10. Drugs and Alcohol in the Workplace
D.10.01 Definitions: [These definitions apply to this subsection 10.]
"In the workplace" means in the facilities or on the grounds of any facility owned or controlled by LSCS, in a college vehicle, or as part of any college activity.
"Proper medical authorization" means a prescription or other written approval from a physician, for the use of a drug in the course of medical treatment.
"Unauthorized drugs" refers to any drug that cannot be obtained legally or has been illegally obtained, including prescription drugs obtained without a prescription, over-the-counter drugs that are not used as instructed, and drugs represented to be illegal.
"Under the influence" or "Impaired" means abnormal behavior in the workplace which results from indulging in alcohol or in any controlled substance or other drug which may limit an employee's ability to safely and efficiently perform his or her duties or poses a threat to the safety of the employee, other employees, the public or property.
"Off-the-job" illegal drug activity or alcohol abuse that has an adverse effect on the employee's performance or that could jeopardize the safety of others, System equipment, or the System's relations with the public, may subject the employee to disciplinary action up to, and including, discharge.
"Reasonable suspicion" means a conclusion based on personal observation of a specific objective instance, or instances, of employee conduct. Observation must be subject to corroboration and documented in writing that an employee is unable to satisfactorily perform his or her job duties due to the use of drugs or alcohol. Such inability to perform may include, but is not limited to, a drop in the employee's performance level or an indication of impaired judgment, reasoning, and level of attention or behavioral change or decreased ability of the senses.
D.10.02 Alcohol and Drug Free Workplace:
As part of the commitment to the provision of high quality and effective service to our students, employees, and the public we serve, LSCS strives to provide an alcohol and drug free workplace and learning environment. Toward that end, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or unauthorized drug, or the unauthorized possession and use of alcohol are prohibited in and on property owned and controlled by the System.
D.10.03 Alcoholic Beverages at College System Events and Activities:
Unless authorized by Board Policy or by a decision of the Chancellor and Location Executive Officer regarding a special event, employees are not to use, serve, sell, or consume alcoholic beverages on property owned or controlled by LSCS. Wine shall be permitted for special events with the approval of the LEO.
The following guidelines are provided for all LSCS employees:
a. Employees who serve as student or employee organization sponsors are to ensure that any organizational activities conducted on- or off-campus that include alcoholic beverages are conducted in compliance with Texas law, ensuring that:
i. Minors are not served or sold alcoholic beverages;
ii. Excessive and/or rapid consumption of alcoholic beverages is discouraged; and
iii. Alcoholic beverages are not used as prizes or awards in connection with sponsored events or activities.
b. For reasons of health, productivity, and safety, it is recommended that employees not consume alcohol during the work hours, unless participating in a social function, such as a dinner or a reception.
c. The public display of advertising or promotion of the use of alcoholic beverages in System buildings or any other public campus area is prohibited.
d. Advertising of alcoholic beverages shall not appear in System controlled or affiliated publications, including the System's affiliated websites. However, the Board of Student Publications or other editorial board established pursuant to the Board Policy on Student Publications is not subject to this portion of the policy and may continue to make independent decisions about the advertising for the publication.
e. Advertising of establishments that sell alcohol may appear in various publications of the System, if the advertisements:
i. exclude brand names, logos, prices, visual images, or verbal phrases that promote or encourage the consumption of alcoholic beverages;
ii. do not encourage any form of alcohol abuse, such as ads that encourage rapid and excessive consumption of alcohol; and
iii. Includes a statement about responsible drinking.
D.10.04 Employee Who Appears to be Under the Influence on the Job:
Any employee whose on the job conduct provides a reasonable suspicion that he or she is under the influence of drugs or alcohol may be questioned by his or her supervisor about the influence of drugs or alcohol on his or her conduct. Prior to requiring an employee to leave the campus or taking other disciplinary action when the supervisor has a reasonable suspicion that the employee is under the influence of drugs or alcohol, the supervisor should contact his or her immediate supervisor and Human Resources for consultation.
If the employee admits to being under the influence of drugs or alcohol, or if the effects of authorized drug use, unauthorized drug use, or alcohol consumption poses a threat to the safety of the employee, co-workers or the public, or if the effects are disruptive to the work or learning environment or substantially impact the employee's ability to perform his or her job, the employee may be required to leave the work place. The supervisor imust take reasonable action to avoid the employee from driving himself or herself home.
If the employee denies that he or she is under the influence of drugs or alcohol, yet the conduct provides a reasonable basis to believe that he or she is, the employee may be required by the supervisor, after consultation with an administrator and Human Resources, to report to a designated medical facility for drug or alcohol testing. Refusal to consent to a required medical test and/or a drug or alcohol screening shall constitute a violation of this policy.
An employee may be subject to serious discipline, up to and including discharge of employment, for violation of this policy. An employee with a drug or alcohol problem may, at the System's discretion, be provided an opportunity to complete an appropriate rehabilitation or therapy program at the employee's sole expense, before returning to work or before disciplinary action is imposed.
D.10.05 Report of Conviction for Drug Related Offense:
As a further condition of employment, an employee shall notify his or her supervisor of any conviction for a drug related offense no later than five (5) days after such arrest/conviction. Failure to give this notification may result in disciplinary action, up to and including termination.
A supervisor who is so advised by an employee is to seek advice from the Human Resources Department, before acting in response to the information.
Within ten (10) days of receiving notice that an employee engaged in the performance of a federal contract has been convicted for a violation occurring in the workplace, the System shall provide information about the conviction to any federal contracting agency.
Within thirty (30) days of receiving notice from any source of a conviction for any drug statute violation occurring in the workplace, the System shall either (1) take appropriate personnel action against the employee, up to and including discharge of employment; or (2) require the employee to participate satisfactorily in a drug and alcohol abuse assistance or rehabilitation program.
D.10.06 Assistance to Employees:
Sick leave, vacation leave and compensatory time may be used during the time that an employee is participating in a rehabilitation program. Leave without pay may be allowed, at the discretion of the System, for those employees who have insufficient sick or vacation leave accrued.
D.10.07 Special Provision:
Any police personnel, who are required to be in possession of alcohol or drugs in the course and scope of their employment, will be exempt from the provisions of this policy pertaining to possession of alcohol and/or drugs in the workplace. Specific guidelines will be established by the College Police Department for these special circumstances.
D.10.08 Distribution of Policy:
The System shall include the complete drug and alcohol policy in its electronic version of the policy manual.
The System shall distribute a summary of the drug and alcohol policy to employees by posting it in the required reading section of the on-line policy manual, including the policy for all new employees, and sending it by electronic mail.