4.10 - Drug and Alcohol-Free Workplace Policy

: Human Resources
: President
: 09/20/2018
: 09/20/2018
: 09/20/2019
Comment on Policy

4.10.1 - AUDIENCE

All University employees.


The purpose of this Policy is to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol in the workplace.


Alcohol or Alcoholic Beverage: any liquid suitable for drinking by human beings, except prescription drugs or over-the-counter medications, which contains one-half of one percent or more of alcohol by volume.

Controlled Substance: a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of the Controlled Substances Act (21 U.S.C. 801 et seq., as amended).

Conviction: means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

Criminal Drug Statute: means a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

4.10.4 - THE POLICY

Thomas More University is committed to maintaining a safe and healthful work environment.  Additionally, the University has an obligation to conduct its operations in a safe and efficient manner. In compliance with the Drug Free Workplace Act of 1988 and to ensure the safety and health of the University’s employees and the security of University property, the use, being under the influence, sale, possession, distribution, purchase, or actual or attempted manufacture of illegal drugs, controlled substances, or alcohol while on campus or at University sponsored events will result in disciplinary action on the first offense up to and including termination.  In addition to University sanctions, the affected individual may be subject to criminal penalties under applicable federal and state law.

The moderate consumption of alcoholic beverages is permitted where the use of alcohol is approved by the President (or the President’s designee) for a University-sponsored event, both on and off the University campus.

The use or possession of alcohol for academic or research purposes must be approved by the Provost. 

Possession of paraphernalia used in connection with any drug, alcohol or substance subject to this rule shall be evidence of violation of this rule.

Employees are also prohibited from reporting to work under the influence of any drugs or substance of whatever type, including legally prescribed prescription medications, that in any way impairs their ability to perform their job or impairs their motor functions. 

Thomas More University reserves the right to require employees to take drug or alcohol tests where there is a reasonable suspicion that the Policy has been violated or after a work-related injury.  Also, the University reserves the right to search work areas, packages, the employee, and the employee's possessions on University property when there is a reasonable suspicion that the Policy has been violated.  Refusal to cooperate with the foregoing will constitute an independent violation of this Policy.

Failure to submit to a drug and/or alcohol screen or tampering with a sample will result in a disciplinary action up to and including immediate dismissal.

All employees who have been arrested or convicted of any violation of any criminal drug-related statute are required to report such arrest or conviction within five days of such arrest or conviction.  Failure to report any arrest or conviction is a violation of this Policy and may result in disciplinary action up to and including discharge.  The employee’s immediate supervisor is responsible for immediately notifying Human Resources, who will then notify all affected federal agencies within 10 days of receiving notice of the conviction in compliance with 34 CFR §84.225(a).


Not Applicable.


Members of Thomas More University must report any suspected violations of this Policy to an immediate supervisor or the Director of Human Resources.  Those who report violations in good faith and in an appropriate manner, whether or not further investigation substantiates the claim, will be free from retaliation in any form.  The identity of the reporter will be protected, within legal limits, and those who retaliate against them will be disciplined.  All reported violations will be investigated promptly.

Alcohol and drug prevention activities are coordinated through the Campus Counseling/Campus Health Office.  Employees can obtain information concerning drug and alcohol counseling as well as treatment and rehabilitation resources.


4.10.8 - HISTORY

This is a new policy, replacing language in the Staff Manual (May 2014).

4.10.9 - APPENDIX

There are no appendices to this Policy.

4.10.10 - APPROVALS

Laura Custer, Director of Human Resources

Dr. Kathleen Jagger, Acting President