1003.2 Drug-Free Work Place
Section 1000: Campus Policy
Effective: July 16, 1990
Revised: October 1, 2007
Review Date: October 2021
Responsible Party: Director of Student Health Services
The health risks associated with the use of illicit drugs and the abuse of alcohol include physical impairment such as liver, heart, digestive tract diseases and mental impairment such as memory loss, impaired judgment and other personality disorders.
Students may receive confidential alcohol and drug counseling treatment through the counseling staff and referral information regarding drug or alcohol counseling, treatment and rehabilitative programs available through Behavioral Health Center, AL-ANON and other support groups, and local licensed mental health care professionals. Faculty and staff may receive counseling from the drug and alcohol counselor/coordinator and members of the University counseling staff confidential referral information regarding the aforementioned local drug and alcohol treatment resources. If they are full or part-time employees, they may also contact the MSUN EAP program at 1-800-999-1077.
- In compliance with federal mandate, state law, and local ordinance, the University prohibits the illegal manufacture, distribution and sale, possession or use of a controlled substance by students, faculty and staff in the workplace or while conducting university business.
- Employees must, as a condition of employment, comply with this policy and notify their immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. The supervisor is responsible for notifying the Office of Human Resource Services immediately upon notice from the employee. The Office of Human Resource Services is responsible for notifying the federal granting agency, when appropriate, of the conviction within ten days of learning of the conviction.
- The academic community cannot in any way be considered a sanctuary from civil prosecution, and individuals are reminded of their responsibility as citizens. Therefore, the University will not obstruct civil authorities. Violations of the aforementioned federal, state, and local laws and ordinances may result in the following maximum legal sanctions: $100,000 fine, 10 years in prison, and required rehabilitation treatment, among other actions required by the Courts. At the same time, as an educational institution, the University recognizes the appropriateness of handling certain cases of drug abuse individually and from an educational and/or counseling point of view.
- Students in violation of the policy may be required by the University to receive treatment, change housing assignments, or to be suspended or expelled. Faculty and staff in violation of this policy may be required by the University to receive treatment. The University may exercise disciplinary actions against faculty and staff in violation of the policy up to and including termination.
- All employees and students will be given a copy of this policy upon adoption. New employees and students will be given a copy of the policy as a part of the orientation process.
- Upon request the Office of Human Resource Services shall provide confidential referrals to drug counseling or rehabilitative programs and shall counsel employees on available assistance under the group insurance plan.
- Drug-Free Schools and Communities Act (1988) and Amendments (1989); (Public Law 101-226);
- the Drug-Free Workplace Act (1988);
- Montana State Statutes, Criminal manufacture of imitation dangerous drugs 45-9-115, Criminal sale of dangerous drugs 45-9-101, Criminal possession with intent to sell 45-9 103, Criminal possession of dangerous drugs 45-9-102, Unlawful possession of an intoxicating substance 45-5-624, Illegal sale of an intoxicating substance 16-6-305; and
- Havre city ordinance, Drinking alcoholic beverages in public places 6-1-16.