UMGC Policy on a Drug and Alcohol-Free Workplace for Staff and Faculty Employees

(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017)

1. Purpose and Applicability

   This policy is intended to affirm the University of Maryland Global Campus (UMGC) commitment to maintain a safe and healthy drug and alcohol-free workplace for all employees, students and visitors, and to minimize the risk that illegal drugs and controlled substances pose to UMGC. This policy applies to Staff on Regular and Contingent Status, Faculty and Student employees. Nonexempt Staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.

   To the extent that federal, state or military law or regulations and/or host nation laws for Overseas employees are more stringent than the requirements of this policy, the applicable federal, state or military law or regulations and/or host nation law shall apply.

2. Prohibited Activities

   1. UMGC is committed to maintaining a drug and alcohol-free workplace that is compliant with applicable federal and state laws. The following are prohibited activities under this policy on all premises owned, operated or controlled by UMGC:

      1. The unlawful possession, use, distribution, dispensation, sale or manufacture of illegal controlled substances by employees;

      2. The use by employees of any prescription drug in a manner inconsistent with its medically prescribed, intended use, or under circumstances where such use is not permitted;

      3. Reporting to work or working under the influence of drugs or alcohol by employees; and

      4. Hiring anyone who is known to currently abuse drugs or alcohol who is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program.

   2. As a condition of UMGC employment, all employees must abide by the terms of this policy and are subject to drug and/or alcohol testing, upon a reasonable suspicion of violation of this policy, as set forth in the applicable procedures. Employees found to be in violation of this policy are engaged in serious misconduct and may be subject to appropriate disciplinary action according to the applicable procedures and/or required to participate in appropriate drug and/or alcohol abuse rehabilitation programs.

3. Administration

   1. Possible violations of the provisions of this policy shall be referred to the Chief Human Resources Officer (CHRO) or designee for investigation and when warranted, determination of appropriate administrative/disciplinary action, up to and including termination and, if warranted, referral for criminal prosecution.

   2. Any disciplinary actions imposed shall be consistent with the nature of the violation, and may include, but are not limited to, counseling, reprimand, suspension, demotions, denial of pay increment, denial of promotion, unsatisfactory performance evaluation, reassignment, termination, and/or employee assistance program (EAP) referral to an appropriate rehabilitation program. UMGC may make successful completion of a rehabilitation program a condition of continued employment for the employee.

   3. Employees working on a federal grant or contract must notify their supervisor or Department head of any criminal drug convictions in the workplace no later than five (5) days after such conviction. Within 10 days of the reported conviction, UMGC must provide written notice to any federal sponsor of grants or contracts on which the convicted employee was working.

   4. The President or designee may designate certain positions as "sensitive" and shall notify employees of such designation and provisions of this policy.

      1. Sensitive Positions include:

         1. Positions with significant degrees of responsibility for the safety of one or more persons where impaired performance could result in death or injury to the employee or one or more persons; and

         2. Positions, as determined by the President or designee in writing, for which impairment may result in significant harm to public safety or security, or present a threat to the health or safety of UMGC students, employees or visitors.

      2. Violations of this policy by persons employed in Sensitive Positions shall constitute willful misconduct and shall be deemed grounds for immediate removal of the employee from the duties of the position, pending further investigation.

      3. Employees occupying Sensitive Positions may be required to participate in pre-employment and/or random drug testing. The CHRO or designee shall maintain a list of those eligible for such testing and develop procedures on pre-employment and random drug testing for Sensitive Positions. The appropriate Administrator shall notify individually each employee in a Sensitive Position of such designation and provisions of this policy.

   5. Overseas Employees

      1. Overseas employees working pursuant to Department of Defense (DOD) military contracts must notify the CHRO or designee of any criminal drug convictions in the workplace as soon as possible but no later than five (5) days after such conviction. Upon receiving such notification, the appropriate process shall be followed in accordance with the DOD contract.

      2. Violations of this policy by employees receiving Individual Logistical Support (ILS) and/or military base access required by a DOD military contract shall constitute willful misconduct and shall be deemed grounds for immediate removal of the employee from the duties of the position, pending further investigation and in accordance with VII-1.22-GC – UMGC Policy on Separation for Exempt and Overseas Staff Employees.

      3. Violators of federal, state and/or host nation laws will be subject to any legal penalties and/or prosecution by the host nation law enforcement authorities, military authorities on base, and/or prosecution in the courts under federal of state law.

4. Notification and Review

   UMGC shall establish drug abuse awareness programs to promote the maintenance of a workplace free of alcohol and drug abuse and to inform employees about:

   1. The UMGC Drug and Alcohol-Free Workplace Policy and Procedures;

   2. The dangers of alcohol and drug abuse;

   3. Available counseling, rehabilitation, and employee assistance programs; and

   4. The consequences that may be imposed upon employees for violations of this policy.

Implementation Procedures

The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.

Replacement for:

• USM BOR VII-1.10: Policy on a Drug and Alcohol-Free Workplace for Employees

• UMGC OS 3.00: Policy on Substance Abuse