Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. Youngstown state
university ("university") is committed to creating a safe and healthy
environment for its employees, students, and visitors. The university prohibits
the unlawful manufacture, distribution, dispensation, possession, sale or use
of illegal drugs, controlled substances, intoxicants, and alcohol by any
student, employee, organization (including student organizations), volunteer or
visitor on university premises, at any location where university business is
being conducted, as part of any university activity, in a university vehicle,
or in the workplace. Employees are prohibited from working and from operating
any university vehicle or equipment while under the influence of alcohol or
non-prescribed controlled substances. Employees using prescribed or
over-the-counter medication are prohibited from operating university vehicles
or equipment at any time when their ability to do so might be impaired by the
medication. No passenger in a university vehicle may consume alcoholic
beverages or use non-prescribed controlled substances while in the
vehicle.
(B) Purpose. This policy
is designed to create and maintain an environment which sustains the general
health and well-being of students, employees, and visitors and to comply with
the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities
Act Amendments of 1989. The authorized use of alcohol on university premises is
governed by university policy 3356-5-10, "Alcoholic beverages on
campus"
(rule
3356-5-10
of the Administrative Code).
(C) Scope. This policy applies to all
students, interns, faculty, employees (including student employees),
volunteers, university visitors, third parties, (unless otherwise noted) and
any individual or organization using university premises or engaged in a
university activity or program whether on or off campus.
NCAA student athletes shall follow the policies and
guidelines set forth by the NCAA, the affiliated conference, and the university
department of athletics in addition to this policy.
(1) As a recipient of federal funding, such
as student financial aid and federal grants and contracts for research, the
university is required to follow federal law, including the Controlled
Substances Act ("CSA") ( 21 U.S.C. 13) . The CSA prohibits the manufacture,
dispensation, possession, use, or distribution of marijuana in any form on any
university-owned property, in the conduct of university business, or as part of
any university activity.
On September 8, 2016, Ohio law allowed certain activities
related to the possession and use of medical marijuana. However, using and
possessing marijuana, including medically prescribed marijuana, continues to be
prohibited by and a violation of the CSA and university policy. This
prohibition applies even when the possession and use would be legal under the
laws of Ohio. As a result, those with medical marijuana prescriptions/cards are
not permitted to use medical marijuana on campus, in the conduct of university
business, or as part of any university activity. Sanctions for students and
employees who are found to be in possession of or using marijuana include
suspension, expulsion and/or termination of employment.
(2) This prohibition does not extend to
research related to marijuana that is approved by any
of the following:
(a) The agency for
health care research and quality;
(b) The national institutes of
health;
(c) The national academy of
sciences;
(d) The centers for
medicare and medicaid services;
(e)
The United States department of defense;
(f) The centers for disease control and
prevention;
(g) The United States
department of veterans affairs;
(h)
The drug enforcement administration;
(i) The food and drug administration;
and
(j) Any board recognized by the
national institutes of health for the purpose of evaluating the medical value
of healthcare services.
(3) Students who are legally authorized Ohio
medical marijuana users and are living in university-owned or managed housing,
may submit a letter with supporting documentation to the associate vice
president for student experience asking to be released from their university
housing and dining obligations.
(4)
Students who are legally authorized Ohio medical marijuana users and are living
in university-owned or managed housing, may not possess or use marijuana in
these facilities. Any questions regarding medical marijuana and on-campus
living may be directed to the associate vice president
of student
experience
in Kilcawley house or email
jlbyers@ysu.edu.
(D) Definitions.
(1) "University premise." Any building or
land (including parking lots) owned, leased or used by the university including
any site at which an employee is to perform work for the university.
(2) "University vehicle or equipment." Any
vehicle or equipment owned, leased, or operated by the university.
(3) "Controlled substances." Include and are
not limited to narcotics, depressants, stimulants, hallucinogens, cannabis, and
any chemical compound added to federal or state regulations and denoted as a
controlled substance.
(4) "Illegal
drugs." A substance whose use or possession is controlled by federal or state
law but is not being used or possessed under the supervision of a licensed
health care professional.
(5)
"Intoxicant." Any substance which can induce a condition of diminished mental
and/or physical ability, excitement, irrational behavior or other physiological
effects.
(6) "Random testing." Drug
or alcohol testing that is conducted on employees chosen by random
selection.
(7) "Reasonable
suspicion testing." Testing based on specific, objective observations
concerning the appearance, behavior, speech, or body odors of an employee
including but not limited to slurred speech; dilated or pinpoint pupils;
drowsiness or sleepiness; unusual or rapid changes in mood; unexplained work
errors; impaired manual dexterity, coordination, or ability to reason; or upon
verification of a drug or alcohol-related conviction; and self-disclosure of
selling or taking drugs or alcohol.
(8) "Refusal to consent." Obstructing the
collection or testing process; submitting an altered, adulterated, or
substitute sample; failing to appear for a scheduled test; refusing to complete
the requested testing forms; failing to promptly provide specimen(s) for
testing when directed to do so and without a valid medical basis for the
failure.
(E) Guidelines.
(1) All faculty, staff, volunteers, and
student employees are required to report known or suspected violations of this
policy to their supervisor, manager, or an appropriate administrator.
(2) This policy is subject to all applicable
collective bargaining agreements and state law; however, no employee or
bargaining unit may be exempted from application of this policy.
