Research Administration Office

University of California

Memo Operating Guidance

No. 89-8

Supplement 4

January 8, 1991

Subject: University of California Policy on Substance Abuse, Implementing Guidelines for the University of California Policy on Substance Abuse, and Certifications for the Drug-Free Workplace and the Drug Free Schools and Communities

This Supplement to Contract & Grant Memo 89-8 transmits the revised University of California Policy on Substance Abuse and Implementing Guidelines necessitated by passage of the Drug Free Schools & Communities Act of 1989 and the final regulations implementing the Drug-Free Workplace Act of 1988. This Supplement also provides guidance on submission of certifications required by these Acts.

The Drug-Free Schools and Communities Act of 1989 requires that, as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education must certify that it has adopted and implemented a drug prevention program. The drug prevention program must include the annual distribution to each employee and student of the following: standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any activities; a description of the applicable legal sanctions under local, State, or federal law for the unlawful possession or distribution of illicit drugs and alcohol; a description of the health risks associated with the use of illicit drugs and the abuse of alcohol; a description of any drug or alcohol programs that are available to employees or students; and a clear statement that disciplinary sanctions will be imposed on students and employees for violations of the standards of conduct. In addition, the drug prevention program must include a biennial review by the institution of its program to determine its effectiveness and to ensure that disciplinary sanctions are consistently enforced.

The University has revised its policy on substance abuse and the related implementing guidelines to conform with the Drug-Free Schools and Communities Act of 1989 and the final regulations of the Drug-Free Workplace Act of 1988. Enclosure 1 is a copy of the transmittal letter and recently issued University of California Policy on Substance Abuse which supersedes the previously issued University Policy on Substance Abuse in the Workplace transmitted March 23, 1989 in Contract and Grant Memo 89-8. Enclosure 2 is a copy of the Implementing Guidelines for the University of California Policy on Substance Abuse. These guidelines supersede the Implementing Guidelines for the University Policy on Substance Abuse in the Workplace transmitted by Contract and Grant Memo 89-8, Supplement 2.

Certification of compliance with the Drug-Free Schools and Communities Act of 1989 is required on a one-time only basis and has been submitted by each campus to the Department of Education. Enclosure 3 [not scanned] is a copy of the final regulations on Drug-Free Schools and Communities issued by the Department of Education to implement the Drug-Free Schools and Communities Act.

Certification of compliance with the Drug-Free Workplace Act of 1988 will continue to be required for each federal award on a transaction by transaction basis. A copy of the final regulations for the Drug-Free Workplace Act and the required certification for grants and solicitation provisions and clauses for contracts was issued by Contract and Grant Memo 89-8, Supplement 3.

The Implementing Guidelines for the University of California Policy on Substance Abuse require each campus and laboratory to develop and implement on-going substance abuse awareness programs for employees and students which includes annual distribution to employees and students of certain information required by both the Drug-Free Schools and Communities Act and the Drug-Free Workplace Act. Enclosure 4 is a model communication developed by the Office of the President which meets the requirements of both Acts.

Please file this Supplement 4 with Contract and Grant Memo 89-8, dated March 23, 1989.

Refer: Barbara Yoder

ATSS 8-582-2886

(415) 642-2886

Subject Index: 02, 12

Organization Index: U-115

David F. Mears

Director

Research Administration Office

Enclosures


ENCLOSURE 1

Office of Employee Relations

November 6, 1990

VICE CHANCELLORS--ADMINISTRATION ASSOCIATE LABORATORY DIRECTORS

University of California Policy on Substance Abuse

Enclosed is President Gardner's letter of November 1, 1990, approving revisions to the University Policy on Substance Abuse, effective immediately. This policy revision supersedes the policy issued March 18, 1989, and is necessitated by changes in final regulations for the Drug-Free Workplace Act of 1988, the issuance of Department of Education regulations related to the Drug-Free Schools and Communities Act, and issuance of the State Drug-Free Workplace Act of 1990.

Questions may be directed to Coordinator McConnell at (415) 987-0863.

