VII 1.10 UMCES Policy on Drug-Free Workplace

In addition to any legal penalties under federal and state law, employees found to be in violation of this policy may be subject to corrective action under applicable University personnel policies.

The University supports programs aimed at the prevention of substance abuse by University employees. Employees are encouraged to seek assistance for substance—dependency problems. Employee—assistance counseling and leaves of absence to attend rehabilitation programs are appropriate means for dealing with these problems.

1. UMCES strives in good faith to establish and maintain a workplace free from the illegal use, possession, manufacture, sale, or distribution of drugs or other materials defined as controlled dangerous substances under Maryland and federal criminal laws.
   1. This policy shall apply to all Laboratory campuses and facilities operated by UMCES, including, but not limited to, research laboratories, offices, buildings and housing units, research vessels, and permanent or temporary field facilities.
   2. This policy shall apply to all full—time and part—time employees, to students residing performing investigations at Center facilities, short— or long—term visitors, and to all other persons who may become officially or unofficially involved in UMCES’ activities and programs.
2. Employees found in violation of this policy shall be subject to progressive disciplinary action up to and including termination of appointment.
   1. Students in residence shall be subject to dismissal from UMCES and may be subject to appropriate disciplinary action as imposed by their campus of enrollment. 

      1 “Controlled substances” as defined pursuant to Controlled Substances Act, 21 U.S.C., Sections 801, et seq.

   2. This policy shall not supersede the possibility of criminal prosecution of individuals charged with willful illegal activity under relevant State and federal statutes.
      1. Allegations of illegal sale or distribution of controlled substances on UMCES property shall be referred promptly to the appropriate legal authorities for possible criminal prosecution.
3. It is the policy of UMCES to recognize the importance of its employees and students as valuable contributors to achieving its mission, and to restore without prejudice those who may have developed substance dependencies to full and productive roles in its academic community.
   1. UMCES shall provide all employees and students in residence who may have substance dependencies with an opportunity to receive treatment and rehabilitation without disciplinary penalty, provided that:
      1. conviction of sale or distribution of controlled substances has not been a precipitating factor in seeking such opportunity; and,
      2. the individual cooperates with UMCES in withdrawing from all activities which may be impaired or which impose danger to others due to the dependency, treatment, or the rehabilitation program.
4. It shall be the policy of UMCES to provide all employees with formal notification of this policy, its implementation, and the opportunities it provides for confidential treatment and rehabilitation under conditions of the maximum possible job security.
5. In accordance with State of Maryland Policy, as promulgated in Executive Order 01.01.1989.05 signed by the Governor 7 April 1989, as a condition of employment, all UMCES employees shall be required to acknowledge receipt of this policy by returning a copy of the State of Maryland Substance Abuse Policy Acknowledgment of Receipt to their supervisor respective Heads of Laboratory for insertion in their permanent personnel files.

1. The Vice President for Administration shall exercise such authority for employees in Center Administration.
2. An individual or his/her Laboratory Director may elect to bring a matter directly to the Vice President for Administration at any time.

1. Such reports shall be made in complete confidence, and they may be made anonymously.
   1. The Laboratory Director shall decide whether such a report is sufficient cause to warrant investigation, but shall be obligated to conduct an inquiry or take other appropriate action concerning any individual who is the subject of two or more independent allegations.
   2. If investigation confirms substance abuse, dependency, or other violation of Drug—Free Workplace Policy, the Head of Laboratory shall promptly undertake appropriate corrective action.
2. Employees having supervisory authority over an individual shall report to the appropriate Laboratory Director any pattern of work performance where the individual has failed to complete assigned duties or shown deteriorating productivity attributable to substance abuse.
   1. If possible, the report should include documentation as to date, time, place, and nature of the incident(s) that are cause for concern.
3. The Laboratory Director shall promptly undertake corrective action upon review of such a report.
4. An individual who is experiencing problems with drug dependency or controlled substance abuse is encouraged to bring his/her circumstances to the attention of the appropriate Laboratory Director and seek treatment and rehabilitation under the provisions of this policy.
   1. Such an individual may elect to initiate self—referral procedures for treatment and rehabilitation, as described below, without any involvement by UMCES or a representative thereof.

1. The appropriate Laboratory Director or the Vice President for Administration shall conduct a counseling interview when he/she has determined that unsatisfactory work performance warrants action.
2. Employees identified as having substance abuse problems or dependency, but who are not otherwise involved in flagrant violation of UMCES Drug—Free Workplace Policy, shall be notified that they will be referred in strictest confidence to the behavioral health provider in their health plan.
   1. An employee so notified must avail himself/herself of these services or face the possibility of disciplinary actions appropriate to decreasing acceptability of work performance.
3. An employee who recognizes that he/she has substance abuse problems may make direct contact with their behavioral health provider without any involvement by UMCES.
   1. Nothing in this policy shall preclude an employee from seeking assistance through another service of his/her choice, except that UMCES makes no commitment to accept all conditions or financial obligations that may be recommended by such a program.
4. Once referral has been initiated, applicable policies and procedures of the behavioral health provider shall govern the implementation of employee assessment and, if so identified, treatment and rehabilitation under UMCES Drug—Free Workplace Policy.
   1. UMCES reserves the right to temporarily withdraw an employee from those duties which create a threat to personnel safety as a result of substance abuse or treatment leading to rehabilitation.

1. Failure to make such notification may be cause for termination of the individual’s appointment.

1. Current employees will be provided with a written statement of Drug—Free Workplace Policy, a summary of implementation procedures, and information regarding Magellan Behavioral Health.a. A statement of policy and summary of implementation procedures shall also be published annually in the in—house newsletters prepared by each of the UMCES Laboratories and Center Administration.
2. New employees shall receive the above documents as part of the orientation information disseminated to all new hires.
   1. New students in residence shall receive the above documents as part of the informational package they receive when commencing study under the direction of UMCES faculty.

1. This Program shall focus on the dangers of drug abuse, the provisions of the UMCES Drug—Free Workplace Policy, the availability of confidential counseling, treatment, and rehabilitation through the appropriate behavioral health provider, and the legal obligations of both the employees and the Center under this Policy.

1. This document shall be made available to any federal agency upon inquiry regarding UMCES Drug—Free Workplace Policy.