To: Vice Presidents, Chancellors, Deans, Directors, and Heads of Schools, Divisions, Departments, and Offices

RE: Alcohol- and Drug-Free Campus and Workplace Policy

Executive Memorandum No. C-44 sets forth Purdue UniversityÕs policy prohibiting alcohol misuse and the use of controlled substances and is effective 45 calendar days after the above-captioned date. This policy supersedes any prior oral or written policy of the University including, but not limited to, the Interim Drug Abuse Policy issued February 28, 1989, the Alcohol and Drug-Free Campus and Workplace Policies, effective September 1, 1990, and the Interim Policy for Drug and Alcohol Testing of Commercial Motor Vehicle Operators, effective January 1, 1995. The provisions of this policy are intended to comply with applicable local, state, and federal law including, but not limited to, the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989, the United States Constitution, the Indiana Constitution, and the Americans With Disabilities Act of 1990. This policy is subject to change at the sole discretion of the University.

1. General Policy Statement

   Purdue University is committed to providing students, faculty, staff, and visitors a safe and healthful campus and workplace. The University recognizes the health risks associated with controlled substance use and alcohol misuse and is committed to supporting students and employees who seek treatment for these conditions. The University also recognizes that controlled substance use and alcohol misuse diminish workplace and campus safety and undermine the UniversityÕs ability to fulfill its missions of education, research, and service. The University has therefore developed this Alcohol- and Drug-Free Campus and Workplace Policy. Compliance with this policy is considered a condition of employment and attendance at the University. All employees and students will be notified of this policy by publication.

2. Scope

   This policy applies to all students, employees, and invitees as defined in Section III below, except those regulated under federal or state drug laws to the extent that this policy conflicts with such laws.

3. Definitions

   Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol.

   Controlled substances (or "drugs") refers to any drug or substance whose use is legally prohibited including, but not limited to, marijuana (THC), cocaine, opiates, phencyclidine (PCP), amphetamines (including methamphetamines).

   Employee(s) means faculty, staff, or student employees.

   Invitee(s) means any person authorized by the University to engage in University-related activities on University premises including, but not limited to, independent contractors, consultants, volunteers, individuals employed by outside employment agencies, conference attendees, and persons taking or auditing educational programs.

   Student(s) means any person taking one or more classes for academic credit.

   University premises means any building, structure, vehicle, improved land, or unimproved land, in whole or part, which is owned, used, or occupied by the University.

   Workplace means any University premise or other location where an employee is engaged in University business.

4. Prohibited Conduct

   The following conduct is prohibited:

   1. Alcohol. Using, selling, manufacturing, distributing, possessing, storing, or dispensing alcohol on University premises, as part of any University-related activity, or in the workplace, except as authorized under University Regulations or otherwise by the University.

   2. Controlled Substances. Using, selling, manufacturing, distributing, possessing, storing, or dispensing controlled substances on University premises, as part of any University-related activities, or in the workplace, except as authorized under University Regulations or otherwise by the University.

   3. Employee Treatment Programs. Failing to meet the requirements of a drug or alcohol treatment program that the University requires an employee to complete as a condition of employment.

   4. Workplace Inspection. Interfering with a workplace inspection under this policy.

   5. Impaired Job Performance or Attendance. Alcohol misuse or controlled substance use, even though not during working hours or in the workplace, which impairs job performance or attendance.

   6. Testing Procedures. Failing any drug or alcohol test or engaging in any other conduct prohibited under the UniversityÕs drug or alcohol testing procedures.

   7. Prescription Drug Use.

      1. Being under the influence of legally prescribed drugs in the workplace that prevent an individual from performing the essential functions of his or her job or where that individual poses a direct threat while using those drugs.

      2. Inquiries regarding prescription drug use by employees are governed by the Americans With Disabilities Act of 1990, and therefore should be made only as authorized by the Department of Personnel Services.
         
         
   8. Other Misconduct. Any other conduct that the University determines to be inconsistent with providing a drug-free and alcohol-free campus and workplace.

5. Consequences of Engaging in Prohibited Conduct

1. Factors Relevant to Sanction or Corrective Action. The University will evaluate violations of this policy on a case-by-case basis. In determining the appropriate sanction or corrective action, the University may consider an individualÕs work or academic record, the seriousness of the violation, the safety-sensitivity of the individualÕs position, whether the individualÕs behavior violated the UniversityÕs Violence in the Workplace Policy, whether a sanction or corrective action is permissible under law including, without limitation, The Americans With Disabilities Act of 1990, and any other relevant factors.

2. Employee. Any employee who engages in prohibited conduct may be:

   1. Immediately removed from duty.

   2. Referred to the Employee Assistance Program.

   3. Required to complete successfully an alcohol or drug abuse treatment program as a condition of employment.

   4. Reported to authorities for criminal prosecution or other appropriate action.

   5. Disciplined, up to and including termination of employment.

   6. Subject to any other appropriate action by the University.
      
      
3. Invitee. Any invitee who engages in prohibited conduct may be barred from further work for the University or from participating in other University-related activities as may be permitted by law. Further, they may be reported to authorities for criminal prosecution or other appropriate action.