Attachment

Lubbe Levin

Assistant Vice President--

Employee Relations

cc:

University Controller Pastrone

Associate Vice President Moore

Assistant Vice President Galligani

Assistant Vice President Stover

Assistant Vice President Swartz

University Auditor Tuffnell

University Counsel Canning

Director Phillips

Director Mears

Coordinator McConnell

Personnel Director Fiorito, Hastings College of the Law

Personnel Managers


November 1, 1990

CHANCELLORS

LABORATORY DIRECTORS

SENIOR VICE PRESIDENT--ADMINISTRATION

University of California Policy on Substance Abuse

The enclosed University of California Policy on Substance Abuse, which is a revision of the March 18, 1989 University .. Policy on Substance Abuse in the Workplace, is effective immediately. This Policy revision was necessitated by changes in the final regulations for the Drug-Free Workplace Act of 1988, the issuance of Department of Education regulations related to the Drug-Free Schools and Communities Act of 1989, and issuance of the State Drug-Free Workplace Act 1990. The revised Policy includes the addition of students, clarification of those employees who must report convictions of any criminal drug statute violation occurring in the workplace or while on University business, and the extension of special requirements to those engaged on State contracts and grants.

Please ensure appropriate notification of employees under your jurisdiction. Implementing Guidelines for the Policy will be issued soon by the Assistant Vice President--Employee Relations.

Enclosure

cc:

Members, President's Cabinet

Associate Vice President Moore

Assistant Vice President Galligani

Assistant Vice President Levin

Academic Council Chair Bovell

Staff Council Chair Drake

Director Rogin

Principal Officers of The Regents


University of California Office of the President

November 1, 1990

University of California Policy on Substance Abuse

The University of California recognizes dependency on alcohol and other drugs as a treatable condition and offers programs and services for University employees and students with substance dependency problems. Employees (including student employees) and students are encouraged to seek assistance, as appropriate, from Employee Support Programs, health centers, and counseling or psychological services available at University locations or through referral. Information obtained regarding an employee or. student during participation in such programs or services will be treated as confidential, in accordance with Federal and State laws.

The University strives to maintain campus communities and worksites free from the illegal use, possession, or distribution of alcohol or of controlled substances, as defined in schedules I through V of the Controlled Substances Act, 21 United States Code 812, and by regulation at 21 Code of Federal Regulations 1308. Unlawful manufacture, distribution, dispensing, possession, use, or sale of alcohol or of controlled substances by University employees and students in the workplace, on University premises, at official University functions, or on University business is prohibited. In addition, employees and students shall not use illegal substances or abuse legal substances in a manner that impairs work performance, scholarly activities, or student life.

Employees found to be in violation of this Policy, including student employees if the circumstances warrant, may be subject to corrective action, up to and including dismissal, under applicable University policies and labor contracts, or may "be required, at the discretion of the University, to participate satisfactorily in an Employee Support Program.

Students found to be in violation of this Policy may be subject to corrective action, up to and including dismissal, as set forth in the University of California Policies Applying to Campus Activities, Organizations, and Students (Part A) and in campus regulations, or may be required, at the discretion of the University, to participate satisfactorily in a treatment program.

Special requirements for employees engaged on Federal or State contracts and grants

The Federal Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D) and the State Drug-Free Workplace Act of 1990 require that University employees directly engaged in the performance of work on a Federal or State contract or grant shall abide by this Policy as a condition of employment.

Employees working on Federal contracts and grants shall notify the University within five calendar days if they are convicted of any criminal drug statute violation occurring in the workplace or while on University business. This requirement also applies to all indirect charge employees who perform support or overhead functions related to the Federal contract or grant- and for which the Federal government pays its share of expenses, unless the employee's impact or involvement Is Insignificant to the performance of the contract or grant. The University is required to notify the Federal contracting or granting agency within ten calendar days of receiving '. notice of such conviction and to take appropriate corrective action or to require the employee to participate satisfactorily in available counseling, treatment, and approved substance-abuse assistance or rehabilitation programs within thirty calendar days of having received notice of such conviction.


