CLEMSON UNIVERSITY
PERSONNEL POLICIES AND PROCEDURES MANUAL
SECTION: Employee Relations & Assistance Programs |
Section: |
VII |
SUBSECTION: Drug and Alcohol |
Subject: |
G |
SUBJECT: Policy Only |
Last Update |
10/8/98; 2002 |
Effective: |
10/7/90 |
|
Revised: |
01/31/06 |
|
Reviewed: |
12/30/05 |
THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.
EMPLOYEE DRUG AND ALCOHOL POLICY
Clemson University recognizes that the illegal and/or abusive use of alcohol or drugs by members of the university community jeopardizes the safety of the individual and is not conducive to the academic learning process. Clemson University is committed to having a campus that is free of the illegal or abusive use of drugs and alcohol. This policy is implemented in compliance with the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989 and the South Carolina Drug-Free Workplace Act of 1990.
I. Standards of Conduct
The illicit or unauthorized manufacture, use, possession, distribution or dispensation of alcohol or illegal drugs by employees on University property or as part of any unauthorized University activity is prohibited. Reporting to work under the influence of alcohol or illegal drugs is also prohibited. In addition, all faculty, staff and students employed on a federal grant/contract or a state grant/contract are required to abide by this policy as a condition of employment of the grant or contract. This policy applies to all full-time and part-time permanent and temporary faculty, staff and student employees.
II. Disciplinary Sanctions
The University will impose disciplinary sanctions on employees who violate the above standards of conduct. The severity of the imposed sanctions will be appropriate to the violation. Among the disciplinary sanctions which may be imposed are the following: oral reprimand, written reprimand, suspension, termination and/or referral for prosecution. The University may require completion of an appropriate rehabilitation program as part of a disciplinary sanction.
III. Procedures to Follow
Since almost every case of alcohol or drug abuse has different circumstances, supervisors should contact the Director of Employee Relations and Assistance Programs for direction in their efforts to assist faculty and/or staff employees locate appropriate counseling for alcohol or drug related problems. If a violation occurs that might lead to disciplinary action of a faculty member, the supervisor should contact the Provost’s Office. If a violation occurs that might lead to disciplinary action of a classified employee, the supervisor should contact the Director of Employee Relations and Assistance Programs for advice in developing a recommendation for approval by the appropriate administrative officials. It should be noted that South Carolina law (S.C. Code Sec. 8-11-110) treats alcoholism as an illness and requires state agencies to grant employees sick leave for the purpose of participating in public and private treatment and rehabilitation programs which have been approved by the South Carolina Department of Mental Health.
Please be aware that this policy does not negate the Alcohol and Controlled Substances Testing Policy implemented in accordance with the Omnibus Transportation Employee Testing Act for employees with CDL license or in safety sensitive positions as defined by the Act.
IV. Drug-Free Awareness Program
Clemson University recognizes drug dependency as a major health problem. Clemson University also recognizes drug and alcohol abuse as potential health, safety and security problems. A drug-free awareness employee training program will be provided annually to inform employees about the dangers of alcohol and/or drug abuse in the workplace, the available drug counseling, rehabilitation and employee assistance information and the penalties that may be imposed for alcohol and/or drug abuse violations. All employees should attend one of these Drug-Free Awareness workshops offered annually by Employee Relations and Assistance Programs.
V. Counseling and Treatment for Alcohol and Drug Abuse
The following is a brief summary of various on and off campus opportunities for counseling and treatment for alcohol and drug abuse available to employees.
A) On-Campus Opportunities
Employees in need of treatment or counseling are encouraged to utilize the University's Employee Assistance Program. The goal of this program is to provide confidential assistance resources for individual employees and to enable employees to maintain or enhance productivity despite problems that may arise. More information about this program can be obtained by contacting the Director of Employee Relations and Assistance Programs (656-2726).
B) Off-Campus Opportunities
Employees in need of counseling or treatment are encouraged to use state services provided by the Department of Alcohol and Other Drug Abuse Services, the Department of Vocational Rehabilitation, and the State Group Health Insurance plans, as appropriate. Information on any of these programs is available through the Director of Employee Relations and Assistance Programs (656-2726).
Also, included among the national hotline services available to employees and students are the following: Cocaine Help Line (1-800-COCAINE), The National Council of Alcoholism Information Line (1-800-NCA-CALL), The National Institute on Drug Abuse Hotline (1-800-662-HELP), and The Parents Resource Institute for Drug Education Information Hotline (1-800-241-7946).
