Drug Free Campus Procedures

Purpose

1.1

The University of Nebraska Medical Center (UNMC) is committed to providing a Drug Free Campus

Scope

2.1

This policy is applicable to all UNMC students, and employees to include Office/Service, Managerial/Professional, Faculty, and Other Academic positions.  It also may apply to campus visitors like applicants for educational programs, applicants for employment, volunteers, and vendors.

Basis of the Policy

3.1

The University of Nebraska desires to provide an alcohol and drug-free, healthy, safe, and secure work environment and has established a code of conduct for all campuses of the University of Nebraska system.  UNMC will comply with all federal and state laws, regulations and orders, including the policies of the Board of Regents which pertain to providing a drug free campus.

Authorities and Administration

4.1

The UNMC Human Resources' Division Director of Employee Relations is responsible for the administration, implementation, and maintenance of the Drug Free Campus Policy at the campus level in consultation with the Assistant Vice Chancellor for Business and Finance Executive Director of Human Resources and the Vice Chancellor for Business and Finance.

Procedures

5.1

Drug Free Workplace, including Chemical Dependency

5.1.1

Expectations:

Individuals employed at UNMC are expected to be aware of the physical, psychosocial, and legal consequences of substance abuse and chemical dependency.  Substance abuse and chemical dependency impair both personal and professional functioning, as well as an individual's health and well-being. 

Substance abuse and chemical dependency may also endanger co-workers, family members, and patients in the health care setting.  Information about substance abuse and chemical dependency may be obtained from the Faculty/Employee Assistance Program.

The unlawful use of the following drugs of abuse: depressants (for example, alcohol, barbiturates, opioids, and other controlled drugs with sedative or hypnotic activity), cannabis, stimulants, and hallucinogens on the UNMC campus by employees is strictly prohibited.

UNMC employees must notify their department heads of any criminal drug statute convictions for violations occurring in the workplace no later than five (5) days after such conviction.

5.1.2

Basic Procedures: 

UNMC employees who violate drug laws and/or unlawfully use controlled substances prior to or during UNMC work hours and/or activities or who have the smell of alcohol or unlawful controlled substances on their breath or clothing or are impaired by such substances during UNMC work hours will be subject to a Corrective and Disciplinary Action - Written Notice as outlined in the Corrective and Disciplinary Policy. 

When a supervisor/manager has a reasonable suspicion that an employee is under the influence of alcohol and/or unlawful controlled substances the supervisors/manager may request the employee to submit to a substance test (blood test and/or urine test) at any of the designated UNMC Health Facilities.  The supervisor/manager will consult with Human Resources/Employee Relations before requesting employee to submit to a substance test (blood or urine test).

When supervisors/managers have knowledge or evidence of substance abuse or dependency, they may require the identified employee to follow recommendations made by the Faculty/Employee Assistance Program (F/EAP) staff.  Recommendations may include completion of chemical dependency and/or psychological evaluations with compliance with recommendations required, completion of an inpatient or outpatient chemical dependency treatment program, involvement in support groups such as Alcoholics Anonymous, Narcotics Anonymous etc., follow up in the F/EAP, and random blood and/or urine drug screens.  Disciplinary action, up to and including termination will result if the problem is not effectively resolved.

5.1.3

Corrective and Disciplinary Actions:

Violation of the Drug Free Campus Policy by either faculty or staff may result in corrective and disciplinary action up to and including termination of the individual's employment and referral for prosecution by proper authorities under local, state, and/or federal law.

Employees who violate drug laws and/or abuse mood-altering substances prior to or during University work and/or activities will be subject to corrective and disciplinary action as outlined in the Corrective and Disciplinary Action Policy. 

Employees who violate this policy may be required to participate in a drug abuse assistance or rehabilitation program approved by the Faculty/Employee Assistance Program as a term and condition of employment.

Licensed health care professionals who demonstrate "habitual intoxication or active dependency on or addiction to the use of alcohol or ….any kind of controlled substance or narcotic drug" are subject to mandatory reporting to the Nebraska Department of Health and Human Services Regulation and Licensure within 30 days of discovery unless the potential reporter is a spouse or health care provider engaged in a legitimate practitioner-patient relationship or the individual is enrolled in the Licensee Assistance Program (LAP) and is in compliance with the LAP program requirements. (State of Nebraska Uniform Licensing Law, 1996).