ENCLOSURE 2

December 10, 1990

VICE CHANCELLORS--ACADEMIC AFFAIRS

VICE CHANCELLORS-ADMINISTRATION

VICE CHANCELLORS--STUDENT AFFAIRS

ASSOCIATE LABORATORY DIRECTORS

Implementing Guidelines for the University of California Policy On Substance Abuse

In his November 1, 1990, letter to Chancellors, Laboratory Directors, and the Senior Vice President--Administration, President Gardner transmitted the University of California Policy on Substance Abuse and indicated that implementing guidelines would be issued by the Office of Employee Relations. Enclosed are the Implementing Guidelines for the University of California Policy on Substance Abuse, which have been revised to reflect changes necessitated by the final regulations for the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act of 1989, and the State Drug-Free Workplace Act of 1990.

We appreciate your comments during the review process, and attach for your information a memorandum identifying the significant changes that have been made in response to suggestions from the campuses, Laboratories, and other offices and individuals.

Calvin C. Moore

Associate Vice President--

Academic Affairs

Lubbe Levin

Assistant Vice President--

Employee Relations

Dennis Galligani Assistant Vice President--

Student Academic Services

Enclosures

cc:

Chancellors

Laboratory Directors

Members, President's Cabinet

Principal Officers of The Regents

Academic Council Chair Bovell

Staff Council Chair Drake

University Controller Pastrone

Associate Vice President West

Assistant Vice President Stover

Assistant Vice President Swartz

Director Phillips

Director Rogin

University Counsel Canning

Personnel Managers

bcc:

Director Kramp

Assistant Director Romero

Assistant Director Spitz

Contract and Grants Officer Yoder

Coordinator McConnell

Coordinator Okada

Principal Analyst Coolidge


UNIVERSITY OF CALIFORNIA Office of Employee Relations

December 4, 1990

IMPLEMENTING GUIDELINES FOR THE

UNIVERSITY OF CALIFORNIA POLICY ON SUBSTANCE ABUSE

A. AUTHORITY

Chancellors and Laboratory Directors are responsible for implementing the provisions of the University of California Policy on Substance Abuse, including provisions of the Drug-Free Schools and Communities Act (Public Law 101-226), and special requirements for employees engaged on Federal and State contracts and grants, as set forth in the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D) and the State of California Drug-Free Workplace Act of 1990. This Policy applies to all University of California employees and students.

DEFINITIONS

1. Confidential Information

Confidential information as used in this Policy is defined as medical and counseling/psychological records pertaining to the diagnosis or treatment of alcohol or drug abuse or records indicating referral to an alcohol or drug abuse program subject to protection under the Confidentiality of Alcohol and Drug Abuse Patient Records (42 C.F.R., pt. 2), the California Health and Safety Code section 11978, the Information Practices Act, and the University of California Policies Applying to the Disclosure of Information from Student Records, and may not be disclosed further without specific authorization by the employee or student, or where authorized or required pursuant to Federal or State laws and regulations.

For purposes of reporting convictions under the special requirements section, a conviction is 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 violations of any criminal drug statutes.

For purposes of the Policy, an employee is any person holding a University staff or academic appointment, or holding a position at a Department of Energy Laboratory. This includes work study students who are employed by the University. Students employed by outside agencies that have written agreements with the University that the agencies are the employers of the students rather than the University are not considered employees of the University.

Student

A student is:

one who is currently enrolled for academic credit at a campus of the University of California; or

one who, during the recess periods between academic terms, has completed the immediately preceding term and is eligible for reenrollment.

For purposes of this policy, this includes a student who is enrolled for academic credit during a summer session at the University and has been admitted to the University for the succeeding fall term. Individuals enrolled for continuing education units are not considered students.

Support Programs

a. Employee Support Programs

Employee Support Programs refer to University-sponsored Employee Assistance Programs (EAP) and Vocational Rehabilitation Programs (REHAB). EAPs are designed to assist supervisors and employees whose personal problems are affecting their performance at the work site as a result of substance abuse, chemical dependency, addiction, alcoholism, or other personal problems, EAPs provide confidential services in short-term counseling and intervention, assessment and referral, and supervisory consultation and training. Employees are encouraged to self-refer and seek this confidential assistance from the Employee Assistance Counselor for substance abuse problems. Vocational Rehabilitation Programs provide counseling and technical assistance when an employee becomes disabled because of substance abuse and the need for accommodation, rehabilitation, or medical separation arises. On some campus and Laboratory sites, EAP services and Vocational Rehabilitation services may be provided within a single department or under the department name of Employee Support Programs/Services. Student employees are eligible for participation in Employee Support Programs/Services.

b. Student Support Programs

Student Support Programs refer to campus and community education and assistance programs and referral services which are available to students. Campus education services and programs may include health education programs, residential life activities, and campus-wide drug and alcohol education programs that are designed to inform students and other members of the campus community of the problems associated with the illegal use of alcohol and other drugs. Campus student assistance programs include student health services, counseling and psychological services, and drug and alcohol education programs that provide counseling, referral, and treatment for abuse of alcohol and other drugs. Students are encouraged to self-refer and seek assistance for substance abuse problems.

