5.3.7 Drug–Free Workplace Policy and Related Laws
Nicholls State University is committed to a safe and drug–free campus for employees, students, and visitors. Therefore, the University is opposed to the use and abuse of alcohol and any other drug for any purpose other than legitimate use. Employees must adhere to this workplace policy as well as the Policy Regarding Alcohol, Drugs, and Tobacco Products detailed in the Code of Student Conduct. In conjunction with the National Drug–Free Workplace Act of 1988, all employees are notified that the illegal use, possession, dispensation, distribution, manufacture, or sale of controlled substances is prohibited when on official state business, whether on duty or on call for duty, on or off the work site. Failure to comply with this policy may result in disciplinary action up to and including termination. By law, it is the responsibility of all employees to notify Nicholls State University within five days if they are convicted of violating any criminal drug statute at the workplace, while on official state business or while on call for duty.
Nicholls State University prohibits unlawful manufacture, distribution, possession, and use of any narcotics, barbiturates, amphetamines, marijuana, or any other controlled substance as defined in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C.812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15. The University prohibits the unlawful use or sale of any alcoholic beverages and their possession or consumption in any form on the University campus except in those areas where the president or designee has authorized the serving or sale of legal beverages in accordance with the provisions of the state and local law and ordinances and prescribed University regulations.
Furthermore, the Drug–Free Schools and Communities Act Amendments of 1989, Public Law 101–226, require that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.
The 1990 Louisiana Legislature passed a bill which designates all state universities as drug–free school zones. This bill increases the criminal and civil penalties to deter the distribution, manufacture, sales and/or trafficking of illegal substances on or within a geographical perimeter around the University property. The drug–free zone includes all Nicholls property: main campus, athletic complex, John L. Guidry Stadium, farm and intramural fields.
Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.
Employees may be required to satisfactorily participate in an alcohol/drug abuse assistance program or rehabilitation program. Students, visitors, and employees are expected to adhere to all federal, state, and local laws.
5.3.7.1 Definitions
The 1986 Amendment of the Louisiana Criminal Code re–enacted R.S. 14:91.1, 91.2, and 91.5 to comply with the 23 U.S.C.158 concerning alcoholic beverages. In 1995 the Louisiana Criminal Code was amended as follows (excerpt):
For purposes of R.S. 14:93.10 through 93.14, the following definitions shall apply:
- “Purchase” means acquisition by the payment of money or other consideration. Purchase does not include such acquisition for medical purposes either when purchased as over the counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.
- “Public possession” means the possession of any alcoholic beverage for any reason, including consumption, on any street or highway or in any pubic place or any place open to the public, including a club which is de facto open to the public. “Public possession” does not include the following:
o The possession or consumption of any alcoholic beverage:
- For established religious purpose.
- When a person under twenty–one years of age is accompanied by a parent, or legal guardian twenty–one years of age or older.
- For medical purposes when purchased as an over the counter medication, or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.
- In private residences.
o The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under twenty–one years of age by a duly licensed manufacturer, wholesaler, or retailer of beverage alcohol.
- “Alcoholic beverage” means beer, distilled spirits, and wine containing one–half of one percent or more of alcohol by volume. Beer includes but is not limited to ale, lager, porter, stout, sake, and other similar fermented beverages brewed or produced from malt wholly or in part or from any substitute therefore. Distilled spirits include alcohol, ethanol, or spirits or wine in any form, including all dilutions and mixtures thereof from whatever process produced.
5.3.7.2 Employee Drug Testing Policy
On August 29, 1997, Governor Mike Foster signed Executive Order MJF 98–38, which created the Drug Testing Task Force for the purpose of recommending procedures for the implementation of four drug testing programs authorized, mandated and/or regulated by R. S. 49: 1015, as amended by Act Number 1194 of the 1997 Regular Session of the Louisiana Legislature, and by Act Numbers 1303 and 1459 of the 1997 Regular Session of the Legislature, which directs state agencies to develop and implement drug testing programs for public employees.
Louisiana Revised Statute 49:1001–1021 authorized Nicholls State University to proceed with drug testing of employees. The content of this policy is pursuant to this Statute and to the Drug–Free Schools and Communities Act of 1986, the Federal Drug–Free Workplace Act of 1988, the Drug–Free Public Housing Act of 1988, the Louisiana Drug Testing Act of 1990, the Omnibus Transportation Employee Drug Testing Act of 1991, the Federal Highway Administration procedures, Title 49 CFR and part 382 et al., LA Revised Statutes 23: 1081 and 1601, and Executive Order MJF 98–38.
5.3.7.2.1 Applicability
This policy shall apply to all employees of Nicholls State University, more specifically defined as:
- All current W–2 employees defined under Federal Law, whose job requires them to drive commercial motor vehicles.
- All current W–2 safety/sensitive employees, both classified and unclassified as defined under State Law, and those applying for safety/sensitive positions, and all other current W–2 employees, both classified and unclassified, will be subject to alcohol and controlled substance abuse testing on a random basis or for reasonable suspicion, post–accident investigation, and monitoring for rehabilitation.
- Prospective employees as a condition of hiring.
- Reasonable Suspicion
- Post Accident Investigation
- Rehabilitation Monitoring
- Pre–Employment
- Safety/Security sensitive positions and promotions/appointments to these positions
- Safety/Security sensitive positions – random testing
5.3.7.2.2 Conditions Requiring Drug Tests
5.3.7.2.3 Procedure
Drug testing, pursuant to this policy, shall be conducted for the presence of cannabinoids (marijuana), cocaine, opiates phencyclidine and amphetamines. Nicholls State University also reserves the right to test for the presence of any other illegal or controlled substance when there is reasonable suspicion to do so. The Director of Human Resources will be involved with all determinations and notifications dealing with drug testing, and will coordinate with the supervisor of the employee to be tested.
A certified provider chosen by Nicholls State University will perform testing services. The testing service shall assure:
- All specimen collection will be performed in accordance with applicable federal and state regulations and guidelines.
- Chain of custody will be strictly followed.
- A certified SAMSHA laboratory shall perform testing.
- All positive results shall be reported by the laboratory to a qualified Medical Review Officer (MRO).
5.3.7.2.4 Confidentiality
All information interviews, reports, statements, memoranda, and/or test results received by Nicholls State University through its drug testing program are confidential, pursuant to R.S. 49: 1012, and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in an administrative or disciplinary proceeding or hearing, or civil litigation where drug use by the individual is relevant.
Qualitative information regarding results, such as the identification of a substance, will be provided only to the designated MR07 who will report final results to the appropriate official. Results of the test will be released to the appropriate agency on a need–to–know basis. All drug–testing results will be maintained in a separate health file, with restricted access in accordance with Section 382.405.
5.3.7.2.5 Responsibility
- The President for overall compliance
- The Director of Human Resources for administering the program. All records will be housed and maintained in the Office of Human Resources
All supervisory personnel are responsible for assuring that all personnel under their supervision are made aware of the location within their department of the written drug–testing policy, signs a receipt form acknowledging receipt of pertinent information about the policy, and understands or is given the opportunity to understand and have questions answered about its contents.
5.3.7.2.6 Violation of the Policy
Violation of this policy, including refusal to submit to drug testing when properly notified to do so may result in: Termination of employment or other action.
