Drug Free Policy

It is the policy of California State University, San Bernardino that all employees of the University are prohibited from the unlawful possession, use, manufacture, distribution, or dispensation of a controlled substance as well as illicit drugs and alcohol in the workplace or as a part of university activities. For purposes of this policy, a controlled substance is defined as any material so designated by state or Federal statute.

Notwithstanding other penalties and legal sanctions provided by local, state or federal law which prohibit the above activity and may result in prosecution, any employee(s) violating this policy and/or convicted of a criminal offense concerning the activities prohibited under this policy will be subject to disciplinary action up to and including dismissal.

Pursuant to provisions of the Drug Free Workplace Act of 1988 (34 CFR Part 85), the following actions will be taken by the university:

1. All persons appointed to a position by the University shall be given a copy of this policy, and as a condition of employment, fully abide by its provisions and report any convictions for a criminal drug offense in the workplace to the Personnel Officer or his designee within five (5) days of such occurrence.
2. If the employee is receiving a grant, the University shall notify the granting agency within ten (10) days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
3. The University shall take appropriate personnel action against any such convicted employee. The employee may be required to complete an authorized drug rehabilitation program approved by a federal, state or local health, law enforcement or other appropriate agency. While the University will emphasize rehabilitation programs, individual circumstances may warrant more drastic sanctions up to and including termination.

The University will inform all employees that studies on the effects of the use of controlled substances, illicit drugs and the abuse of alcohol have demonstrated that the use of such substances can lead to such conditions as addiction, lung damage, heart damage, brain damage, unpredictable behavior, paranoia and other physical and mental disorders.

The University sponsors a Wellness Program, which includes the dissemination of information on the use of illicit drugs and the abuse of alcohol on a routine basis. All University employees are encouraged to attend University sponsored drug awareness or drug education programs. The University also provides an Employee Assistance Program, which can provide help to employees through the referral to community agencies and/or competent professionals.

The University will publish a statement of prohibitions as specified in paragraph one of this policy and annually distribute in writing to each employee a copy of this policy.

The University will review all programs related to this topic on a biennial basis to determine the effectiveness, implement needed changes and ensure that disciplinary sanctions are consistently enforced.

The University is additionally covered by the Drug Free Schools and Community Act of 1989, section 22 of which addresses institutions of higher education. This policy complies with the requirements of that act.