Substance-abuse assistance or rehabilitation programs

Substance-abuse assistance or rehabilitation programs as referred to in the Policy are programs providing drug and/or alcohol counseling, family counseling, treatment, rehabilitation, and assistance in re-entry.

a. Controlled substances

Controlled substances are those substances defined in schedules I through V of the Controlled Substances Act, 21 U.S.C. 812, and by regulation at 21 C.F.R. 1308. For employees, a list of controlled substances is available from the Employee Support Programs/Services at each location. Students may obtain the list from a location as designated by each campus.

b. Illegal substances

Illegal substances are controlled substances listed in the Controlled Substance Act which are obtained illegally.

c. Legal substances

Legal substances are (1) controlled substances that are prescribed or administered by a licensed physician or health-care professional; (2) over-the-counter drugs; and (3)alcoholic beverages.

C. SUBSTANCE ABUSE AWARENESS PROGRAM

Chancellors and Laboratory Directors are responsible for developing and implementing on-going substance abuse awareness programs for employees, supervisors, and students. Those programs shall include annual, distribution of information regarding the following:

--the University of California Policy on Substance Abuse which prohibits the unlawful manufacture, distribution, dispensing, possession, use or sale of controlled substances or legal substances, and the abuse of legal substances in the workplace, on University premises, at official University functions, or on University business;

--the dangers of substance abuse in the workplace or as a part of student life or scholarly activities, and a description of the health risks associated with substance abuse;

--substance abuse counseling, rehabilitation, employee assistance programs, and psychological services for students which are available at each location or through referral;

--penalties and disciplinary sanctions that may be imposed upon employees and students for substance abuse violations occurring in the workplace, on University premises, at official University functions, or on University business; and

--a description of the legal sanctions under local, State, and Federal law for the unlawful possession or distribution of illicit drugs and alcohol.

Such programs should include: distribution and discussion of the University's Policy at new employee and student orientation sessions; identification and dissemination of information regarding Employee Assistance Programs; information regarding counseling and referral services for students; distribution of educational materials regarding the symptoms and problems of substance abuse; training programs for staff, faculty, and students conducted by experts in the field of substance abuse prevention; and inclusion of training programs and regular updates for new and current supervisors.

Note: Because of the applicability of the Drug-Free Schools and Communities Act to the campuses and not to the Department of Energy Laboratories, annual distribution of information is not specifically required by statute for the Laboratories.

CERTIFICATION REQUIREMENTS

Chancellors and Laboratory Directors are responsible for ensuring any certification as required by Federal and State law and for developing procedures to implement the University of California Policy on Substance Abuse and the aforementioned laws by:

providing information annually regarding the University of California Policy on Substance Abuse and the information identified in Section C (1-5) - Substance Abuse Awareness Program to each employee and student, which includes providing notice to each employee, including student employees, that as a condition of employment under Federal and State contracts or grants, the employee must abide by the terms of the University of California Policy on Substance Abuse, and that employees working on Federal contracts and grants shall notify the employer of any criminal drug statute conviction for a violation occurring in the workplace, while traveling or on other University business, no later than five calendar days after such conviction;

providing procedures by which an employee engaged on a Federal contract or grant can report convictions for drug violations in the workplace;

notifying each Federal agency funding the contract or grant of the position title and award number for each contract and grant on which the employee was working within 10 calendar days after notice from an employee of a conviction;

taking appropriate disciplinary action against an employee who has been convicted and/or requiring the employee to participate satisfactorily in a substance abuse or rehabilitation program; and

conducting a biennial review of the substance abuse program as provided for in the Drug-Free Schools and Communities Act.

