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.
David Pierpont Gardner
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.