Drug and Alcohol Free Workplace
Seton Hall University is committed to protecting the safety, health and well-being of all employees and individuals in our workplace. As a residential community with a significant number of individuals under the age of 21 residing on our campus, we have an even stronger commitment to insuring that our community is free of illegal drugs and alcohol. We recognize that alcohol abuse and illegal use of drugs poses a significant threat to our mission. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol- and drug-free environment.
This policy applies to all University employees (as defined below) during all working hours and when conducting business or representing the University on and off-campus.
Controlled substances are listed in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and are further defined in regulation 21 CFR 1308.11-1308.15.
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 and alcohol statutes.
For purposes of this policy, any employee who performs services for Seton Hall University whether on a regular full-time or part-time basis, also including, but not limited to, work-study employees, regular student employees, interns, practicum students, graduate and teaching assistants and contractors.
An Employee Assistance Program provided by an outside vendor designed to confidentially assist employees and their families with alcohol, drug, emotional, family, financial, marital, or personal problems.
It is the policy of Seton Hall University to maintain, to the extent possible, a secure work environment that is free from the effects of employees under the influence of unlawful drugs or abuse of alcoholic beverages. The illegal manufacture, possession, distribution, purchase, sale or use of prescription drugs and controlled substances or the unauthorized use of alcohol on University premises or while on University business is strictly prohibited. Reporting to work under the influence of alcohol, illegal drugs and illegal use of prescription drugs is also prohibited.
The use of alcoholic beverages is regulated primarily by the State of New Jersey. The possession and use of any of the regulated beverages by employees must be in compliance with state law and University policy. Alcoholic beverages may only be consumed by those persons over the age of 21 on campus in areas designated for officially sanctioned or authorized campus events, such as alumni reunion events. Requests for program authorization must be obtained in advance. Employees are expected to comply with state law regarding the consumption and possession of alcoholic beverages and to exercise good judgment when using alcoholic beverages.
The University fully subscribes to the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. In compliance with these Acts, University employees are hereby notified of the serious dangers associated with drug use in the workplace.
One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, he or she will be subject to disciplinary action up to and including termination of employment. As a condition of continued employment, an individual may be required to participate in a drug abuse assistance or rehabilitation program. An employee required to enter such a program who fails to successfully complete it and/or repeatedly violates the policy may be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems.
- Offers of employment to new employees will be contingent upon their signing a copy of this policy certificating that they agree to abide by the terms of this Drug and Alcohol-Free Workplace Policy. The signed certification letter must be returned to the Department of Human Resources within ten (10) days of receipt and will be retained in the employee’s personnel file.
Students should refer to the Seton Hall Student Handbook for information on the application of this policy.
- To emphasize the importance of this policy, every employee will be notified of this policy annually.
- Any employee or work-study student convicted of violating a criminal drug statute must inform the Associate Vice President for Human Resources or the Dean of Students of such conviction in writing (as defined above) within five (5) days of conviction Failure to notify the Associate Vice President for Human Resources or the Dean of Students may result in termination of employment.
- Within thirty (30) days of receiving notice of the conviction, the Associate Vice President for Human Resources or the appropriate campus administrator may impose sanctions or remedial measures on the employee or student worker.
- Violations of local ordinances or of state or federal laws regarding controlled and/or dangerous substances, including alcohol, by members of the University community may result in University disciplinary actions regardless of where such violations occur.
- An employee who has self-disclosed a problem with alcohol or other drugs may be referred to EAP or Counseling Services as appropriate. Such disclosure will not excuse any inappropriate behavior in the workplace relating to drug or alcohol use or abuse.
- An employee who suspects that another employee may be impaired and not able to perform his/her job duties and responsibilities is encouraged to immediately notify a manager/supervisor/department chair.
- The signs that may indicate substance abuse include, but are not limited to, behavioral changes, absenteeism/lateness or impaired job performance. More specific behaviors which may indicate a lack of fitness for duty include lethargy, slurred or incoherent speech, or speech which differs from the employee’s usual pattern, unusual odor on breath, and/or accidents.
- Managers/supervisors/department chairs should not automatically assume that certain behaviors are the result of drugs or alcohol. They should immediately report unusual behavior or circumstances to the Department of Human Resources.
- Managers/supervisors/department chairs are responsible for administering this policy according to the regulations and procedures identified herein. In addition, they are responsible for reinforcing an employee’s understanding of the fitness for duty requirement and for administering this policy in a fair, uniform and consistent manner.
Education and Training
To protect the vast majority of employees who do not misuse drugs or alcohol and to insure that the University’s interests are properly safeguarded, a program, which includes awareness, training, communication, and employee assistance, will be conducted periodically.
The University recognizes drug abuse as a potential health, safety, and security problem. To assist employees or students in overcoming drug and alcohol abuse problems and/or to inform employees and students about the dangers of drug and alcohol abuse in the workplace, the University offers programs and resources to all employees. For information about any of the following, faculty/staff should contact the Department of Human Resources and students should contact the Division of Student Affairs:
- Medical benefits for substance-abuse treatment
- Community resources for assessment and treatment
- Counseling and educational programs/resources of the University
- Employee Assistance Program (EAP)
Employees or students who seek treatment for their drug and/or alcohol disorder will be treated confidentiality to the extent possible.
Implementation and Responsibilities
The Associate Vice President for Human Resources will be responsible for implementing and monitoring the Seton Hall University Drug and Alcohol Free Workplace Policy. When there are known incidents or reason to believe that the University’s policy on substance abuse has been violated, details concerning such incidents and the individuals involved must be immediately reported to the Associate Vice President for Human Resources or the Dean of Students.
It is also the responsibility of all Vice Presidents, Deans, Directors, and Department Chairs to ensure that this policy is communicated and implemented throughout the University to all employees and students.
The University reserves the right to offer employees or students convicted of violating a criminal drug statute in the workplace, participation in an approved rehabilitation or drug abuse assistance program as an alternative to, or concurrent with, disciplinary action.
Within thirty (30) days after receiving notice that an employee or student has been convicted of violating a criminal drug statute in this workplace, the following sanctions or remedial measures will be imposed upon that employee or student:
- Taking whatever necessary and appropriate corrective action against such an employee or student, up to and including termination of employment for employees and in the case of a students, whatever action the Division of Student Affairs deems appropriate;
- Requiring such employee or work-study student to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency;
- During and after participation in the assistance program, the employee or student will be required to maintain an alcohol and/or drug-free status in order to remain employed. The Division of Student Affairs will monitor students’ participation and take whatever actions may be necessary.
It is the goal of Seton Hall University to provide a safe, productive work environment for our students and employees. On-going compliance with this policy statement is required by all. Failure to comply with this law may result in suspension of all federal grant funding and suspension or debarment from future funding for Seton Hall University. USCS 11145g.
The Department of Human Resources will periodically review this policy and:
- Determine its effectiveness and implement changes if they are needed;
- Ensure that the sanctions herein developed are consistently enforced.
The University reserves the right to amend this policy at any time.
This policy was amended and approved by Monsignor Robert Sheeran, President, upon the recommendation of the Executive Cabinet on October 29, 2009.
October 29, 2009