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Drug Free Workplace

The College of William and Mary strives to maintain a safe, healthy and efficient work place free from drug and alcohol abuse. The College complies with all federal and state regulations pertaining to the abuse of controlled substances including the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act of 1989 and the Department of Human Resource Management's Policy Number 1.05 - Alcohol and Other Drugs.

The Drug-Free Schools and Communities Act of 1989 and the U.S. Department of Education's supporting regulations require that the College provide all employees written notice regarding: The standards of conduct that prohibit unlawful possession, use or distribution of illicit drugs and alcohol;

  • A list of applicable legal sanctions;
  • A description of the health risks associated with abuse of alcohol or use of illicit drugs;
  • A list of resources for counseling, treatment and rehabilitation from drug and alcohol abuse; and,
  • A clear statement that the College will impose disciplinary sanctions for violations of the Standards of Conduct.

The federal Drug-Free Workplace Act requires that the College inform employees that the unlawful manufacture, distribution, possession or use of a controlled substance is prohibited in the workplace. The workplace consists of any state-owned or college-owned controlled or leased property, or the site where state work or college work is performed. Additionally, drunken or disorderly behaviors on property owned or controlled by the College, or at functions sponsored or supervised by the College, are prohibited.

Any employee who violates these prohibitions will be subject to disciplinary action up to and including discharge, and/or required to satisfactorily participate in a drug abuse assistance or rehabilitation program at the discretion of management. As a condition of employment, each employee must abide by the terms of this prohibition and notify his/her supervisor of any criminal drug statute conviction no later than five days after such conviction. The College wishes to provide all reasonable assistance to faculty and staff in dealing with alcohol and drug problems. Disciplinary sanctions will occur only after an individual is offered an opportunity to correct and fails to effectively deal with his/her problem or where the employee has committed a serious violation of College policy or Federal/State law.

Specific acts subject to disciplinary action include:

  1. The unlawful or unauthorized manufacture, distribution, dispensation, possession or use of alcohol or illicit drugs in the workplace, on the grounds of the College, or as part of any College activity
  2. Reporting to or remaining at work impaired by or under the influence of alcohol or illicit drugs
  3. An action which results in a criminal convictions for
    1. A violation of any criminal drug law, based on conduct occurring either on or off the workplace, and
    2. A violation of any alcoholic beverage control law, or law that governs driving while intoxicated, for conduct occurring in the workplace.
  4. The failure to report to the supervisor, in writing, that the employee was convicted of any offense as defined in item 3 above, within five (5) calendar days of the conviction.

Employees who commit the above offenses are subject to disciplinary action up to and including discharge and participation in a drug abuse assistance or rehabilitation program at the discretion of management. Information regarding an employee's enrollment in an alcohol and or drug rehabilitation program shall only be disclosed with the employee's permission or when the agency determines that disclosure is necessary. Faculty sanctions for such violations shall be in accordance to the rules specific in the Faculty Handbook (pdf) - Section III. F. Allegations of Violations of Policy. Classified and University employee sanctions for such violations shall be in accordance to the Department of Human Resource Management's Policy Number 1.60 - Standards of Conduc (pdf).

The following are resources for notification and information related to this issue:

  • Department of Human Resource Management's Policy Number 1.05 - Alcohol and Other Drugs
  • The Employee Assistance Program (EAP) provides confidential information and services on counseling, treatment, and rehabilitation programs for employees. EAP also provides confidential assistance to supervisors who must confront employees with personal problems that affect the work environment. Contact EAP at ValueOptions Behavioral Health and Employee Assistance Program at 1-866-725-0602 or www.achievesolutions.net/covacare.

On the College's Human Resources website, you can find additional resources through the WorkLife pages:

  1. DEA Drug Fact Sheets
  2. Federal Trafficking Penalties
  3. Virginia Drug Penalties (pdf)

As members of the College community, our common objective is to maintain a work environment free from the adverse effects of alcohol and drugs. For the College to remain in compliance, and as a condition of employment, employees must abide by the terms of these policies.