Health Risks Associated with Use of Illicit Drugs and Abuse of Alcohol:

1. Most drugs of abuse, including alcohol, can cause psychological and physical dependence.  As a result, many individuals experience significant psychological, physical, and personal problems associated with their chemical use.
2. Areas of an individual's life that may be affected by chemical use include family, occupational, and social life.
3. Any drug, which is injected through contaminated or shared needles, may carry the risk of hepatitis, endocarditis, AIDS or other infectious diseases.

4.     Use of drugs of undetermined potency or content (street drugs) may result in exposure to unanticipated psychoactive substances or other substances toxic to humans.

5. Withdrawal of addicting sedative or depressant agents usually results in stimulation and agitation while depressive symptoms usually accompany stimulant withdrawal.

Students, employees, and faculty who recognize a problem related to their alcohol or drug use may voluntarily seek confidential assistance through student counseling services or the faculty/employee assistance program (F/EAP).  Exceptions to confidentiality may include situations where there is a suspicion of danger to self or others. 

When a student, employee, or faculty member is aware of behavior that is consistent with impairment, these individuals shall immediately report this behavior to an appropriate supervisor.  Concerns regarding student behaviors shall be reported immediately to an appropriated faculty or college administrator who is designated by the dean.  Questions about the appropriate course of action should be directed to student counseling or F/EAP or Human Resources – Employee Relations.

5.3

The Faculty/Employee Assistance Program (F/EAP):

The F/EAP Human Resources will be responsible for conducting drug-free awareness programs to educate UNMC employees about the following:

1.     UNMC policies pertaining to a drug-free workplace.

2.     The availability of assistance offered through the F/EAP.

3.     Education about chemical dependency.

The F/EAP at UNMC is available to all employees and family members needing information about and/or other assistance with alcohol or drug-related problems.  F/EAP provides information and cost-free confidential counseling services for employees/family members with concerns regarding substance abuse or dependency and is able to provide the following resource information to employees and family members:

1.     Campus/community support groups, i.e. 12-step recovery programs such as Alcoholics Anonymous (AA), Al-Anon (for family and friends of the alcoholic), Narcotics Anonymous (NA), Cocaine Anonymous (CA), Adult Children of Alcoholics (ACA).

2.     Individual/private practice therapists/counselors with chemical dependency counseling expertise.

3.     Information about UNMC employee health insurance coverage for chemical dependency treatment.

Requests to the F/EAP will be handled confidentially to the extent permitted by law and in accordance with UNMC policies and procedures.  The F/EAP offices are located in Swanson Hall, rooms 4019 and 4021.  Office telephone numbers are (402) 559-5323, and 559-5175.

5.4

Employee and Faculty Procedures for Mandatory Referrals:

When a manager/supervisor identifies that an employee or faculty is incapable of performing the requirements of the job adequately or safely, the manager/supervisor will follow the guidelines below.  These observations may include but are not limited to the smell of alcohol or other substance on the breath or clothing, erratic or unusual behaviors, and/or deterioration of physical appearance.

Guidelines:

1.     Remove the employee or faculty member from the work area as discreetly as possible.

2.     Inform the employee or faculty member of the following:

a.     The observed behavior.

b.    Due to the observed behavior, he or she will not be allowed to work.

c.     Refusal to comply with the manager/supervisor's requests may result in corrective action up to and including termination.

d.    Written report documenting this incident will be completed.

3.     Escort the employee or faculty member to employee health (emergency department after hours).  The manager/supervisor will inform the physician on duty of the behaviors exhibited by the employee that led others to believe he or she was impaired. Request a substance test (blood test or urine test as applicable).

4.     Refusal to comply:  If the employee or faculty member refuses to comply, the supervisor shall inform the employee of the following options:

a.     Be taken home by a cab at his or her expense.

b.    Have the supervisor call a contact person to come to take him/her to his/her home.

c.     Contact security in the case of belligerent behavior (if the employee exhibits behavior dangerous to self or others).

In most circumstances the supervisor or any other personnel should not attempt to prevent the employee from leaving the premises if the employee or faculty member insists on doing so.  In such cases, it is imperative that the supervisor document on the corrective and disciplinary action - written notice that the employee was offered both options (a and b above) and that the employee refused these options.

Students, faculty and employees who are of mandatory referral status due to chemical impairment will be required to sign written contracts stating the terms of assessment, treatment and ongoing recovery.  Individuals of mandatory referral status who refuse to comply with contract requirements may be subject to further disciplinary action up to and including dismissal/termination.  When applicable, a report to the state Department of Health and Human Services Regulation and Licensure will be furnished.