Campuses and Laboratories should assure retention of documentation of the University's compliance with the requirements of the Federal Drug-Free Workplace Act of 1988, the State Drug-Free Workplace Act of 1990, the Drug-Free Schools and Communities Act of 1989, and other laws.

DISCIPLINARY ACTION

1. Employees

Employees found to be in violation of the University of California Policy on Substance Abuse may be subject to corrective action, up to and including dismissal, under the applicable personnel policies or collective bargaining agreements.

For a member of the faculty, disciplinary hearing proceedings shall be in accordance with procedures established by the Academic Senate. The administration of discipline shall be in accordance with procedures established by the University in consultation with the Academic Senate.

Student employees found to be in violation of the Policy as a result of actions taken during the course of their activities as employees may be subject to corrective action under applicable personnel policies or collective bargaining agreements. Existing University policy provides that the loss of University employment shall not be a form of corrective action for students, unless the conduct giving rise to the discipline is related to the employment.

In addition to, or in lieu of corrective action, employees may, as a condition of employment, be required to participate in a substance abuse assistance or rehabilitation program. If the employee continues to perform any job duties during the time of this participation, the employee will be expected to conform to the standards for satisfactory work performance.

Employees found to have engaged in other kinds of misconduct will be disciplined or discharged under the applicable personnel policies or collective bargaining agreements.

2. Students

Students found to be in violation of the University of California Policy on Substance Abuse may be disciplined as set forth in Section 52.130 of the University of California Policies Applying to Campus Activities, Organizations, and Students (Part A), and campus implementing regulations. Types of student disciplinary action include: warning, censure, loss of privileges and exclusion from activities,

restitution, suspension, and dismissal. Section 52.124

provides that the loss of University employment shall not be a form of corrective action for students, unless the conduct giving rise to the discipline is related to the employment.

In addition to, or in lieu of disciplinary action, students may, as a condition of continued enrollment, be required to participate in a substance abuse assistance or rehabilitation program.

PROGRAM REVIEW

Campuses and Laboratories shall be responsible for assessing compliance with the legal requirements as set forth in Federal and State laws.


Office of Employee Relations

December 3, 1990

ASSISTANT VICE PRESIDENT LEVIN

Campus and Laboratory Responses to Implementing Guidelines for the University of California Policy on Substance Abuse

Comments were received from each campus, the Academic Senate, the Council of University of California Staff Assemblies, and Lawrence Berkeley Laboratory. Substantive comments received related to the University of California Policy on Substance Abuse. For the most part, comments on the Implementing Guidelines were of an editorial nature.

In view of the comments, however, the following changes have been made:

The definition of "student" has been clarified so that students who are on campus but between semesters/quarters are covered. A student must be enrolled at a campus of the University, which excludes University Extension enrollees, unless they are concurrently enrolled at the campus.

Differences between student counseling services and employee support programs have been more clearly distinguished.

Disciplinary sanctions applicable to students who may also be employees have been clarified.

Language suggesting that substance abuse interferes with a student's academic progress and success has been added.

Language providing more flexibility to campuses in developing substance abuse programs has been included. University Counsel Canning's attached memorandum of November 20, 1990 regarding what constitutes an "on-going" substance abuse program will be helpful to the campuses this regard.

One location inquired about the University's responsibility for reporting convictions obtained in the course of a background investigation. University Counsel opines that once the University becomes aware that a workplace violation has occurred, the reporting responsibility commences.

Several locations suggested the paragraph concerning the discipline of employees for other kinds of misconduct should be removed. The Committee considered these comments and decided the paragraph should be retained. Insofar as the University of California Policy on Substance Abuse does not address off-work activities, it was determined appropriate to include language in the Guidelines which reiterated the concept of "serious misconduct" as found in policy and collective bargaining agreements to deal with employees who may engage in drug trafficking or other kinds of illegal drug-related activities which may not result in a workplace violation and may not impair their job performance.

The Academic Senate raised several issues relating to the definition of "conviction":

Can there can be a sentencing without a finding of guilt?

Comment

A sentencing would not occur unless a guilty verdict had been rendered.

There is no clarification of a situation under appeal.

Comment

The University would not postpone its reporting requirements because a case was being appealed. Should a guilty verdict be overturned, consideration would then be given to the appropriate course of action.

