students will ensure notification to all students.

Drug-Free Workplace Program

Florida Institute of Technology has established a drug-free awareness program to inform faculty, staff, and students about:

  1. The dangers of drug abuse in the workplace, communicated through the provision of educational literature and materials;
  2. The university’s policy of maintaining a drug-free workplace, communicated through distribution of this policy and other related statements to all employees;
  3. The availability of drug counseling and rehabilitation programs, provided through confidential counseling within the university’s Employee Assistance Program (EAP) for staff/faculty or the university's Counseling and Psychological Services (CAPS) for students,
  4. The university’s intention that employment penalties may be imposed upon employees for violations of the prohibitions concerning involvement with unlawful drugs.

Each university employee will be given annually an electronic copy of the university's Drug-Free School and Communities Act policy. The policy will also be clearly displayed on the website of the Office of Human Resources.

Each employee, as a condition of employment, will abide by the policy. In addition, any employee engaged in the performance of a federal grant or contract will, as a condition of employment, notify his or her supervisor no later than five (5) days after any conviction under a criminal drug statute for a violation that occurred in the workplace. When a supervisor is notified by an employee of such a conviction, he or she shall immediately notify the Associate Vice President of Human Resources and the Vice President of the Office of Research and Sponsored Programs. The Office of Research and Sponsored Programs will notify the appropriate federal agency within ten (10) days of receiving notice of such conviction.

Any university employee who violates the university’s policy or who is convicted under a criminal drug statute whether for a violation occurring in the workplace or for a violation occurring outside the workplace will be subject to the university’s disciplinary procedures up to and including dismissal and/or referral for prosecution and/or may be required to participate satisfactorily in a drug abuse assistance or rehabilitation program.

The university will make a good faith effort to continue to maintain a drug-free workplace through implementation of this program.

Procedure

An employee or student may be required to submit to an alcohol/drug test if reasonable suspicion exists to believe that they are under the influence of alcohol or illegal drugs. An employee will be immediately dismissed should they be directed to submit to such a test and refuse or fail to report to the testing facility within the required time allowed. Employees and students who test positive for alcohol or illegal drugs may be referred to Counseling and Psychological Services (CAPS) for professional assistance. Employees that refuse such assistance or who fail to follow the treatment outlined for their recovery are subject to dismissal. Students who are directed to submit to such test and refuse or fail to do so when asked are subject to suspension from the university.

Employees who are required to drive university vehicles as an essential job function must notify the Associate Vice President of Human Resources no later than five business days after any conviction for a criminal alcohol driving offense.

Employees should notify their supervisor when they are under medically prescribed treatment with a controlled substance that may limit their ability to perform their job. Verification of required medication may be requested by the Office of Human Resources. Failure to provide requested verification may subject the employee to dismissal. Students should notify the office of the Dean of Students. If the use of a medication could compromise the safety of the employee, co-workers, or the public, it is the employee’s responsibility to use appropriate personnel procedures (call in sick, use leave, request change of duty, notify supervisor, notify the Office of Human Resources) to avoid unsafe workplace practices.

Assistance:

The university recognizes that alcohol and drug abuse and addiction are treatable and that early intervention and support improve the success of rehabilitation. To support employees, the university:

1. Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem.

2. Encourages employees to utilize the services of qualified professionals in the community to access and identify appropriate sources of help.

3. Offers employees (benefit eligible staff and faculty) and their family members assistance with alcohol and drug problems through the university’s Employee Assistance Program (EAP).  Additional information is available in the Office of Human Resources.

All applicants for employment and applicants for admission to the university may be tested, at the university’s discretion, for the presence of alcohol and/or illegal drugs. An applicant who refuses or fails to take the required test, or who tests positive for the presence of alcohol and or/ illegal drugs, will be disqualified from further consideration.

Sanctions:

Pursuant to State, Federal, and Local Law, it is unlawful for any person to sell, purchase, manufacture, deliver, or possess with intent to sell, purchase, manufacture, deliver, or use a controlled substance. Any University employee who violates the prohibitions under this policy or who is convicted under a criminal drug statute for a violation whether occurring in the workplace or outside the workplace will be subject to the university’s disciplinary procedures up to and including dismissal and/or referral for prosecution. If the employee is not discharged under this policy, he/she may be required as a condition of continuing employment to participate to the university’s satisfaction in a drug abuse assistance or rehabilitation program approved by the University.

Drug-Free Workplace Act of 1988 and Drug-Free Schools and Communities Act Amendments of 1989