Existing UNMC policies governing leave of absence for illness will be applied to those students, employees, and faculty who any need time off for evaluation or treatment of chemical dependency

Responsibility of any costs of evaluation, treatment or aftercare shall be borne by the student, employee or faculty member.  Employee and faculty fitness-for-duty expenses shall be borne by the referring department. 

Re-entry into the workplace/classroom following an absence for chemical dependency treatment or continuation of work/academic program during treatment will be coordinated by the F/EAP or student counseling case manager.  A re-entry agreement may place restrictions on the individual's work, classroom, laboratory, clinical, or clerkship activities that are thought to be in the best interests of the individual's recovery and public safety.

Student, faculty, or employee participation in respective student counseling or F/EAP recovery programs is a condition of continued employment or academic progress at UNMC.  By law, individuals may still be subject to criminal prosecution and/or licensure actions.

Relapse episodes will be treated similarly to initial impairment.  When it becomes evident that the individual has relapsed, he or she will be subject to further evaluation, treatment and aftercare agreements.  Episodes of relapse may be cause for disciplinary action, which may include termination.

The contract provider for employee health services has the responsibility for establishing urine and/or blood screening protocols for alcohol and/or drugs, and for coordinating reporting procedures.

In compliance with federal confidentiality regulations, all records of students, faculty and employee involvement with student counseling or F/EAP are kept confidential.  Such records will be kept in the offices of student counseling, F/EAP and/or employee health and will not become a part of the permanent student or employment record.  Information from these records will be released only with the individual's written consent or as required by law.  With a signed release, student counseling and F/EAP will provide progress reports to college administrators or supervisors that are limited to the individual's compliance, the progress in rehabilitation, and recommendations for returning to work or school.

Diversion:

Diversion shall be defined as the theft of a controlled substance from any UNMC facility including off-campus sites.  There are two types of Diversion:

1.     Diversion for own use: when students, employees or faculty members are determined to have diverted drugs from a UNMC facility for their own use, they will be subject to immediate disciplinary action.  Such disciplinary action will include a mandatory referral to student counseling or F/EAP for mental health/chemical dependency assessment.

2.     Diversion for use by others:  diversion for use by others or for resale will subject the individual to immediate disciplinary action under UNMC policies.

Refusal to participate in evaluation, treatment and recovery agreements shall be cause for further disciplinary action up to and including dismissal.

An individual who has been determined to be chemically dependent, and has diverted the drug for personal use, may not face immediate termination/dismissal, but will be required to enter into a treatment and recovery agreement with student counseling or F/EAP and satisfactorily complete the terms of this agreement.  In any case, UNMC is required by law to follow Drug Enforcement Agency and Department of Health and Human Services reporting procedures governing loss of controlled substances.

When a known harm occurs to others from an individual's diversion of controlled substances, that individual shall face disciplinary action up to and including dismissal/termination.  In addition, the appropriate licensing board will be notified.

Monitoring:

Under the following circumstance students, employees and faculty members who are chemically dependent may be required to enter into a recovery contract.  The terms of the contract may include drug screens, restrictions on clinical activities and/or close supervision.

1.     When a situation occurs such as described in these procedures.

2.     They have transferred from an institution where they were under a recovery contract.

3.     Their licensure or certification is currently restricted and/or they are on probation and/or they are participating in a state-authorized recovery program with the Department of Health and Human Services Regulation and Licensure or similar program in any other state.

4.     If a prospective employee has less than five (5) years of stable recovery, he or she may be subject to assessment by student counseling or Faculty/Employee Assistance program.  The need for contracting will be determined on a case-by-case basis.

Any violation of the drug-free campus policy including unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on the UNMC campus, any criminal drug statute conviction for a violation occurring in the workplace, or working while under the influence of alcohol or a controlled substance can result in disciplinary actions up to and including termination for cause.

Equal Employment Opportunity

The University of Nebraska Medical Center declares and affirms a policy of equal educational and employment opportunities, affirmative action in employment, and nondiscrimination in providing its services to the public. Therefore, the University of Nebraska Medical Center shall not discriminate against anyone based on race, age, color, disability, religion, sex, national or ethnic origin, marital status, genetic information, sexual orientation, political affiliation, Vietnam-era veteran status, or special disabled Veteran status. Sexual harassment in any form, including hostile environment and quid pro quo, is prohibited.

For additional information, contact Human Resources, Employee Relations at 559-4371 or 559-8534 or review the following:

1. Policy #1003 – Drug Free Campus Policy
2. Policy #1098 – Corrective and Disciplinary Action Policy
3. Procedures #1098 – Corrective and Disciplinary Action Procedures