The Guidelines have been revised to include editorial suggestions, where appropriate.

Sincerely,

Judy McConnell

Coordinator

Employee Relations

cc: Director Kramp


November 20, 1990

ACTING MANAGER GREGORY KRAMP

Personnel Programs

Office of the President

Re: Compliance With Federal and State Statutes Regarding Substance: Abuse Drug Free Schools and Communities Act of 1989 (Pub.L. No. 101-226); the Omnibus Drug Free Workplace Act of 1988 (Pub. L. No. 100-690); and the Drug Free Workplace Act of 1990(California Government

Code, Division 1. Title 2, Section 8350, et seq.)

You have asked me to address the question of what constitutes an "ongoing" program under the above-noted federal and state laws pertaining to substance abuse.

These statutes require covered institutions to implement a substance abuse "program." These statutes provide some information regarding what the program must include to satisfy minimum compliance. In addition, the regulations of the Omnibus Drug Free Workplace Act of 1989 were specifically amended to provide that a program be "ongoing" so as to ensure that covered employees are aware of their continuing responsibilities.

Apart from the statutory and regulatory definitions of minimum program requirements which I will describe below in more detail, there is no legal definition of an "ongoing" program. In fact, apart from the minimum program requirements set forth in these statutes, the regulations and comments simply provide additional "suggested" but not required components of what could also be included in a substance abuse awareness program. Thus, in addition to the annual written distribution of the University's substance abuse policy and other information as required by the Drug Free Schools and Communities Act, I have advised that the University use its many preexisting programs and publications to satisfy the requirement that we are making a good faith effort to ensure that our program is ongoing. For example, the University has orientation programs for both students and employees and it has supervisory training programs. A component of each of these classes or programs should include information regarding the University's policy about substance abuse and other information and training as appropriate. Additionally, the University also has many publications which can be used to accomplish distribution of information on an ongoing basis, over and above the required annual distribution.

Implementation of the Drug Free Schools and Communities Act, requires that at a minimum the drug prevention "program" of the Institution of Higher Education (IHE) must include:

The annual distribution in writing to each employee, and to each student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student's program of study, of ---

Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities;

A description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol;

A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;

A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and

A clear statement that the IHE will impose disciplinary sanctions on students and employees (consistent with local, State, and Federal law) and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by paragraph (a)(1) of this section. For the purpose of this section, a disciplinary sanction may include the completion of an appropriate rehabilitation program.

It appears from a reading of this statute and implementing regulations that the minimum compliance with the statute could be accomplished with the annual written distribution of a document containing the required information. This statute does not require the establishment of any other program. However, the Omnibus Drug Free Workplace Act of 1989 and the California Drug Free Workplace Act of 1990 do contain such a requirement.

The federal Omnibus Drug Free Workplace Act of 1988 provide that compliance requires the University to:

Publish a statement of policy prohibiting the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace, and specifying the penalties attached to violations.

Establish programs on the dangers of workplace drug abuse and the availability of drug counseling, rehabilitation, and employee assistance programs.

Require all employees working under the contract to agree to abide by the policy and to notify the employer within five days if they are convicted of a drug offense occurring at the workplace.

Notify the contracting agency of an employee conviction within 10 days after learning of it.

Impose an appropriate sanction - up to and including termination - on the convicted employee or require the employee to satisfactorily complete a drug rehabilitation program.

Make a "good faith" effort to continue to maintain a drug-free workplace by meeting the requirements of the bill. 26 GERR 1383 (Oct. 3, 1988)

Section 8355 of the California Drug Free Workplace Act of 1990 requires that the University be responsible for:

Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of the prohibition.

Establishing a drug free awareness program to inform employees about all of the following:

The dangers of drug abuse in the workplace;

Person's or organization's policy of maintaining a drug free work place;

Any available drug counseling, rehabilitation, and employee assistance programs; and

The penalties that may be imposed upon employees for drug abuse violations.

c. Require that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision a and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

The scope of application of both the federal and state Drug Free Workplace Acts is much more limited than that of the Drug Free Schools and Communities Act in that they pertain only to limited categories of employees who work directly, or in some cases indirectly, on a federal or state funded contract or grant. The extent to which the University determines to make such programs available to all employees and students is a policy matter. However, it is clearly the intent of the Drug Free Schools and Communities Act to encourage such offerings on a broad basis. Again, I believe that we can use pre-existing publications and training or orientation programs already discussed herein to accomplish a large part of this goal.

