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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3352 Wright State University |
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Chapter3352-7. Administration Generally |
3352-7-06. Drug-free workplace
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(A) General background. The Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989 require all federal contractors, federal grant recipients, and recipients of any federal funds whatsoever to implement a comprehensive substance and alcohol abuse policy. Wright state university is considered a federal contractor under these acts and as such shall comply with all provisions of them. This policy shall apply to the entire university community: faculty, staff, graduate assistants, and students.
(B) Policy. The university is committed to maintaining a workplace free of illegal drugs or the unlawful use of alcohol. The university prohibits the possession, manufacture, distribution, dispensation, or use of illegal drugs and the unlawful use, possession, or distribution of alcohol or controlled substances on all university property and at any locations where employees or students are conducting university related business or activities and when using university vehicles or private vehicles on university business or in the conduct of university activities.
(C) Substance abuse counseling. Resource information regarding health and safety concerns about substance abuse and information regarding the availability of and/or referral to community based approved substance abuse counseling and rehabilitation services are available through a variety of university and community based services, including the:
(1) Raider alcohol and substance abuse awareness program.
(2) Wright state university psychological services center.
(3) Department of human services.
(4) Greene hall chemical dependency treatment services.
(D) Sanctions for violation of standards of conduct. Wright state university has used and will continue to use progressive discipline in administering sanctions for violations of this policy; however, the university reserves the right to determine when the serious nature of a violation or arrest without adjudication requires that the university take immediate action. Such action may include but is not limited to:
(1) Faculty and staff.
(a) Written reprimands.
(b) Transfer to other duties.
(c) Suspension.
(d) Demotion.
(e) Termination.
(f) Referral to appropriate authorities for prosecution for violations of the standards of conduct described in this policy.
(2) Students.
(a) Disciplinary probation.
(b) Suspension.
(c) Dismissal.
(d) Referral to appropriate authorities for prosecution for violations of the standard of conduct described in this policy.
(3) Students, faculty, and staff may be referred to appropriate drug or alcohol abuse treatment facilities, as a condition of continued employment and/or student standing.
(4) Any member of the work force convicted of a violation of the criminal drug statutes occurring in the workplace shall notify the assistant vice-president for human resources within five days after such conviction. The university is obligated to notify federal contracting agencies/officials (if appropriate) within ten days after receiving notice of the conviction. Within thirty days after receiving notice of the conviction, the university shall take appropriate disciplinary action.
(E) University noncompliance sanctions. The federal government may suspend contract payments and/or terminate a contract. The government may suspend or debar (for a period not to exceed five years) the contractor if the head of the contracting agency determines:
(1) The contractor has made a false drug-free workplace certification.
(2) The contractor has violated the certification by failing to carry out the requirements.
(3) Such a number of the contractor's employees have been convicted of criminal drug statute violations occurring in the workplace as to indicate that the contractor has failed to make a good faith effort to provide a drug-free workplace.
(F) Related department of defense rules. Contracts or grants issued by the department of defense on or after October 31, 1988, are subject to regulation under the Drug-Free Work Force Act (as well as compliance with the Drug-Free Workplace Act and office of management and budget regulations).
(G) Policy review. The department of human resources with the assistance of the office of legal affairs, the division of student affairs, and the office of research and sponsored programs shall review this policy every two years to determine the effectiveness of the policy and to ensure that sanctions are being consistently enforced. When recommended, changes shall be forwarded by the department of human resources to appropriate authority for review and for amendment of this policy.