DATE ISSUED
11/01/89

DATE REVISED
1/03/2007

POLICY

Saint Louis University is committed to maintaining a safe, healthful, and efficient environment which enhances the welfare of our employees, students, patients, and visitors. It is the policy of the University to maintain an environment which is free of impairment from substance abuse by any of its employees. The University will make a good-faith effort to maintain a drug-free workplace.

Early recognition and treatment of drug or alcohol abuse are important for successful rehabilitation, for economic return to the University, and for reduced personal, family, and social disruption. Saint Louis University encourages the earliest possible diagnosis and treatment for drug or alcohol abuse. Saint Louis University will attempt to assist employees in overcoming drug or alcohol abuse. However, the decision to seek diagnosis and accept treatment for drug or alcohol abuse is the individual employee’s responsibility.

The University encourages employees to seek assistance in dealing with a substance abuse problem, or those problems of a family member, by contacting the available counseling and treatment programs listed in this policy, his/her supervisor, or human resources. No employee will be terminated solely as a result of seeking counseling and rehabilitation.

In accordance with the Drug Free Workplace Act and Drug Free Schools and Communities Act, Saint Louis University prohibits the unlawful manufacture, distribution, dispensation, possession, sale, or use of illicit drugs or alcohol in the workplace, on University premises, or as part of University activities. Additionally, the University maintains a policy for substance abuse testing that prohibits applicants or employees from testing positive for the presence of illicit drugs or alcohol in their system at specified levels. All employees are expected to abide by these standards of conduct as a condition of employment. For purposes of this policy, unlawful conduct involving illicit drugs or alcohol is governed by the laws in effect where the employee is working.

Saint Louis University maintains programs and operations in Missouri, Illinois, and Madrid, Spain. The legal drinking age in Missouri and Illinois is 21. Knowingly furnishing alcohol to a person under the age of 21 is also prohibited by state law. The legal drinking age in Madrid Spain is 18. Employees who are of legal drinking age are expected to consume alcohol in a mature and responsible manner while on University premises or attending University activities. The University prohibits the consumption of alcohol by any employee when the consumption adversely affects job performance and/or endangers the physical well-being of any person.

Employees violating standards of conduct in this policy will be disciplined up to and including, discharge in a manner which is consistent with the procedures governing discipline and discharge of staff and faculty and any applicable local, state, or federal law. Employees may be referred to the University’s Employee Assistance Program or other suitable counseling/treatment resources for evaluation and treatment in these instances. When warranted, disciplinary sanctions may include requiring an employee to successfully complete such a program. Employees who undergo counseling and treatment for drug or alcohol abuse must meet all standards of conduct and job performance. Persons who violate this policy may be referred to law enforcement authorities for arrest and prosecution.

In order to comply with the Drug Free Workplace Act, Saint Louis University requires all employees to notify the University of any criminal drug statute conviction involving a violation occurring in the workplace no later than 5 days after such a conviction. The University will notify the appropriate federal contracting agency within 10 days after receiving notice of a conviction of any employee working under a federal contract or grant

SCOPE

This policy applies to all faculty and staff employed by Saint Louis University, including, but not limited to, employees working at the St. Louis campus, Saint Louis University at Madrid Campus, SLUCare Facilities, and all other locations owned or used by the University in connection with its programs and activities. This policy also applies to all employees of contractors and sub-contractors, visitors, patients, and guests while they are on University premises or present at University activities.

DEFINITIONS

For purposes of this policy, the following definitions apply:

Illicit Drugs: Any controlled substance listed in Schedules I through V of Section 202 of the Federal Controlled Substance Act, Chapter 195 of the Missouri Revised Statutes, Chapter 56 ½ of the Illinois Revised Statutes, or other applicable laws.

University: Includes Saint Louis University, all operating divisions and subsidiaries, and Saint Louis University at Madrid.

University Premises: Includes all land, facilities and other property in the possession of, or owned, used or controlled by the University (including adjacent streets and sidewalks).

University Activities: Includes any on-campus or off-campus event or function conducted, sponsored, approved or funded, in whole or in part, by the University.

Referrals and Employee Assistance Program

The University’s Employee Assistance Program (EAP) offers free and confidential counseling and assistance to permanent employees and their families. The EAP is located at 3545 Lafayette Avenue, Suite 520. The 24-hour phone number is 977-1066. Employees are encouraged to voluntarily seek assistance through the EAP for substance abuse or any personal problems. Student employees may find assistance through the Counseling and Consultation Center by calling 977-2323. The Center is located at 3518 Laclede, in Marchetti Towers East.

