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 |
UNIVERSITY OF CALIFORNIA
Office of Employee Relations
December 4, 1990
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.
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.
A student is:
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.
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.
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 as referred to in the Policy are programs providing drug and/or alcohol counseling, family counseling, treatment, rehabilitation, and assistance in re-entry.
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.
Illegal substances are controlled substances listed in the Controlled Substance Act which are obtained illegally.
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.
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:
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.
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:
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.
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.
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, Organization, 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.
Campuses and Laboratories shall be responsible for assessing compliance with the legal requirements as set forth in Federal and State laws.
* 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.