2.1 Wheeling Jesuit University strives to maintain a drug and alcohol free workplace and prevent the unlawful possession, use, or distribution of drugs and alcohol by students and employees on campus and in the workplace. The University prohibits the unlawful manufacture, distribution, dispensation, possession or use of any controlled substance on University property and at all University functions and programs, whether on or off campus.
2.2.1 "Workplace" - Any site for the performance of work done in connection with a specific federal grant or contract as described within the Act as well as any off-site activity either sponsored by the University or in which the University is participating.
2.2.2 "Alcohol" - Generally focused on "intoxicating beverages" with the exact definition of "intoxicating" varying from state to state. In West Virginia it is a blood alcohol absorption level in excess of 0.08.
2.2.3 "Controlled Substances" - Defined in Schedule I through V of the Act and includes any drug whose production, possession, importation and distribution has been declared by the Controlled Substance Act to be illegal for sale or use except but those that may be dispensed under a physician's prescription.
2.2.4 "Drugs" - Shall be defined as those outlined in the Controlled Substance Act.
2.2.5 "Illegal Drugs" - Shall be defined as drugs that are unlawful to possess, manufacture, sell, or use.
2.2.6 "Conviction" - Shall include a finding of guilt, including a plea of nolo contendere, imposition of sentence, or both by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
2.2.7 "Physician Prescription" - Authorization by a physician licensed within the state to disperse drugs and medication, the use of which is assigned to one (1) individual specifically named on the prescription.
2.3.1 It is the responsibility of the Human Resources Department to ensure that all new employees are informed of this policy upon entrance to the University and annually thereafter. All employees are required to abide by its terms as a condition of employment.
2.3.2 It is the responsibility of the Dean for Student Development, or his / her designee, to insure that all incoming students are informed of this policy upon admittance to the University and annually thereafter.
2.4 Notice of Conviction and Sanctions
2.4.1 Employees who violate this policy, while on campus as well as any place where a University employee works or performs work activities as well as sponsored activities and events both on and off campus, including satellite work sites, either during assigned work hours or after, will be evaluated on a case by case basis and may be subjected to satisfactory completion of an assessment / rehabilitation program, disciplinary action up to and including termination per the University's Corrective Discipline policy, and referral for prosecution. The Human Resources Department will report all subsequent convictions to the appropriate federal funding agency within five (5) days of receiving such notification.
2.4.2 Employees are required to notify the Human Resource Department of any drug-related criminal convictions for violations occurring outside the workplace no later than five (5) days following the conviction. Employees will be evaluated on a case by case basis and may be subjected to satisfactory completion of an assessment / rehabilitation program and/or disciplinary action up to and including termination. The Human Resources Department will report the
conviction to the appropriate federal funding agency as required.
2.4.3 Students who violate this policy will have a record of the offense forwarded to the Dean of Student Development or his / her designee. Students who violate any other external drug and alcohol laws will be governed by the student handbook on a case by case basis and subjected to possible satisfactory completion of an assessment /
rehabilitation program, referral for prosecution, and possible disciplinary action up to an including expulsion.
2.4.4 Both the Division of Student Development and the Human Resource Department will be responsible for ensuring that all sanctions against students and employees are issued within thirty (30) days of receipt of notice. Both offices are ultimately responsible for ensuring adherence to this Policy. An annual review of this Policy to determine effectiveness, revisions, and consistency will be completed by a committee convened by the University's Compliance Team. A report of the Committee's finding, including recommendations, will be forwarded to both offices.
2.5 Legal Sanctions
Local and federal laws prohibit the unlawful use, manufacture, possession, control, sale and distribution of any illegal narcotic or dangerous drugs. These laws carry penalties for violations, including monetary fines and imprisonment. Employees may be subject to employment sanctions per the University's Corrective Discipline Policy and criminal sanctions per federal, state, and local statutes.
2.6 Health Risk
The risks associated with the abuse of drugs or alcohol are numerous and includes physical and mental impairment and effect on an employee's professional and personal life. Abuse of drugs or alcohol can negatively impact job performance and attendance and can jeopardize continued employment. Drug or alcohol use can create a health risk for the user, and a safety risk for the user, co-workers, and other members of our community.
2.7 Avoidance and Assistance
Wheeling Jesuit University maintains a drug and alcohol abuse prevention program and offers, to all students and employees, the opportunity for education, counseling, and referrals for those with alcohol and drug-related concerns and issues. Information on the possible health effects or drug and alcohol use, referrals, rehabilitation services, and sanctions is distributed annually to every student and employee and is available in the Student Wellness Center, the Counseling Center, and the Human Resource Department. The University provides access to an Employee Assistance Program (EAP) free of charge to employees and members of their families; information can be obtained in Human Resources and all contact with the EAP is confidential.