Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-7 - Human Resource Rules
Section 3349-7-35 - Mood-altering or consciousness altering substances (drug free workplace)
Universal Citation: OH Admin Code 3349-7-35
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
To provide a rule that will promote the health and safety of students, employees, and visitors, the university supports and will maintain a drug-free working, living and learning environment.
(B) Scope
This rule applies to all employees, students, volunteers and any individuals who conduct business for the university. This rule provides a minimum standard for engaging in employment or educational activities. University departments or contracts may impose stricter standards in certain circumstances. The prohibited use of alcohol stated in this rule does not apply to private events or private residences that are located on university premises.
(C) Definitions
(1)
"Controlled
substance" refers to substances or drugs classified Schedules I through V of
Section 202 of the Controlled Substances Act,
21 U.S.C.
812 (1970) which include, but are not limited
to:
(a)
Narcotics, such as opium, heroin, morphine and synthetic
substitutes;
(b)
Depressants, such as chloral hydrate, barbiturates, and
methadone;
(c)
Stimulants, such as cocaine (and any derivatives) and
amphetamines;
(d)
Hallucinogens, such as LSD, mescaline, PCP, peyote,
psilocybin, Ecstasy, and MDMA;
(e)
Cannabis, such as
marijuana and hashish; and
(f)
Any chemical
compound added to federal or state regulations and denoted as a controlled
substance or so governed 21 U.S. Code 813.
(2)
"Criminal drug
statute conviction" refers to situations when an employee is convicted of or
pleads guilty to a violation of a drug statute as defined in the Revised
Code.
(3)
"Illegal drugs" refers to a substance whose use or
possession is controlled by federal or state law but that is not being used or
possessed under the supervision of a licensed health care
professional.
(4)
"Reasonable suspicion" refers to situations where a
person believes, based on the combination of facts and circumstances available
at the time, there is evidence suggesting the use or the influence of drugs or
alcohol, or that their performance is impaired by drugs or alcohol while at
work or in the educational setting.
(5)
"Safety-sensitive
job classifications" refers to a job in which the employee is responsible for
his or her own or other people's safety. These positions currently include, but
are not limited to, positions in public safety, environmental and occupational
health and safety and campus operations.
(6)
"University
premises" refers to any building or land owned, leased, or used by the
university.
(7)
"University vehicle" refers to any vehicle owned,
leased or operated by the university.
(D) Rule statement
(1)
General prohibitions
(a)
Employees may not
engage in workplace activities and students may not participate in coursework
or clinical work while under the influence of alcohol or cannabis, while
unlawfully using controlled substances, or while using illegal drugs. The
presence (at established testing levels) of any prohibited substance in the
employee or student's system while engaging in any workplace or curricular
activity shall constitute a violation of this policy.
(b)
The university
prohibits the consumption of alcohol on university premises unless authorized
on a university event-specific basis, regardless of the legal drinking age. The
university prohibits the possession or use of cannabis, in any form (e.g.,
smoking, vaping, consuming through edible products) by a person of any age,
while on university premises.
(c)
The university
prohibits its employees and students from the unlawful use, misuse, possession,
dispensation, distribution, or manufacture of any controlled substances or
illegal drugs anywhere on university premises,
(i)
As a recipient of
federal funding, such as student financial aid and federal research grants, the
university is required to follow federal law including the Safe and Drug Free
Schools and Communities Act of 1989 and the Drug Free Workplace Act of 1988. In
order to comply with these laws, the university prohibits the manufacture,
dispensation, possession, use, or distribution of cannabis in any form on any
university-owned property, in the conduct of university business or as part of
any university activity even when the possession and use would be legal under
the laws of the state of Ohio.
(ii)
This prohibition
does not extend to research related to marijuana that is approved or funded by
a federal agency including but not limited to:
(a)
The national
institutes of health;
(b)
The drug enforcement administration; or
(c)
The food and drug
administration..
(iii)
Employees or
students who are legally authorized Ohio medical marijuana users may request to
be released from their housing obligation with the village.
(2)
Sanctions
(a)
Any employee who violates any provision of this policy
will be subject to disciplinary sanctions up to and including termination of
employment based on the circumstances of the violation. Additional sanctions or
actions may include:
(i)
Work restrictions;
(ii)
Required
participation in an evaluation by the employee assistance program or an
external substance abuse professional;
(iii)
Mandatory
follow through with substance abuse education/ rehabilitation program if
recommended by the evaluating employee assistance program; or
(iv)
Entering into a
government-approved drug rehabilitation program.
(b)
Any student who
violates any provision of this policy will be referred to the committee on
academic and professional progress (CAPP) in accordance with the procedures set
forth in the NEOMED compass. Students will be subject to sanctions up to and
including dismissal from the institution based on the circumstance of the
violation.
(3)
Employee and student eesponsibility to report
convictions for alcohol or drug-related offenses
(a)
Any employee who
is convicted of a drug offense must report the conviction to his/her immediate
administrative supervisor and human resources within five days of such
conviction.
Employees in "safety-sensitive" positions at the university, or those who drive a university leased or owned vehicle, must report any alcohol-related convictions to his/her immediate administrative supervisor and human resources within five days of such conviction.
(b)
Any student who is convicted of a drug or alcohol
related offense must report such conviction to the senior executive director,
academic affairs and student services with five days of such
conviction.