(3) Information and records relating to
positive test results, drug and alcohol dependencies, and legitimate medical
explanations provided by an employee or volunteer shall be kept confidential to
the extent required by law and maintained in files separate
from
personnel files. Such records and information may only be disclosed among
managers and supervisors on a need-to-know basis and may also be disclosed
where relevant to a grievance, charge, claim or other legal
proceeding.
(4) Voluntary
submission for treatment of substance abuse problems will not subject employees
or volunteers to disciplinary action or sanctions; however, submission for
treatment shall not serve as a substitute for disciplinary action or sanction
under this or any other university policy.
(5) Any employee, volunteer, or visitor who
observes an individual unlawfully manufacturing, distributing, dispensing,
using or possessing alcohol or possessing controlled substances on university
premises shall be reported immediately to the university police. Offsite
university programs or activities should contact campus police, security and/or
local law enforcement.
(F) Procedures.
(1) Consistent with this policy, the office
of human resources shall:
(a) Develop
procedures for the implementation and monitoring of drug and alcohol testing
program which may include contracting with outside entities to provide testing
services;
(b) Inform all employees
of the drug-free environment policy upon employment and ensure that the policy
is accessible to all employees on the human resources website;
(c) Provide access to training for
supervisors and managers; and
(d)
Provide information on resources available through the university's employee
assistance program ("EAP").
(2) Consistent with this policy, the office
of student experience shall:
(a) Annually
inform students of the university's drug-free environment policy;
(b) Provide alcohol and drug abuse awareness
programing for students.
(3) Drug/alcohol testing.
(a) Pre-employment testing. Applicants for
specific safety-related and other designated positions at the university will
be drug/alcohol tested after receiving a final offer of employment and prior to
beginning work. Applicants will be notified at the time of application that
testing for drugs is a requirement of the employment process. Offers of
employment are contingent on successfully passing a drug/alcohol
test.
(b) Random testing. Performed
for safety-related and other designated positions as required by law and
pursuant to individual agreements. Employees in this group are subject to
random testing as a condition of continued employment.
(c) Ordered testing. With the approval of the
office of human resources, departments or units within the university can
establish testing standards that are more rigorous than outlined in this policy
(such testing is typically required by federal regulations, licensure boards,
and other legal or regulatory entities).
(d) Reasonable suspicion testing.
(i) Reasonable suspicion testing may be
ordered by a supervisor, chair, or other university administration only in
consultation with the office of human resources employee and labor relations
officer.
(ii) If the supervisor or
manager is unclear that testing is merited, they should consult with the office
of human resources employee and labor relations officer.
(iii) Where reasonable suspicion exists, the
employee or volunteer shall be immediately relieved of duty pending the outcome
of the testing. After an employee is sent for testing, the employee should be
placed on administrative leave until further actions are taken.
(iv) Failure of a manager or supervisor to
receive training on this policy shall not invalidate otherwise proper
reasonable suspicion testing.
(v)
Individuals testing positive should be referred to the university employee
assistance program (EAP) for evaluation. The evaluation will determine and
recommend if substance abuse treatment or education is appropriate and/or
necessary. Employee and labor relations will review the recommendation and may
determine that treatment is a requirement for any current employee who has an
alcohol or drug problem that affects job performance.
(e) Post-rehabilitation testing. When an
employee has had a confirmed positive test result or has been sent to a drug
dependency program at the request of the university and will remain as a
university employee, then as a condition of continued employment, the employee
will be required to take and pass a follow-up drug test or tests during a
period of up to two years after the employee's return to work.
(G) Self-disclosure of
conviction by employee.
(1) Consistent with
this policy and as required by the Drug Free Workplace Act of 1988, all
employees, faculty, staff and volunteers are required to notify their immediate
supervisor within five calendar days after any alcohol or drug-related
conviction or finding of guilt, including the operation
of any vehicle while impaired, and including a plea of nolo contendere
occurring in the workplace. When a supervisor is so notified by an employee,
the supervisor shall immediately notify the chief human resources
officer.
(2) Within thirty days of
such notice, the university will take appropriate personnel action against the
employee, which may include corrective action, random testing requirements,
notification of an appropriate licensing authority, and required participation
in a drug abuse assistance or rehabilitation program.
(3) If the self-disclosure is from an
employee engaged in the performance of work under a federal grant or contract
the supervisor shall notify the director of research
services. The director of research services
shall notify the federal agency sponsoring the grant or contract within
ten days after notification of the employee's conviction.
(H) Sanctions for violation or noncompliance.
(1) A refusal to consent to testing shall be
considered as a violation of this policy.
(2) Corrective action may include discipline
up to and including termination, required participation in an evaluation by EAP
and/or follow-through with an education/treatment program. If an employee
refuses to participate or does not satisfactorily complete a required
education/treatment program, the employee may be subject to corrective action
up to and including termination.
(3) Students violating this policy will be
subject to disciplinary action in accordance with university policy 3356-8- 01.1,
"The Student Code of Conduct" (rule 3356-8-01.1 of the Administrative Code).
Sanctions may include loss of good standing, probation, suspension, or
expulsion.
(4) Employees
violating this policy will be subject to disciplinary action in accordance with
applicable collective bargaining agreements and/or other university policies
and procedures. Sanctions may include warning, reprimand, suspension, removal
or termination, or referral for prosecution. Employees violating this policy
may also be required to participate in a drug or alcohol abuse assistance or
rehabilitation program.
(5)
Employees, students, volunteers, and visitors who violate this policy may be
prohibited from accessing university premises, services, programs or events
under university policy 3356-7-45, "Persona
non grata"
(rule
3356-745 of the Administrative Code).
