Drug and alcohol free workplace

The purpose of this policy is to delineate the university's policies and procedures related to its commitment to maintaining a workplace that is free of drugs and alcohol.

In accordance with the Drug-Free Workplace Act, Lynn University is committed to maintaining a workplace that is free of drugs and alcohol. The university has a vital interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency, and success at the university. Employees who are under the influence of a drug or alcohol on the job compromise the university’s interests, endanger their own health and safety and the health and safety of others, including other employees, students and visitors, and can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, behavior that disrupts other employees, delays in the completion of jobs, inferior quality in products or service, and disruption of customer relations.

To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, and to protect its business, property, equipment, and operations, the university has established this policy concerning the use of alcohol and drugs. As a condition of continued employment with the university, each employee must abide by this policy.

Illegal drugs or other controlled substances—mean any drug or substance that: (a) is not legally obtainable; (b) is legally obtainable but has not been legally obtained; or (c) has been legally obtained but is being sold or distributed unlawfully. “Controlled substances” include any form of narcotic, hallucinogen, depressant, stimulant, or other drug whose use, possession, or transfer is restricted or prohibited by law, including but not limited to marijuana, cocaine (including “crack” and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates.

Legal drug—means any drug, including any prescription drug or over-the-counter drug, that has been legally obtained and that is not unlawfully sold or distributed.

Abuse of any legal drug—means the use of any legal drug: (a) for any purpose other than the purpose for which it was prescribed or manufactured; or (b) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer.

Reasonable suspicion—includes a suspicion that is based on specific personal observations such as an employee’s manner, disposition, muscular movement, appearance, behavior, speech or breath odor; information provided to management by an employee, by law enforcement officials, by a security service, or by other persons believed to be reliable; or a suspicion that is based on other surrounding circumstances.

Possession—means that an employee has the substance on his or her person or otherwise under his or her control.

I. Prohibited conduct

The prohibitions of this section apply whenever the interests of the university may be adversely affected, including any time the employee is:

1. On university premises;
2. At university sponsored or university related events;
3. Conducting or performing university business, regardless of location;
4. Operating or responsible for the operation, custody, or care of university equipment or other property; or
5. Responsible for the safety of others.

II. Prohibitions

The following acts are prohibited and subject an employee to termination:

1. The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol;
2. Being under the influence of alcohol;
3. Possession of holiday gifts of alcohol, which have been received or are to be given away by employees but are not opened or consumed on university premises, does not violate this standard;
4. The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any illegal drug or other controlled substance;
5. Being under the influence of any illegal drug or other controlled substance;
6. The abuse of any legal drug;
7. The purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any legal prescription drug in a manner inconsistent with law; or
8. Working while impaired by the use of a legal drug whenever such impairment might:
   1. Endanger the safety of the employee or some other person;
   2. Pose a risk of significant damage to university property or equipment; or
   3. Substantially interfere with the employee’s job performance or the efficient operation of the university’s business or equipment.

III. Federal contract or grant employees

Pursuant to 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, must notify the employee’s supervisor if convicted under a criminal drug statute for conduct in the workplace no later than five (5) calendar days after the conviction.

Employee Services will notify the federal contracting granting agency within ten (10) calendar days after receiving notice of the conviction from the employee or otherwise receiving actual notice of the conviction.

IV. Drug testing

Lynn University is determined to eliminate the use of illegal drugs, alcohol, and controlled substances at our work sites. The purpose of this program is to improve job safety on all projects. This program is designed solely for the benefit of our employees and students to provide reasonable safety on the job and protection from offending individuals. In addition, this program attempts to meet our responsibility to the student body.

Testing: Drugs and alcohol tests may be administered under the following conditions:

1. When an employee shows signs of impairment on the job (i.e., based on reasonable suspicion);
2. After any accident or occurrence that results in an injury on the job as defined by the Occupational Safety and Health Administration;
3. After any vehicular accident when it appears that the employee might reasonably have avoided the accident or minimized the consequences, but did not do so;
4. Before return-to-duty; and/or
5. Follow-up testing upon selection or request of management.

Employees who refuse to submit to drug and alcohol testing may be terminated.

V. Corrective action for violation of policy

If the university determines that an employee has violated this policy, the university may impose appropriate corrective action on offending employees. The appropriate action may depend on the particular facts but may include written or oral counseling, probation, and reassignment of responsibilities, suspension, or termination. Depending on a violation, Lynn University may terminate an employee even for a first offense.

VI. Effect of criminal arrest, plea or conviction

Employees are required by this policy to notify their supervisor or Employee Services immediately (and no later than five (5) calendar days) of any arrest, plea or conviction under a criminal drug statute for a violation occurring in or outside of the workplace, immediately after any such arrest, plea or conviction. An employee who enters a plea or is convicted under a criminal drug statute for a violation occurring in the workplace or during any university-related activity or event will be deemed to have violated this policy.