(c)
The failure to report any drug or alcohol related
conviction covered under this policy within five days may subject the employee
or student to additional sanctions.
(d)
The university
shall make notification to any granting agencies within ten days of such
report, as required.
(e)
Within thirty days of notification of a drug or alcohol
conviction, the immediate supervisor, in consultation with the director of
human resources, will take appropriate action with the employee and administer
any sanctions.
(4)
Drug or alcohol testing
All federal, state or local regulations regarding drug testing and monitoring will be followed. All information pertaining to an individual's drug tests or results will be kept as confidential, with only individuals who have a need-to-know being provided information or as required by law. All testing conducted under this rule will be done in accordance with standards established by the university department of human resources in conjunction with the offices student affairs and environmental and occupational health and safety. Drug or alcohol testing can occur in any of the following situations:
(a)
For
employees
(i)
Post-offer / pre-employment testing. All applicants in
safety-sensitive job classifications will be drug tested after receiving a
final offer of employment and prior to beginning work. Applicants will be
notified at the time of application that drug testing is required for the
position. Offers of employment are contingent upon successfully passing a drug
test.
Safety-sensitive job classifications shall include, but are not limited to, positions in public safety, environmental and occupational health and safety and campus operations.
(ii)
Testing for reasonable suspicion for employees. Drug
and/or alcohol testing may be conducted if there is reasonable suspicion of
working under the influence of alcohol or drugs, or that the employee's
performance of their duties is impaired by drugs or alcohol. Testing will be
based upon objective observations or circumstances including but not limited
to, aroma of alcohol on breath, directly observing use of drugs or alcohol,
erratic/strange behavior in the workplace, self-disclosure of selling/taking
illicit drugs/alcohol, diversion of medications or upon verification of a drug
or alcohol-related conviction.
(iii)
Reasonable
suspicion testing may be requested by an immediate supervisor, department
chair, or other university administrator in accordance with the university
reasonable suspicion procedures. The director of human resources should be
notified as soon as possible of any suspected reasonable suspicion. If, in
accordance with the reasonable suspicion procedures, confirmation is obtained,
arrangements will be made for the employee to be drug and/or alcohol tested.
Drug testing shall occur at an approved test site and be as proximate to the
documentation of reasonable suspicion as possible.
(a)
An employee who
tests positive for drugs or alcohol will be subject to
sanctions.
(b)
Refusal of a drug and/ or alcohol test may subject the
employee to sanctions.
(c)
Refusal to present for a drug/ alcohol related test
within the allotted time shall constitute a refusal to test and may subject the
employee to sanctions.
(d)
Failure to cooperate with the test collection procedure
shall constitute a refusal to test and may subject the employee to
sanctions.
(e)
Individuals who test positive will be referred to the
university employee assistance program or a substance abuse professional if an
external expert is used for evaluation. The evaluation will determine and
recommend if substance abuse treatment or education is appropriate and/or
necessary.
(f)
The director of human resources, in consultation with
the chief institutional safety official, will review the recommendation and may
determine that rehabilitation is a requirement for any current employee who has
an alcohol or drug problem that affects job performance.
(b)
For students
(i)
In accordance
with the student drug/toxicology screening rule.
(ii)
Reasonable
suspicion testing for students may be ordered by the senior executive director,
academic affairs and student services if there is a reasonable suspicion of
being in a class or a clinical setting while under the influence of alcohol or
illegal drugs. All students with positive results will be referred for further
action in accordance with university rules and the student code of
conduct.
(iii)
Result of self-disclosure.
(5)
Notification of university law enforcement
Any individual observed unlawfully manufacturing, distributing, dispensing, using, or possessing alcohol, cannabis or illegal drugs on university premises is to be reported immediately to the NEOMED police department.
(6)
Education,
resources and training
(a)
The university will inform all employees and students
of the drug free campus rule through either the employment website upon
employment or the NEOMED compass, and annually through the annual security
report.
(b)
Human resources will provide access to reasonable
suspicion and alcohol and drug abuse awareness training for all
employees.
(c)
Human resources will refer and provide appropriate
support for employees after drug or alcohol testing and/or substance abuse
treatment or education, facilitate arrangements for testing when there is
reasonable suspicion, and consult with supervisors on return to work agreements
for employees.
(d)
Student services will refer and provide appropriate
support for students after drug or alcohol testing and/or substance abuse
treatment or education, facilitate arrangements for testing when there is
reasonable suspicion, and consult with the student and any necessary university
individuals to determine the student's eligibility to return to the educational
setting.
(7)
Supervisor's responsibilities
(a)
Supervisors with
reasonable suspicion that a substance abuse problem may be resulting in
unsatisfactory work performance should document the facts and circumstances
that have occurred and review this information with their department chair or
division head and the director of human resources. This referral would be kept
confidential. Workplace performance issues should be
documented.
(b)
Supervisors will take corrective personnel action as
appropriate after consultation with the office of human
resources.
(c)
When there is a suspension of responsibilities directly
related to drug or alcohol use, upon authorization to return to work, a return
to work agreement should be written in consultation with the director of human
resources, the supervisor and the chief institutional safety officer (if
necessary).
(d)
The supervisor shall provide appropriate supervision
for employees in accordance with return to work agreements.
Replaces: 3349-7-35
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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