VI. Drug Conviction Reporting Requirement
All University employees (including student employees) are required to report any conviction under a criminal drug statute for any violation occurring in the workplace or as part of any University activity. A conviction means a finding of guilt (including a plea of nolo contendere) or imposition of a sentence, or both, by any federal or state judicial body charged with such responsibility. This report must be made within five (5) days of the conviction to the employee's supervisor and to the Director of Employee Relations and Assistance Programs. In the event that the convicted employee was employed in the performance of a federal contract or grant or a state contract or grant, the Chief Human Resources Officer or designee, shall immediately notify the Vice President of Research so that the sponsoring federal or state agency can be notified within ten (10) days of the date the University received notification as required by federal and state law. Within thirty (30) days after the University's receipt of a drug conviction report the appropriate supervisory authority will either take appropriate personnel action against the employee, consistent with federal and state law and regulations and the Rehabilitation Act of 1973, as amended, or require the employee to participate successfully in a drug abuse assistance or rehabilitation program approved for such purposes
VII. Health Risks
Using illicit drugs or alcohol abuse can be toxic to the human body and can have catastrophic health consequences. Some drugs, such as crack, are so toxic that even one experimental use can be fatal. Approximately 30 percent of all admissions to general hospitals and 50 percent to psychiatric hospitals have detectable substance abuse. Substance abuse accounts for approximately 150,000 deaths annually. This includes deaths from stroke, diseases of the heart and liver, and all alcohol and drug related suicides, homicides, and accidents. Early detection can minimize or prevent the devastating consequences of substance abuse.
Alcohol: Effects
Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
VIII. Distribution and Review of Policy
A copy of the Employee Drug and Alcohol Policy is available via the Office of Human Resources website. The Chief Business Officer or his designee shall be responsible for overseeing all actions and programs relating to this policy. The Chief Business Officer or his designee, along with Clemson University’s Office of General Counsel, shall conduct an annual review of this policy and its implementation to determine its effectiveness, make necessary changes, and ensure that disciplinary sanctions are consistently enforced.
IX. University Policy on Alcohol; i.e., Liquor, Beer and Wine
The following is a statement of University policy on alcoholic liquor, beer and wine at University sponsored events and consumption of alcoholic liquor, beer and wine during normal working hours. Any alcoholic liquor, beer or wine at University sponsored events or the consumption of alcoholic liquor, beer or wine during normal working hours other than as provided below is unauthorized. This policy does not apply to any activity sponsored by Clemson University students. The policy for those activities is stated in the Student Handbook. Those having questions concerning rules or guidelines as stated in the Student Handbook should contact the Office of Student Development.
ADMINISTRATIVE POLICY ON ALCOHOLIC LIQUOR, BEER AND WINE AT UNIVERSITY SPONSORED EVENTS
Whereas, State law permits the possession and consumption of alcoholic liquor by individuals of legal age at private events of a single and isolated nature (non-repetitive) on property that is not engaged in a business or commercial activity with the permission of the property owner,
Whereas, State law permits the possession and consumption of beer and wine by individuals of legal age at private and public events, and
Whereas, State law permits the giving of alcoholic liquor, beer or wine only to individuals of legal age, and
Whereas, the minimum legal age for the possession and consumption of alcoholic liquor, beer and wine is now 21, and
Whereas, it is in the best interest of Clemson University and its employees to establish a policy for alcoholic liquor, beer and wine at University sponsored events,
Now, therefore, the following policy shall apply to all alcoholic liquor, beer and wine at University sponsored events:
A) Alcoholic liquor, beer and wine may be served or available for consumption at University sponsored events in the following designated areas subject to State laws and existing guidelines for use of those areas:
1) Clemson House
2) Alumni Center
3) Edgar’s
4) Private areas of Memorial Stadium
5) Palmetto Room
6) Outdoor Laboratory, Kresge Hall
7) Madren Conference Center and Martin Inn Complex
8) Chili’s Two
9) T. Ed Garrison Arena
B) Alcoholic liquor, beer and wine may be served or available for consumption at University-sponsored events in other University buildings or on other University property only with the prior approval of both the vice president responsible for the event (or his/her designee) and the vice president responsible for the area in which the event is held (or his/her designee).
C) Notwithstanding the above, alcoholic liquor, beer and wine may not be served, consumed or available for consumption during normal University working hours* at any location on University property. Exceptions may be granted only with the prior approval of both the vice president responsible for the event and the vice president responsible for the area in which the event is held. Any violation of this policy may result in disciplinary action being taken against those employees responsible for the violation.
* Normal working hours for each employee as assigned by the University.
X. Federal and State Penalties and Sanctions
Federal and State penalties and sanctions are located in Clemson University’s Personnel Policies and Procedures Manual, Drug and Alcohol Policy. The Website address is http://www.clemson.edu/humanres/PandP/D/drug_alcohol.htm. Included in the website is a brief overview of federal and state laws governing the possession, use and distribution of alcohol and illegal drugs. Departments employing personnel without direct access to the University website are responsible for posting sanctions associated with the Clemson University Drug and Alcohol Policy in a central location. Similarly, it is the responsibility of the department to provide a written copy of the previously mentioned sanctions to departmental personnel upon request.