The university may take appropriate corrective action up to and including termination of employment.

VII. Use of legal drugs

The university recognizes that employees may, from time to time, be prescribed legal drugs that, when taken as prescribed or according to the manufacturer’s instructions, may result in their impairment. Employees may not work while impaired by the use of legal drugs if the impairment might endanger the employee or someone else, pose a risk of significant damage to university property, or substantially interfere with the employee’s job performance. If an employee is so impaired by the appropriate use of legal drugs, he or she may not report to work.

To accommodate the absence, the employee may use eligible sick leave or vacation time. The employee may also contact their supervisor to determine whether or not he or she qualifies for an unpaid leave of absence, such as family medical leave. Nothing in this policy is intended to diminish the university’s commitment to employ and reasonably accommodate qualified disabled individuals. The university will reasonably accommodate qualified disabled employees who must take legal drugs because of their disability and who, because of their appropriate use of such drugs, cannot perform the essential functions of their positions adequately or safely.

Customary use of over-the-counter drugs: Nothing in this policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over-the-counter drugs, so long as that activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this policy.

Medical marijuana: Notwithstanding the State of Florida’s Compassionate Medical Cannabis Act permitting the use of medical marijuana for those with a valid prescription, Lynn University remains subject to and will continue to comply with the federal Drug Free Workplace Act of 1988 and Drug Free Schools and Communities Act Amendments of 1989. The university will also comply with applicable state laws and regulations. This means that even for those with a valid medical marijuana prescription, medical marijuana in any form may not be possessed or used on campus or in university-owned or leased space (including housing) or at any university-sponsored events or activities.

1. It is a violation of university policy for employees to be under the influence any intoxicant, including medical marijuana, while fulfilling university employment responsibilities. All employees remain prohibited from possessing, smoking, ingesting, or otherwise engaging in the use of, or being under the influence of marijuana, medical marijuana, or other controlled substances on university property, during working hours, or while operating a vehicle or equipment owned or leased by the university. Employees who violate the drug-free workplace policy remain subject to corrective action, up to and including termination of employment.
2. Any employee may be required to submit to drug testing if there is a reasonable suspicion the employee is impaired from marijuana or other substances while on duty (see Section II above).
3. In the event an employee who is also a qualifying patient has an on-the-job injury and tests positive for marijuana, the employee’s eligibility for benefits will be determined by the Workers’ Compensation Commission in accordance with its rules and regulations.
4. In the event an employee is required to submit to drug testing, tests positive for marijuana, and is a qualifying patient under the state’s Compassionate Medical Cannabis Act, the Office of General Counsel should be consulted before action is taken.
5. The university will not discriminate against an applicant or employee in hiring, termination, or any condition of employment based on past or present status as a qualifying patient. For specified positions, a pre-employment substance abuse test may be required for employment.

VIII. Confidentiality

Disclosures made by employees to Employee Services concerning their use of legal drugs will normally be treated confidentially and will normally not be revealed to managers or supervisors unless there is an important work-related reason to do so in order to determine whether it is advisable for the employee to continue working. Disclosures made by employees to Employee Services concerning their participation in any drug or alcohol rehabilitation program will be treated confidentially to the extent feasible.

IX. Counseling/employee assistance

Employees who suspect they may have alcohol or drug problems, even in the early stages, are encouraged to seek diagnosis voluntarily and to follow through with the treatment as prescribed by qualified professionals. Employees who wish to voluntarily enter and participate in an approved alcohol or drug rehabilitation program are encouraged to contact Employee Services, who will determine whether the university can accommodate the employee by providing unpaid leave for the time necessary to complete participation in the program. No employee will have job security threatened by seeking assistance for substance abuse. The same consideration for referral and treatment afforded to other employees seeking treatment for non-drug/alcohol-related illnesses is extended to them. Employees should, however, be aware that participation in a rehabilitation program will not necessarily shield them from corrective action for a violation of this policy or any of other university policy.

The Employee Assistance Program may be available for drug counseling and rehabilitation. Contact Employee Services for information about this program.

X. Consent to testing and searches

As a condition of employment at Lynn University, employees must consent to submit to the testing for drugs and/or alcohol as shall be determined by the university for the purpose of determining the drug and/or alcohol content thereof. Refusal to test will result in immediate termination.

Entering the university’s property constitutes consent to searches and inspections. If an individual is suspected of violating the drug-free workplace policy, he or she may be asked to submit to a search or inspection at any time. Searches can be conducted of pockets and clothing, lockers, wallets, purses, briefcases and lunchboxes, desks and work stations and vehicles and equipment. An employee’s refusal to consent to a search will result in immediate termination.

To learn more about this policy or the supporting procedures, please contact Employee Services.