Policy Information

Date Established: Unknown
Date Last Revised:
Category:
Human Resources
Responsible Office:
Human Resources
Responsible Executive:
Vice President for Finance and Administration

Policy Contents

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Alcoholic Beverages, Drugs and Narcotics Policy

This policy is in effect even though it has not gone through the policy review process.

Summary

The unlawful use, possession, manufacture, dispensation, or distribution of controlled substances or alcohol in all university work locations is prohibited.

Policy Statement

The use on campus of alcoholic beverages is governed by the New York State Alcoholic Beverage Control Law, rules of the State Liquor Authority, and regulation of the university and university Alcohol Review Board.

The unlawful use, possession, manufacture, dispensation, or distribution of controlled substances or alcohol in all university work locations is prohibited.

Any employee at the university convicted of a criminal drug statute violation occurring in the workplace must notify his/her supervisor of the conviction within five (5) days after the conviction. As required by the Federal Drug-Free Workplace Act of 1988, the university must inform contracting or granting agencies of such convictions within ten (10) days after receiving notification from the employee or otherwise receiving notice of a conviction.

Employees at the University at Buffalo are served by the Employee Assistance Program (EAP), which provides comprehensive substance abuse assessment and referral services to appropriate community agencies. Information about EAP can be obtained by calling the EAP Director at 716-645-4460 or an EA Consultant at 716-645-4461. You may also visit our website at
www.eap.buffalo.edu.

The university will impose appropriate disciplinary sanctions on students and employees found to be in violation of standards of conduct as follows:

The university will take all steps necessary to assure the proper conduct of its activities. This may include the use of the counseling and discipline procedures. If a decision is reached to allow the affected employee to continue employment at the university, the employee may be required to participate in and satisfactorily complete an approved drug abuse assistance or rehabilitation program.

The long-standing policy of the university is and has been that employees on campus will be subject to criminal, civil, and disciplinary penalties if they distribute, sell, attempt to sell, possess, or purchase controlled substances while at the workplace or while performing in a work-related capacity. Such illegal acts, even if engaged in off-duty, may result in disciplinary action. It has also been the continuing policy of the university that campus employees are prohibited from on-the-job use of or impairment from alcohol or controlled substances. In those work locations where it is permitted, an employee may possess and use a controlled substance which is properly prescribed for him or her by a physician.

For State employees, where an appointing authority or a designee has a reasonable suspicion that an employee is not able to perform his or her duties as a result of a disability which may be caused by alcohol or a controlled substance, the appointing authority may proceed under the provisions of Section 72 of the Civil Service Law and require that the employee undergo a medical examination to ascertain the cause of the disability. Where testing for alcohol or a controlled substance occurs, appropriate medical procedures and tests should be utilized to assure accurate and proper results. Confidentiality of the testing process and results is an important aspect of this procedure for any affected State employee. Such medical examinations may be required under the safeguards of Section 72 of the Civil Service Law for employees who are permanently appointed competitive employees or employees subject to due process before termination. Other State employees who are not entitled to any due process protections before being terminated or place on involuntary examination may also be required to undergo such a medical examination, if appropriate under the circumstances.

Once a determination is made that any employee at the university is using, is under the influence of, or is not able to perform his or her duties due to alcohol or a controlled substance, the appointing authority may determine that the affected employee should be disciplined because of the alcohol or drug use. Disciplinary action may be taken pursuant to the procedures contained in the collectively negotiated agreements or the law, as appropriate and required.

The appointing authority may determine that the employee could benefit from the Employee Assistance Program. In such a case, the employee is referred to an EAP Coordinator, to assist him/her with the specific concern. EAP is a free, voluntary, information, and referral service available to all UB employees and family members. Should the employee have a substance abuse problem, EAP will provide the employee with resources in the community that provide such treatment services, and may assist the employee in making the contact.

State Sanctions

The State Penal Code has numerous penalties for the possession and sale of controlled substances; stimulants, LSD, hallucinogenic substances, and marijuana. Possession and sale of controlled substances sanctions range from misdemeanor to felony, with penalties ranging from one year to life. Marijuana possession and sale sanctions range from violations to felonies, with penalties from fines up to $1000 and up to fifteen years in prison.

Federal Sanctions

Federal law has numerous penalties for the illegal possession of controlled substances, possession of crack cocaine, and trafficking in methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl, and fentanyl analogue.

Possession sentences range from up to one year imprisonment and $1,000 fine to 20 years imprisonment and fines up to $250,000. Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance can be a sanction for convictions. Sanctions can also include denial of federal benefits, such as student loans, grants, contracts, public housing tenancy, eligibility to receive or purchase firearms, and professional and commercial licenses. Federal trafficking sanctions can range from one year imprisonment and $100 fine to life in prison and a fine of $8 million.

For more information, contact Student Affairs or the appropriate Personnel Office. (For further information, consult the Student Conduct Rules University Standards and Administrative Regulations Articles 7 and 8 and the Drug-free Schools and Communities Act. A complete copy of the Drug Free Schools and Communities Act statement is available for student review.)

Background

The use on campus of alcoholic beverages is governed by the New York State Alcoholic Beverage Control Law, rules of the State Liquor Authority, and regulation of the university and university Alcohol Review Board.

Contact Information

Human Resources
120 Crofts Hall           
Buffalo, NY  14260 
Phone:  716-645-7777
www.buffalo.edu/hr

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