4. Student. Any student who engages in prohibited conduct may be:

   1. Referred to appropriate University personnel for assistance.

   2. Required to complete successfully a drug or alcohol abuse treatment program as a condition of University attendance.

   3. Reported to authorities for criminal prosecution or other appropriate action.

   4. Subject to disciplinary penalties under University Regulations.

   5. Subject to any other appropriate action by the University.

6. Workplace Inspections

   1. The University reserves the right to inspect the workplace for alcohol, controlled substances, or paraphernalia relating to alcohol or controlled substances and to question any employee when it reasonably suspects that this policy or any procedure under this policy has been violated.

   2. The University will prominently post the following notice in conspicuous places in the workplace:

      Purdue University reserves the right to inspect the workplace for alcohol, controlled substances, or paraphernalia relating to alcohol or controlled substances and to question any employee when the University reasonably suspects that its Alcohol- and Drug-Free Campus and Workplace Policy or any procedure under that policy has been violated.

   3. The decision to conduct a workplace inspection should be made jointly by the supervisor who believes the inspection would be appropriate under this policy and a representative of his or her campus personnel department. In all cases, the director of personnel services for the campus or his or her designee must authorize a workplace inspection.

   4. This section of the policy does not limit in any way the Purdue University Police DepartmentÕs right to conduct law enforcement activities including, but not limited to, questioning or searching any person or inspecting any University premises.

7. Controlled Substance and Alcohol Testing

   1. Commercial Motor Vehicle Drivers. Persons employed as commercial motor vehicle operators who are governed by Department of Transportation regulations are subject to drug and alcohol testing under procedures developed by the Department of Personnel Services.

   2. Defense Contracts. Department of Defense regulations require the University to establish programs to test employees and final applicants for illegal drug use if they will work in sensitive positions on Defense Department contracts. The University will determine appropriate tests based on the nature of the work being performed, the employeeÕs duties, the efficient use of University resources, and the risks to public health and safety and national security that could result if the employee fails to perform the duties of the position adequately.

   3. Intercollegiate Athletics. Student athletes who participate in intercollegiate sports will be subject to drug and alcohol testing under National Collegiate Athletic Association regulations in testing programs developed by the UniversityÕs Department of Intercollegiate Athletics.

   4. Employee Reasonable Suspicion Drug and Alcohol Testing. All employees of the University may be subject to reasonable suspicion drug and alcohol testing under procedures developed by the Department of Personnel Services and approved by the president of the University or his or her designee. These procedures must, at a minimum, provide that the decision to conduct reasonable suspicion testing will be made jointly by a supervisor who believes reasonable suspicion exists and a representative of his or her human resource service team. Further, in all cases, reasonable suspicion testing must be authorized by an appropriate University employee or other individual designated by the University who has been trained to recognize physical or behavioral symptoms commonly attributed to the use of drugs or alcohol.

   5. Public Safety Employees. Employees performing public safety duties may be subject to drug and alcohol testing procedures as authorized by the president of the University or his or her designee. This testing may include, but is not limited to, pre-employment testing, post-accident testing, return-to-duty testing, and follow-up testing.

8. Employee Self-Referral and Employee Assistance Program
   
   

   1. Self-Referral. Employees with alcohol or drug problems are strongly encouraged to voluntarily contact their family physicians or the UniversityÕs Employee Assistance Program for assistance. Employees may seek help without their supervisorÕs knowledge. Although voluntarily seeking assistance will not bar the University from treating the employee like other employees under this policy, the University will consider voluntary requests for help in determining any discipline to be imposed. The University will not assume any financial or other responsibility for drug or alcohol treatment except as may be provided by University benefits.

   2. Employee Assistance Program. The UniversityÕs Employee Assistance Program offers free, confidential services to employees with alcohol or drug problems, including:

      1. Information about the dangers of alcohol and drug use and the UniversityÕs Alcohol- and Drug-Free Campus and Workplace Policy;
         
         
      2. Assessment and evaluation;
         
         
      3. Referral to and information regarding public and private treatment programs;
         
         
      4. Services to families of employees with drug or alcohol problems; and
         
         
      5. Assistance with questions concerning insurance coverage.
         
         
9. Federal Contract or Grant Employees

Under the Drug-Free Workplace Act of 1988 and the Federal Acquisition Regulations System, in addition to the other requirements of this policy, an employee engaged in the performance of (1) a federal agency contract for procurement of property or services valued at $25,000 or more, or (2) a federal agency grant will notify his or her supervisor or department head if he or she is convicted under a criminal drug statute for conduct in the workplace no later than five calendar days after the conviction. The University will notify the federal contracting or granting agency within 10 calendar days after receiving notice of the conviction from the employee or otherwise receiving actual notice of the conviction.

10. Grievance Procedures

Any student or employee with a complaint relating to the application of this policy may seek redress through applicable University grievance policies and procedures. However, employee complaints challenging drug or alcohol test results must be resolved in accordance with the applicable testing procedure.

11. Confidentiality

The University will take reasonable measures to ensure individual privacy under this policy including, but not limited to, keeping all drug and alcohol test results confidential to the maximum extent possible.

12. Administrative Responsibility

Campus personnel departments will share responsibility for administering this policy and its associated procedures as they relate to employees and invitees. The Office of the Dean of Students will administer policy and procedures related to students. Intercollegiate Athletics will be responsible for policy and associated procedures described in Section VII, paragraph C.