Human Resources on the Stockton campus is responsible for establishing and overseeing the application of this Alcohol and Drug-Free Workplace Policy. Human Resources on the Stockton campus, at the Arthur A. Dugoni School of Dentistry, and at the Pacific McGeorge School of Law are responsible for administering this Policy on each campus of the University, respectively. In case of doubt as to which Human Resources Department is responsible, please contact Human Resources on the Stockton campus.
University of the Pacific is committed to protecting the safety, health and well being of all employees and other individuals in our workplace. We recognize that College and University campuses may be particularly vulnerable to alcohol and drug abuse which poses a significant threat to our goals. As members of the Pacific community, we must share in the work of solving this problem. We have established an alcohol and drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment.
The following is a summary of University of the Pacific’s policies, procedures and programs relating to the use of alcohol and other drugs on our campuses. This information is sent to you annually as a requirement of the Drug-Free Schools and Campuses Act of 1990, and the Drug-Free Workplace Act of 1990. Universities that receive federal/state funds in any form are required to comply with the above acts. In general, we support the following approach to alcohol and other drugs:
Should you have any questions, please call the appropriate Human Resources Department.
An individual who conducts business for the University, is applying for a position or is conducting business on the University’s property is covered by the Alcohol and Drug-free Workplace Policy. The policy includes, but is not limited to full-time employees, faculty, part-time employees, off-site employees, temp-casual employees, student employees, graduate assistants, contractors, volunteers, and applicants.
The Alcohol and Drug-Free Workplace Policy is intended to apply whenever anyone is representing or conducting business for the University. Therefore, this policy applies during all working hours, whenever conducting business or representing the University, while on call and paid standby, while on University property and at University-sponsored events.
It is a violation of the Alcohol and Drug-Free Workplace Policy to use, manufacture, possess, solicit, trade, and/or offer for sale alcohol, illegal drugs or intoxicants.
The use of alcohol is strictly prohibited under any circumstance where impairment would impact the delivery of care or present a safety concern to include, but not limited to clinic environments, patient care or public safety.
Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician’s prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee’s responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor, notify Human Resources) to avoid unsafe workplace practices.
The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of the Alcohol and Drug-Free Workplace Policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken if job performance deterioration and/or other accidents occur.
Any employee who is convicted of a criminal drug violation in the workplace must notify the University in writing within five calendar days of the conviction. The University will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate.
To ensure that accuracy and fairness of the testing program, all testing will be conducted by medical personnel, and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician’s prescription, for the positive result; and a documented chain of custody.
Applicants for administrator or staff designations, as a condition of employment, will be required to participate in pre-employment testing. All employees, as a condition of employment, will be required to participate in post-accident, reasonable suspicion, return-to-duty and follow-up testing upon selection or request of management. Please see below as to when these types of testing may apply.
All drug/alcohol-testing information will be maintained in separate confidential files.
All substances that will be tested for include, but are not limited to: Amphetamines, Cannabinoids (THC), Cocaine, Opiates, Phencyclidine (PCP), Alcohol, Barbiturates, Benzodiazepines, Methaqualone, Methadone and Propoxyphene.
Testing for the presence of alcohol will be conducted by either analysis of breath, urine, hair and/or blood.
Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine.
Any employee who tests positive will be immediately removed from duty and may be subject to disciplinary action up to and including demotion, suspension, or termination.
An employee or applicant will be subject to the same consequences of a positive test if he/she refuses the screening or the test or refuses to cooperate in the testing process in such a way that prevents completion of the test.
One of the goals of the alcohol and 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, the consequences are serious.
If an applicant tests positive for drugs and/or alcohol and the applicant is unable to provide a reasonable explanation for the result, the University will withdraw the offer of employment. The applicant may not reapply.
If an employee violates the policy, he or she may be subject to disciplinary action up to and including demotion, suspension, or termination. The University, in its discretion, may choose not to terminate an employee, and in such event, the University, in addition to any disciplinary action may refer the employee to a treatment and/or counseling program for substance abuse.
Staff challenging the imposition of such sanctions may appeal through the Grievance Procedure as outlined in the University of the Pacific Staff Handbook, and, if applicable, through processes provided by union contracts. A copy of the Staff Handbook can be obtained from the Department of Human Resources. The appeal process for faculty is outlined in the Faculty Handbook.
Following a violation of the Alcohol and Drug-Free Workplace Policy, an employee may be offered an opportunity to participate in rehabilitation. In such cases, the employee must sign and abide by the terms set forth in a Return-to-Work Agreement as a condition of continued employment.
The University recognizes that alcohol and drug abuse and addiction are treatable illnesses. The University also realizes that early intervention and support improve the success of rehabilitation. To support all employees, the Alcohol and Drug-Free Workplace Policy:
Treatment for alcoholism and/or drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee.
All information received by the University through the alcohol and drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.
A safe and productive alcohol and drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. It is the responsibility of every staff member to report incidents involving infractions of federal, state and local drug and alcohol laws on campus or at officially sponsored off-campus activities to the appropriate Director of Human Resources and the Assistant Vice President for Human Resources.
All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on- or off-duty use of alcohol or other drugs.
In addition, employees are encouraged to:
It is the supervisor’s responsibility to:
Communicating the Alcohol and Drug-free Workplace Policy to both supervisors and employees is critical. To ensure all employees are aware of their role in supporting the alcohol and drug-free workplace program:
All employees will receive a written or electronic copy of the policy.