Employees may also seek assistance at the University’s Psychiatric Department, which is housed at the David P. Wohl Memorial Institute for psychiatric assessment and care at 1221 South Grand Blvd., 577-8740, or through a family physician under their medical insurance plan.

Saint Louis University at Madrid provides counseling and referral services through the Office of the Vice President and Academic dean located at Sullivan Hall, 554-5858. The Human Resources Office and /or the Employee Assistance Program will attempt to assist employees working at other locations in finding counseling and treatment programs in their area.

Legal Sanctions

Illicit Drugs: Criminal sanctions for violations of state and federal laws prohibiting the unlawful possession and distribution of illicit drug is provided for you information.

Missouri Law: Conviction for possession of illicit drugs results in up to 7 years imprisonment and a maximum fine of $5,000, unless the offense involves 35 grams or less of marijuana, which entails up to 1 year in prison and a fine of $1,000.

Illinois Law: Conviction for possession of illicit drugs results in 4 to 50 years imprisonment and a fine of up to $250,000, unless the offense involves smaller amounts (200 grams or less) of certain drugs, which elicits 4 to 15 years in prison and a fine of up to $200,000.

Federal Law: Conviction for possession of illicit drugs results in 1 to 3 years imprisonment and a minimum fine of $1,000, unless the offense involves cocaine base (crack) which may carry mandatory imprisonment for 5 to 20 years.

The range of penalties under state and federal law for unlawful distribution of illicit drugs is summarized in Chart One.

The severity of the sanctions Imposed for both possession and distribution offenses depends on the type and quantity of drugs, prior conviction, and whether death or serious injury resulted. Sanctions may be increased for offenses which involve distribution to minors or occur on or near University premises. In addition, other federal laws require or permit forfeiture of personal or real property used to illegally possess, facilitate possession, transport or conceal a controlled substance. A person’s right to purchase a firearm or receive federal benefits, such as student loans, grants, contracts, or professional or commercial licenses, may also be revoked or denied as a result of a drug conviction.

Alcohol: As a Catholic, Jesuit educational institution, Saint Louis University expects its employees to develop a well-reasoned philosophy on the use of alcoholic beverages. The University is obligated to respect the civil law and its attempt to protect the rights of other which are threatened by illegal or immoderate drinking on University premises or at University activities.

Missouri Law: The purchase, attempt to purchase, or possession of any intoxicating liquor by a person under 21 years of age is punishable by a fine of $50 to $1,000 and up to a year in jail. The same penalties apply to persons knowingly furnishing alcohol to minors.

Illinois Law: The purchase and/or possession of alcoholic beverages by persons under 21 years of age is punishable by up to a year in jail. The same penalties apply to persons knowingly furnishing alcohol to minors. In addition, the Village of Cahokia prohibits by ordinance the purchase and/or possession of alcohol by persons under 21 and may impose a fine of $200.

Madrid Campus: Saint Louis University employees assigned to work at the Madrid Campus are reminded they may be subject to arrest and legal sanctions for drug and alcohol offenses under Spanish laws and regulations.

Health Risks

There are numerous, serious health risks associated with the use of illicit drugs and alcohol. Substance abuse, when left untreated, may lead to damaged vital organs such as the liver, brain, and kidneys. Other problems normally associated with substance abuse include nausea, vomiting, loss of memory, slurred speech, blurred vision, and violent acts of aggression. These effects, more often than not, lead to poor job performance, loss of jobs, arrests, arguments with family and friends, and serious accidents. A detailed description of the health risks associated with abuse of illicit drugs and alcohol are provided in Chart Two.

Risk of Loss of Workers’ Compensation Benefits

The Missouri Workers’ Compensation Act requires the forfeiture of benefits or compensation otherwise payable to an employee when the use of alcohol or illicit drugs is the proximate cause of the employee’s injury. At a minimum, the Act provides for a reduction in compensation or death benefit when the employee is injured while using alcohol or illicit drugs.

Authorized Use of Prescribed Medicine

Employees undergoing prescribed medical treatment with any drug which interferes with their work activity must report this treatment to their supervisor. Prescribed medicine should be kept in its original container, which identifies the drug, date of prescription, and prescribing doctor.

Inspections

When Saint Louis University has reasonable grounds to suspect that an employee unlawfully manufactured, distributed, possessed or used illicit drugs or drug paraphernalia on University property or at any of its activities, the University reserves the right to inspect the employee's locker, desk, or other University property under the control of the employee.

CHARTS

A Chart of Drug Trafficking Penalties and Controlled Substances-Uses and Effects is available by selecting the appropriate name below.

· Controlled Substances and Drug Trafficking Penalties

· Scope, Definitions, Referrals, and Risk Information