Human Resources

Alcohol / Drug Policy

Section: Human Resources Policies
Policy Name: Alcohol / Drug Policy
Policy Owner: Executive Vice President
Responsible University Office: Office of Human Resources
Origination Date: August 1996
Revisions: February 1998; September 22, 2003; July 2016
Legacy Policy Number:  4-16
  1. SCOPE OF POLICYThis policy applies to all employees and addresses the University’s prohibitions related to alcohol and drugs and a treatment program for employees whose performance is adversely affected by alcohol or drug abuse/use. This policy implements the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act (34 C.F.R. Part 86).
  2. POLICY STATEMENTThe University is committed to encouraging and maintaining an academic and work environment that sustains the operation of the University, that respects individual freedom and that promotes the health, safety, and welfare of all members of the community. The University strives to meet this commitment through prevention and awareness programs. When a University employee’s performance is adversely affected by the use/abuse of alcohol and/or drugs, it is the policy of the University to assist, whenever possible, in the rehabilitation of that employee.
  3. POLICY STANDARDS AND PROCEDURES
    1. Prohibitions.  On all University premises and/or property, and as part of all University activities and business, all employees are prohibited from engaging in:
      1. The unlawful manufacture, use, possession, sale, dispensation or distribution of illegal drugs or other controlled substances for non-medical or non-research reasons; and
      2. The illegal possession, use, or distribution of alcohol, drugs, or drug paraphernalia.
    2. Events where alcohol will be served. Unit heads have the authority and responsibility to govern the use of alcohol in areas that they control, to approve or disapprove of events where alcohol will be served, and to ensure that only legal age individuals have access to such alcohol. See UD Policy on Alcohol Consumption on Campus.
    3. Mandatory Reporting of Conviction. Employees must notify the University of any Drug Conviction resulting from violation at the workplace no later than five days after such conviction.
    4. Discipline for Policy Violation. As a condition of employment, employees must abide by the terms of this policy. Any employee found in violation of this policy may be disciplined, up to and including termination of employment, and/or required to participate in a University program through HMS, a Health Advocate Company, through the State of Delaware.
    5. Education Programs
      1. The University of Delaware has established a drug-free awareness program to inform employees about:
        1. the University’s policy of maintaining a drug-free workplace through distribution of this policy to all employees;
        2. the availability of drug counseling, rehabilitation, and employee assistance programs to help employees whose work performance has been hindered by substance abuse.
    6. Rehabilitation Program
      1. Employees with alcohol and/or drug problem are strongly encouraged to discuss the matter with their supervisors, in order that assistance may be provided towards the goal of recovery and continued employability.
      2. When it appears that an employee’s job performance is adversely affected by the use of alcohol and/or drugs, the Chief Human Resources Officer shall conduct an investigation to determine if there are sufficient job performance problems to indicate that corrective action is required.
      3. When the Chief Human Resources Officer is satisfied from the investigation that corrective action is required with respect to an employee, he or she shall:
        1. Arrange one or more conferences among the employee, the Chief Human Resources Officer, the employee’s supervisor, and unit head to discuss the employee’s problems and the kinds of assistance that are available;
        2. If in the opinion of the Chief Human Resources Officer, the employee’s supervisor, and the unit head, the employee’s performance issues are the result of alcohol or drug abuse, the employee shall successfully complete a counseling and treatment program recommended by a professional counselor through a University program created by HMS, a Health Advocate Company, through the State of Delaware;
        3. The employee may be placed on leave status. Where applicable, the employee shall utilize accumulated sick leave, earned or accrued vacation days, or approved vacation days to maintain his or her pay;
        4. If employee demonstrates adequate evidence of rehabilitation, the employee shall be permitted to return to his or her position of employment, with the understanding that a recurrence of alcohol/drug problems such as to affect job performance may be cause for termination in accordance with established University procedures.