Drugs and Alcohol: Disciplinary Sanctions Relating to Illicit Use

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[The following was approved on October 24, 1995, in accordance with provisions set forth in SIU Board of Trustees 2 Policies C.3.i.]

Civil Service

Disciplinary sanctions that the university may take directly against a civil service employee are governed by the Guidelines for Progressive Disciplinary Actions: Civil Service Employees for the Carbondale campus and the Civil Service Employee Disciplinary Management Program: Policy on Employee Conduct and Discipline for the Springfield campus and, in part, by the Statute and Rules of the State Universities Civil Service System.

Under the Guidelines for the Carbondale campus, possession of an alcoholic beverage in violation of the university's "Alcoholic Beverages: Regulations" would constitute a Level I infraction, calling for a warning or reprimand on the first such offense and pursuance of discharge on the fifth. Drinking intoxicating beverages in violation of these regulations would constitute a Level III infraction, calling for a 1-10 day work-day suspension without pay on the first such offense and pursuance of discharge on the third. Any criminal act that would qualify as a misdemeanor is a Level IV infraction, calling for a 15-20 work-day suspension without pay on the first such offense and pursuance of discharge on the second. Any criminal act that would qualify as a felony is a Level V infraction calling for pursuance of discharge on the first such offense. Unlawful possession, use, or distribution of illicit drugs or alcohol is by definition a misdemeanor or felony.

Under the Policy for the Springfield campus, possession of an alcoholic beverage in violation of the university's "Alcoholic Beverages: Regulations" or pertinent School of Medicine regulations and administrative guidelines would constitute a Level I infraction, calling for a warning or reprimand on the first such offense and pursuance of discharge on the sixth. Drinking intoxicating beverages in violation of those "Regulations" or School of Medicine regulations or administrative guidelines would constitute a Level III infraction, calling for a 5 work-day suspension without pay on the first such offense, a 20 work-day suspension on the second, and pursuance of discharge on the third. Any criminal act that would qualify as a misdemeanor is a Level IV infraction, calling for a 20 work-day suspension on the first such offense and pursuance of discharge on the second. Any criminal act that would qualify as a felony is a Level V infraction, calling for pursuance of discharge on the first such offense. Unlawful possession, use, or distribution of illicit drugs or alcohol is by definition a misdemeanor or felony. Under the Policy the School of Medicine Director of Personnel may take into account factors in mitigation and aggravation as well as other matters deemed relevant, such as the cumulative effect of an employee's overall disciplinary record in determining the disciplinary action to be taken.

In addition to direct sanctions imposed by the university, any evidence of a criminal act by an employee involving the unlawful possession, use, or distribution of illicit drugs or alcohol will be brought to the attention of the proper law enforcement authorities.

Even legal use of alcohol or undetected use of illicit drugs off the job which impairs an employee's ability to perform his/her job duties in a satisfactory manner exposes that employee to disciplinary sanctions up to and including discharge if the impairment is not corrected.

Faculty and Administrative/Professional Staff

The following disciplinary sanctions, approved by the Chancellor of SIUC on April 24, 1991, are applicable to faculty and administrative/professional staff for violation of standards of conduct required by the Drug-Free Schools and Communities Act Amendments of 1989 (PL101-226).[2]

  1. Introduction 

    The standards of conduct of the Drug-Free Schools and Communities Act policy of SIUC prohibit the unlawful manufacture, sale, delivery, unauthorized possession, or use of any illicit drug on property owned or controlled by the university or as a part of any university activity. The standards also prohibit the use, including the sale, delivery, possession, and consumption of alcoholic beverages in or on property owned or controlled by the university or as part of any university activity, except as otherwise provided for in the "Alcoholic Beverages: Regulations" at SIUC.

    SIUC requires that all faculty and staff members comply with the standards of conduct of the Drug-Free Schools and Communities Act policy and, for any concerns related to the use or abuse of illicit drugs or alcohol, encourages individuals to voluntarily seek assistance through the alcohol and drug prevention and counseling services available through SIUC, including the Springfield campus of the School of Medicine, or the community.

  2. University Procedures 
    Be

    fore any disciplinary sanction for violation of the standards of conduct of the Drug-Free Schools and Communities Act policy may be imposed, a faculty or staff member suspected or alleged to have violated the standards shall be afforded the benefit of due process, including 1) notice in writing of the specific violation that is charged, 2) a meaningful opportunity to be heard and to present any relevant information in response to the charge, 3) the right to assistance in such proceedings by an adviser of his or her choice, 4) a determination based on clear and convincing evidence that a violation of the standards of conduct occurred, and 5) an opportunity for appeal pursuant to the applicable grievance procedure.