In order to demonstrate compliance with the requirements of the Drug Free Schools and Communities Act, each campus should keep records of all the steps it takes on a local basis to comply with the statutory program requirements. This may include costs associated with the compliance, a record of the sanctions that have been taken, steps taken to develop policies, dates committees were formed and met, etc. All of this will be important to the conduct of our own biennial review or in the event that it may become necessary to demonstrate to the Department of Education what we have done.

If you have any further questions, please don't hesitate to call.

Marcia J. Canning

University Counsel

Note: While there is a good deal of overlap between the requirements of these statutes, they are not identical.

cc:

R. W. Brady

L. Levin

J. McConnell


ENCLOSURE 4

ATTACHMENT B

University of California

Office of the President

August 22, 1990

OFFICIAL NOTICE TO FACULTY, STAFF, AND STUDENTS REGARDING SUBSTANCE ABUSE IN

UNIVERSITY CAMPUS COMMUNITIES AND WORKSITES

This Official Notice is issued pursuant to the requirements of Subpart B, Section 86.100 of the federal Drug-Free Schools and Communities Act of 1989 and the Drug-Free Workplace Act of 1988.

UNIVERSITY POLICY ON SUBSTANCE ABUSE IN THE WORKPLACE

The University Policy on Substance Abuse in the Workplace, prescribes standards of conduct expected of faculty and staff to maintain drug-free campus communities and worksites, and contains provisions to ensure that the University is in compliance with both federal statutes (Attachment B-l). The Policy is currently being revised to consider inclusion of students.

In addition, an interim Student Conduct Policy was issued by the President on August 13, 1990, prohibiting the illegal use of drugs and alcohol by students (Attachment B-2).

LEGAL SANCTIONS

There are numerous federal, state, and local statutes and ordinances relating to the manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol. These statutes impose legal sanctions for both felony and misdemeanor convictions related to violations of applicable laws and ordinances. Detailed information regarding these statutes, which may change over time, is available from the [Campus/Laboratory] Police Department and [Other Departments and Offices]. Scheduled drugs considered to be controlled substances are listed in Schedules I through V of the Controlled Substances Act (29 U.S.C. 812), and are further defined by regulations 21 CFR 1308.11 through 1308.15. Copies of the Act and regulations are available for review from [Department or Office]. Whenever possible, campuses are encouraged to provide more detailed information as found in Attachment B-3.

Highlights from Federal and State Laws

The manufacture, sale, or distribution of all scheduled drugs is a felony, which could result in serving time in prison; simple possession of controlled substances can be punished by civil fines of up to $10,000 per violation and a jail sentence.

Health care providers are barred from receiving payment from federal insurance programs upon conviction of a criminal offense involving distribution or dispensation of a controlled substance.

Distribution or possession with the intent to distribute a

controlled substance on University property requires a sentence up to twice the prescribed sentence for the

original offense, and twice the prescribed parole time.

The cultivation, possession for sale, or sale of marijuana is a felony.

Possession of one ounce or more of marijuana for personal use is a misdemeanor, which could include payment of a fine or serving time in jail; possession of less than one ounce for personal use is a misdemeanor, which could include a fine up to $100.00.

It is a misdemeanor to sell, furnish, give, or cause to be sold, furnished or given away, any alcoholic beverage to a person under 21 or any obviously intoxicated person, and no one under 21 may purchase alcoholic beverages.

It is unlawful for any person under 21 to possess alcoholic beverages on any street or highway or in any place open to public view.

Substance abuse may result in a wide spectrum of extremely serious health and behavioral problems. Substance abuse results in both short- and long-term effects upon the body and mind. There are specific health risks related to alcohol and drug use, and there are general health risks related to impairment and addiction. Alcohol and drugs are toxic to the body's systems.

In addition to the problem of toxicity, contaminant poisonings often occur with illegal drug use. HIV infection associated with intravenous drug use is a prevalent hazard.

Acute health problems may include heart attack, stroke, and sudden death -- which, in the case of some drugs such as cocaine, can occur after first-time use. Long-lasting health effects of drugs and alcohol may include disruption of normal heart rhythm, high blood pressure, leaks of blood vessels in the brain, bleeding and destruction of brain cells and permanent memory loss, infertility, impotency, immune system impairment, kidney failure, cirrhosis of the liver, and pulmonary damage. Drug use during pregnancy may result in fatal damage and birth defects causing hyperactivity, neurological abnormalities, and developmental difficulties.

SAFETY AND PERFORMANCE

Employees and students with substance abuse and dependency problems create excessive safety risks for themselves, their colleagues, and others. A person who is mentally or physically impaired because of drug or alcohol use may behave in careless and unsafe ways. In addition, substance abuse may noticeably affect an employee's job performance, which may, over time, decline in quality. Such employees tend to have unusually high accident rates, and are usually absent or tardy more frequently than others.

Detailed information and literature about the health risks associated with substance abuse are available from [Offices or Departments].

A variety of student education programs and Employee Assistance Program services designed to help prevent substance abuse by University employees and students, as well as assistance and referral services for those who have substance abuse problems or concerns are available. Psychological services for students are available at each campus or through referral. Information disclosed by an employee or student who is participating in an Employee Assistance Program or psychological counseling service will be considered confidential, in accordance with federal and state laws and University policies.

Employee Assistance Program information, consultation, and referral services assist employees and students in dealing with a wide range of personal and medical problems that negatively affect their lives. Among these services are training and orientation for employees, supervisors, and students on substance abuse issues, individual case evaluation, initial counseling, assistance in developing individual treatment plans, referral to outside counseling and treatment providers, treatment follow-up, and assistance in dealing with health care providers.

Employees and students are encouraged to seek assistance for substance abuse and dependency problems voluntarily (self-referral). To find out what services are available to you, contact [Individual or Office].

DISCIPLINARY SANCTIONS

Academic and staff employees found to be in violation of the University Policy on Substance Abuse in the Workplace may be subject to corrective or disciplinary action, up to and including dismissal, as provided under applicable University policies and labor contracts covering exclusively represented personnel. Policies or contracts pertaining to individual employees are available from [Office or Department]. Students found to be in violation of University policies may be disciplined as set forth in the University of California policies applying to Campus Activities. Organizations, and Students (Part A), and in campus regulations.

In lieu of corrective or disciplinary sanctions, and at the discretion of the University, employees and students found to be in violation of University policies may be required to participate satisfactorily in an Employee Assistance or Support Program or other counseling program.

Attachment B-1

Office of the President-March 18, 1989

University Policy- on Substance Abuse in the Workplace

The University of California recognizes drug and alcohol dependency as treatable conditions and often Employee Support Programs for University employees with substance-dependency problems. Employees are encouraged to seek assistance for drug- and alcohol-related problems and may request leaves of absence for this purpose, in addition to using approved vacation or sick leave, or attending Employee Support. Programs outside regular working hours. Information obtained regarding an employee during participation in an Employee Support Program will be treated as confidential

The University strives to maintain a workplace free from the illegal use, possession, or distribution of controlled substances [as defined in schedules I through V of the Controlled Substances Act, 21 United States Code 812, as amended]. Unlawful manufacture, distribution, dispensation, possession, or use of controlled substances by University employees in the workplace or on University business is prohibited. In addition, employees shall not use illegal substances or abuse legal substances in a manner that impairs performance of assigned tasks.

Employees found to be in violation of this Policy may be subject. to corrective action, up to and including dismissal, under applicable .University policies and labor contracts, or may be required, at the discretion of the University, to participate satisfactorily in an Employee Support Program.

Special requirements for employees engaged on Federal contracts and grants:

The Drug-Free Workplace Act of 1988 [Public Law 100-690, Title V, Subtitle D) requires that University employees directly engaged in the performance of work on a Federal contract or grant shall abide by this Policy as a condition of employment and shall notify the University within five days if they are convicted of any criminal drug. statute violation occurring in the workplace or while on University business. The University is required to notify the Federal contracting or granting agency within ten days of receiving notice of such conviction and to take appropriate corrective action or to require the employee to participate satisfactorily in an approved drug-abuse assistance or rehabilitation program.