  3. University Sanctions 

    The disciplinary sanctions that may be imposed for violations of the standard of conduct of the Drug-Free School and Communities Act policy include 1) a written reprimand and/or warning, 2) disciplinary probation, 3) disciplinary suspension without pay, and 4) termination of employment. Assessment, counseling or rehabilitative treatment in some situations may be required for continued employment. An individual charged with a violation of the standards of conduct may be temporarily relieved of assigned duties with pay or an individual may be suspended with pay pending any necessary investigation of an alleged violation of the standards of conduct. In addition to sanctions for violation of the standards of conduct on university-owned or controlled property or as part of any university activity, the university reserves the right to take appropriate disciplinary action for any other use of illicit drugs or alcohol by employees which directly or indirectly affects performance of employment responsibilities.

    When the illegal possession, use, or distribution of drugs or alcohol is involved, the administrative action will include referring any evidence of such criminal act by an employee to the attention of the proper law enforcement authorities. The university reserves the right to initiate concurrent disciplinary action and impose sanctions for violations of the standards of conduct of the Drug-Free Schools and Communities Act policy.

    Disciplinary sanctions for violations of the standards of conduct of the Drug-Free Schools and Communities Act policy shall be consistently enforced in order to promote fair and equitable treatment of any individual determined to have violated those standards. The following guidelines for particular violations for those standards shall be used as a means of assuring the imposition of similar sanctions for similar offenses but shall not be applied in a way that discourages an individual from seeking assistance for the abuse of alcohol and/or use and abuse of illicit drugs.

    1. Any felony conviction for manufacturing (which includes growing), selling, or distributing drugs or alcohol on university-owned or controlled property or as part of any university activity shall result in termination of employment.
    2. A felony conviction for possession or use of drugs or alcohol on university-owned or controlled property or as part of any university activity shall result in a range of penalties with a minimum of a six-month suspension with loss of pay to termination of employment, depending on the severity of the offense. Suspension must be accompanied by referral for assessment and/or treatment.
    3. Illegal distribution or manufacture of drugs or alcohol on university-owned or controlled property or as part of any university activity under any circumstances other than felony conviction shall result in a minimum of a three-month suspension with loss of pay. A second incidence of such illegal distribution or manufacture of drugs or alcohol shall result in termination of employment.
    4. The illegal possession or use of drugs on university-owned or controlled property or as part of any university activity, other than a felony offense, shall result in a range of penalties with a minimum of written reprimand or warning to a maximum of a 30-day suspension and a loss of pay, depending on the severity of the offense. Whenever a suspension is imposed, referral for assessment and/or treatment is mandatory. A second incidence of such possession or use shall result in a six-month suspension and loss of pay with mandatory referral for treatment. A third incidence of such possession or use shall result in termination of employment. If a felony conviction for possession or use of drugs on university-owned or controlled property or as part of any university activity follows a lesser violation for which an action (referral, suspension, or warning) was taken, then it shall result in termination of employment.
    5. Any possession or use of alcohol in violation of the "Alcoholic Beverages: Regulations" at SIUC shall result in a first sanction of either a written reprimand, warning, and/or suspension for up to 10 days with loss of pay, depending on the severity of the offense, and may result in a referral for assessment. Subsequent violations shall result in more severe sanctions and may result in referral for assessment and/or treatment.
    6. When the use of alcohol or illicit drugs off the job affects job performance, the initial focus for control is the rehabilitation of the offender. If unsatisfactory performance, as a result of drug or alcohol abuse, is observed during the rehabilitation period, suspension with loss of pay or termination are alternatives. The conditions which warrant this type of administrative action should be determined on the basis of the circumstances specific to the case.

    1. This document is one of several university statements on drug and alcohol use by students and employees and on the regulation of alcohol on the university campus. These policies are Drug and Alcohol Use: Standards of Conduct; Drug and Alcohol Use By Employees Performing Safety-Sensitive Work; Drug-Free Workplace; Drugs and Alcohol: Disciplinary Sanctions Relating to Illicit Use; Alcoholic Beverages: Regulations.

    2. Public Law 101-226 and implementing federal regulations 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. An institution's drug prevention program must include annual distribution in writing to each employee and student of, among other things, standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities, and a clear statement that the institution will impose disciplinary sanctions on students and employees (consistent with local, state, and federal law), and a description of those sanctions up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct.