Jeanne Clery Act

ALCOHOL POLICY

Regulations Governing Alcoholic Beverages at Southern Illinois University Edwardsville - 6C1

The use of alcoholic beverages in or on any property owned or controlled by Southern Illinois University Edwardsville is governed by the laws of the State of Illinois and the regulations of the University. The following regulations have been approved by the Chancellor, SIUE and the President of the SIU System, and shall govern the use of alcoholic beverages at Southern Illinois University Edwardsville.

1. The use, including sale, delivery, possession, and consumption of alcoholic beverages in or on any property owned or controlled by the University is strictly prohibited, except as otherwise provided in these regulations. Where permitted under these regulations, the use of alcoholic beverages on or in University premises shall be considered a privilege and shall be permitted only if consistent with State law and University regulations, and only if such use shall not interfere with the decorum and academic demeanor of the University.
2. The use of alcoholic beverages on University premises is permitted only in the following cases:
3. 1. The possession and consumption of alcoholic beverages is permitted in student, faculty, or family housing which is owned and controlled by the University under the following conditions.
   2. 1. Alcoholic beverages may be possessed and consumed by persons 21 years of age or older in private living areas.
      2. 1. Private living areas shall be defined as the individual living unit of the resident.
         2. A private living area does not include areas such as lounges, indoor recreational areas, hallways, multi-purpose rooms, laundry rooms, libraries, or grounds surrounding any University housing unit.
      3. Possession for the purpose of transporting alcoholic beverages to the above prescribed areas is not prohibited except in accordance with State and local laws governing the transportation of alcohol.
      4. Whenever possible individual residents will be given an opportunity to move into a living unit where alcoholic beverages are not possessed or
         consumed.
      5. Additional restrictions on, or the total prohibition of, the use of alcoholic beverages by tenants of legal age may be established by a majority action of tenants of that housing unit.
      6. All guests who visit the University housing unit are subject to this regulation. Each resident will be responsible for seeing that his/her guest(s) complies with the alcoholic beverage regulation. Non-compliance in these regulations by guests can result in disciplinary actions against the host resident and in direct action against the guest for unlawful use of University facilities.
   3. The sale, delivery, possession, and consumption of alcoholic beverages by and to persons 21 years of age and older is permitted in those University facilities officially designated for use as faculty centers, in accordance with the policies and regulations of such faculty centers, and the provisions and limitations of the Illinois Liquor Control Act, Ill. Rev. Stat. 1979, ch. 43, par. 94 et. seq.
   4. The sale, delivery, possession, and consumption of alcoholic beverages is permitted in the Center for Spirituality and Sustainability of Southern Illinois University Edwardsville.
   5. Pursuant to Public Act 82-557, the Chancellor, SIUE, or his/her designee may approve, subject to any limitations specified in administrative guidelines developed pursuant to paragraph 7 of these Regulations, the sale, delivery, possession, and consumption of alcoholic beverages by and to persons 21 years of age or older who are attending "conferences and/or convention-type activities" or "cultural, political, or educational activities" on designated University premises.
4. The sale or delivery of alcoholic beverages in or on any University property is prohibited except in accordance with paragraph 2 preceding.
5. Monies collected through or by the University for any campus organization will not be allowed to be used for the purchase of any form of alcoholic beverage.
6. The University assumes no responsibility for any liability incurred as a result of any person's and/or organization's violation of these regulations, applicable laws governing alcoholic beverages, or any administrative guidelines established to implement and/or administer these regulations.
7. The basic responsibility for compliance with these regulations will be incumbent upon all members of the University community. The overall responsibility for the enforcement of these regulations will rest with the administrative staff of the University, especially the University housing staff, the staff of the Office of Educational Outreach, and such other persons or offices as are appropriate in accordance with the established policies and procedures governing the University discipline system.
8. Administrative guidelines necessary to the proper implementation, control, and supervision of these regulations shall be developed and approved by the Chancellor of Southern Illinois University Edwardsville and filed with the Office of the President.

Approved by President effective 4/20/82
This policy was issued on February 24, 2009, replacing the August 28, 2008 version.
Document Reference: 6C1
Origin: OC 4/23/82

Administrative Guidelines Concerning Use of Alcoholic Beverages, SIUE - 6C2

The following guidelines are supplementary to the Regulations Governing Alcoholic Beverages at Southern Illinois University Edwardsville, and are official University policy. They are intended to assist in the implementation and administration of the Regulations by specifically defining terms and establishing or stipulating constraints on the use of alcoholic beverages at conference and/or convention-type activities, or cultural, political, or educational activities.

1. Definition of "conference and/or convention-type activities." Pursuant to Public Act 82-557, an activity must be identifiable as a conference-type or convention-type activity, in accordance with the following definition, in order for the University to permit the sale, delivery, possession, and/or consumption of alcoholic beverages at such activity. Further, faculty or staff of the University or members of an organization of students, alumni, faculty, or staff of the University must be "active participants" in the "conference and/or convention-type activity" in order for the University to permit the sale, delivery, possession, and/or consumption of alcoholic beverages at such activity.

"Conference and convention-type activities" are defined as specific functions, meetings, and activities which are planned in advance by a period of time appropriate to the function, meeting, or activity and which are not spontaneous in nature. The purpose(s) of the functions, meetings, and; activities shall be to consult about, discuss, exchange ideas, information, or opinions about, deliberate about, take action on, or investigate subjects which are pertinent to and appropriate for the individual(s) or entity(ies) who initiate and operate the function, meeting, or activity.

"Conference-type activities" are differentiated from "convention-type activities" by the degree of formality. "Conference-type activities" are those of a generally less formal nature which may or may not have a highly delineated and preprinted agenda or program (the purpose of the activity would be understood, before the fact, by those attending), may or may not have been announced or publicized, may or may not have a record kept of the matters which transpire, and may or may not be repeated or regular.

"Convention-type activities" are those of a generally more formal nature usually involving a well delineated and preprinted agenda or program, usually announced and publicized to the group(s) appropriate to the subject matter or purpose, usually having records of some kind kept of the matters which transpire, but are not necessarily regular or repetitive.

2. Definition of "cultural, political, or educational activities." Such activities are defined as specific functions, meetings, and activities which are planned in advance by a period of time appropriate to the function, meeting, or activity and which are not spontaneous in nature.
3. 1. "Cultural activities" are further defined as involving the discussion, display, or observance of exhibits, presentations, or performance, or the transfer of information concerning elements such as the applied, performing, and fine arts (music, artworks, dramatics, and the like), literature, history, anthropological studies, archaeological studies, and other similar or related matters.
   2. "Political activities" are further defined as involving the discussion, transfer of information, or deliberation about established and/or recognized local, state, and/or national political processes, parties, or organizations, or issues, but shall not be considered to include political processes, parties, or organizations, or issues primarily internal to the University.
   3. "Educational activities" are further defined as involving the transfer, investigation, and/or exchange of ideas, information, and/or opinions about the subject for which the function, meeting, or activity is being organized and planned, and which subject the University must determine and agree to be a legitimate and worthwhile topic about which an educational activity, at which alcoholic beverages would be served, should be conducted on University premises.
4. For University related functions, meetings, and activities established, held, or sponsored by employees, units, or officers of the University to qualify as a "conference or convention-type" or a "cultural, political, or educational" activity at which alcoholic beverages may be sold, delivered, possessed, and/or consumed, the activity must have a principal purpose which is clearly and directly related to the educational, public service, or research functions of the University, or which directly relates to fulfilling officially assigned responsibilities of a line officer of the University on matters of institutional advancement, support, or improvement. Further, the function, meeting, or activity: (a) Must be organized and developed principally for persons other than students, employees, or officers of Southern Illinois University Edwardsville participating at the activity within their respective usual and customary role(s) as students, employees, or officers of the University. Included within the scope of 'usual and customary role(s)' are all those University-related extracurricular activities generally or frequently engaged in by students, employees, or officers of the University. OR (b) Must be an inter-organizational function, meeting, or activity of two or more internal units or University-related organizations.
5. Definition of "alcoholic beverages." For the purpose of these Guidelines, the term "alcoholic beverages" means and includes only legally produced, commercially available beverages. All other beverages having an alcoholic content shall be strictly prohibited and excluded from permissible use under these Guidelines.
6. The sale, delivery, possession, and/or consumption of alcoholic beverages at conference and/or convention-type, or cultural, political, or educational activities shall be:
7. 1. Restricted to persons 21 years of age or older. The sponsor(s) of a function, meeting, or activity at which alcoholic beverages are permitted to be used shall be responsible for strict enforcement of this restriction.
   2. Limited to those specifically identified buildings and/or facilities which are customarily utilized for conference and/or convention-type activities, but in no case, shall the use of alcoholic beverages be permitted in buildings designated solely as classroom buildings. At present, the following buildings and/or facilities are identified as University premises in or on which the use of alcoholic beverages may be permitted:
   3. 1. the Morris University Center;
      2. the officially designated Conference Rooms of the Chancellor and the Provost;
      3. the lobby of Kathryn Dunham Hall;
      4. the basement level John C. Abbott Auditorium and adjacent lounge in Lovejoy Library, and the lounge adjacent to the Jennie Latzer Kaiser Rare Book room in Lovejoy Library;
      5. Room 1300 and the adjacent entry hall in the Administration-Student Union Building (building 273) at the School of Dental Medicine;
      6. the designated public service area of the multi-purpose room and lobby of Building D of the East St. Louis Higher Education Campus;
      7. the following areas of the Vadalabene Center for Health, Recreation, and Physical Education: first floor lobby, main entrance; second floor lobby, main entrance; the conference room (room 1026); the lounge (room 2001); the dance studio (room 2304); and the gymnasium;
      8. the atrium of the Engineering Building;
      9. other buildings, facilities, and/or spaces as approved in advance by the Vice Chancellor for Administration.

Within those buildings and/or facilities identified as premises in or on which the use of alcoholic beverages may be permitted, the use of alcoholic beverages shall be further restricted to the specific room(s) or portion(s) of a building and/or facility rented and/or reserved by the sponsoring entity of a function, meeting, and/or activity for such function, meeting, and/or activity.

5. 3. Strictly limited to those persons legitimately in attendance at the specific function, meeting, or activity. All persons attending an activity at which alcoholic beverages are permitted must be able to show a reason or cause for their presence, for example: the activity was advertised as open to the general public; the individual was specifically invited personally or as part of an identifiable group which was invited; the individual holds a confirmed reservation or valid ticket or voucher for or to the activity; and so forth.
6. Service of alcoholic beverages at conference and/or convention-type or cultural, political, or educational activities.
7. 1. Only University personnel 21 years of age or older shall be permitted to serve alcoholic beverages at activities where such is permitted.
   2. University personnel serving alcoholic beverages at activities shall be instructed not to serve anyone who appears, in their judgment, to be intoxicated.
8. Dram shop insurance, in maximum limits, shall be provided for each activity or event at which alcoholic beverages are sold, delivered, possessed, and/or consumed. For University sponsored events or activities, host liability insurance, in maximum limits, shall also be provided. For the purpose of the requirements of this paragraph 7, University affiliated groups, such as the Friends of Lovejoy Library, the Friends of Art, and so forth, shall be considered to be University sponsors. The University may, at its option, require that non-University sponsors provide dram shop and/or host liability insurance, in amounts acceptable to the University, for the sponsor's activities. If the University requires such insurance of a sponsor, the sponsor shall provide the University with proof of such coverage prior to the activity.
9. The MUC Event Services Office is designated as the unit responsible for administration, implementation, and supervision of the University's Regulations Governing Alcoholic Beverages and these Administrative Guidelines as they pertain to conference and/or convention-type, and cultural, political, or educational activities. Every activity proposed to be held on or in University premises at which the use of alcoholic beverages is desired shall be registered with, processed through, and must be approved by the MUC Event Services Office. The staff of the MUC Event Services Office shall, in considering proposals or applications for such activities, consult with other University units and/or officers, such as the University's Legal Counsel, as are appropriate to activities and events involving alcoholic beverages.
10. The University shall determine and establish regulations and procedures concerning security and the need for security personnel which are appropriate to activities and events involving alcoholic beverages.
11. Additional guidelines and/or procedures necessary to the proper administration of the University's policies concerning use of alcoholic beverages at conference and/or convention-type, or cultural, political, or educational activities shall be submitted to the Chancellor for approval.

Approved by Vice Chancellor for Administration effective 10/27/10
This policy was issued on December 17, 2010, replacing the January 9, 2007 version.
Document Reference: 6C2
Origin: VPA 5/28/87; OP 11/5/90; OP 10/1/93; OC 11/22/02; VCA 1/28/03; VCA 10/6/06; VCA 12/14/06; VCA 10/27/10

Student Alcoholic Beverages Policy - 6C3

1. Rationale for Alcoholic Beverages Policy

The use of alcoholic beverages on any property controlled by Southern Illinois University Edwardsville is restricted by the laws of the State of Illinois and the regulations of the University. Pursuant to the Regulations Governing Alcoholic Beverages at SIUE, the following guidelines have been approved by the Chancellor, and filed with the President, and shall apply to the use of alcoholic beverages at Southern Illinois University Edwardsville. To mitigate abuse and honor its obligation under State law, the University has established these policies and procedures to regulate consumption of alcoholic beverages by students on University property and at University sponsored activities. Persons who violate these policies and procedures shall be held accountable for their actions and subject to disciplinary, criminal prosecution and/or civil action.

The University acknowledges that students are adults and are expected to obey the law and take personal responsibility for their conduct. Consumption of alcoholic beverages shall be considered a privilege and shall be permitted consistent with State law and University regulations, and only if such use does not interfere with the educational environment of the University. The University will not intrude into the personal lives of students on or off campus nor invade their privacy by intrusive searches.

SIUE affirms its institutional role to encourage mature reflection and a free and thoughtful choice of alternatives. The University acknowledges that students may choose to use alcoholic beverages; however, the University expects deliberate consideration of personal responsibility and accountability.

2. Definitions of the Terms used in the Student Alcoholic Beverages Policy

The following are definitions of terms used in this policy.

Alcoholic Beverages-Includes beer, wine, malt liquor or any beverage containing an intoxicating ingredient such as whiskey, gin, rum or other fermented or distilled liquor.

Registered Apartment Event Host(s)-A host must be:

The host must assume responsibility for the event and sign the Event with Alcohol Application form and agree to remain alcohol and drug free throughout the event. The host must obtain all signatures on the application form from the residents of the apartment. Registered Apartment Event With Alcoholic Beverages-A gathering of nine or more people (enrolled students and/or guests) at which alcoholic beverages are present on University Housing property. All residents of the apartment must sign the Event with Alcohol Application agreeing that the event may take place in their apartment.

Student-One who is registered, or enrolled, or who has paid tuition, fees, or other University costs for credit or non-credit instructional activities.

Student Conduct and Student Grievances: Rights and Responsibilities-The University policy that sets forth the rights and responsibilities of students. It also contains the disciplinary procedures that apply when social misconduct occurs. For brevity, this document will be referred to as Student Conduct and Student Grievances.

Student Organizations-Student organizations which are under University jurisdiction and are registered with the Kimmel Leadership Center.

University Property-Property owned or controlled by the Board of Trustees of Southern Illinois University.

University Sponsored Events-Any officially sanctioned field trip, conference or activity supported by University funds.

3. Regulations Regarding Alcoholic Beverages on University Property

Pursuant to Public Act 82-557, it is necessary but not sufficient that 1) an activity be identifiable as a "conference-type" or "convention-type" activity or as a "cultural, political, or educational" activity in order for the University to permit the sale, delivery, possession, and/or consumption of alcoholic beverages at such activity; and, 2) that faculty or staff of the University, members of an organization of students, or alumni must be "active participants" in the "conference and/or convention-type activity" in order for the University to permit the sale, delivery, possession and/or consumption of alcoholic beverages at such activity on designated University premises.

The University assumes no responsibility for any liability incurred as a result of an individual's actions including actions that are a violation of these regulations or of any applicable Illinois state laws governing the use and consumption of alcoholic beverages.

4. University Housing Alcoholic Beverages Regulations

Each resident of University Housing is responsible for informing his/her guests of these regulations and ensuring that the guests are in compliance with University policy on alcoholic beverages. The resident may be subject to disciplinary action for guests' non-compliance with these regulations. Non-student guests may be subject to civil and criminal action for violation of these regulations. All guests who visit University Housing are subject to the following regulations.

 .                    Residents of University Housing, and their guests who are 21 years of age or older, who choose to possess or consume alcoholic beverages may do so in the following places and/or circumstances, except for the provisions of policy 6C1 paragraphs 2 - 4 (Regulations Governing Alcoholic Beverages at Southern Illinois University Edwardsville).

4. 0. 1. If alcoholic beverages are possessed or consumed, then those beverages must be present only in private living areas which will be defined as the individual living unit of the resident. A private living area does not include areas such as lounges, indoor recreational areas, breezeways, hallways, stairwells, balconies, parking lots, patios, multipurpose rooms, laundry areas, libraries, grounds surrounding any University building or other public areas.
      2. Those students who are 21 years of age or older may bring alcoholic beverages into apartments; however, alcoholic beverages may only be carried into the apartments in covered non-transparent bags. If the alcoholic beverages are clearly visible, the alcoholic beverages will be confiscated and destroyed. Violation of this provision of the policy may result in disciplinary sanctions as listed under Part D in the Student Conduct and Student Grievances.
      3. Alcoholic beverages carried or transported in containers which are open will be confiscated and destroyed. Violation of this provision of the policy may result in disciplinary sanctions as listed under Part D in the Student Conduct and Student Grievances.
   1. Containers holding more than one gallon of alcoholic beverages are prohibited on University property and will be confiscated.
   2. Unregistered and/or unapproved events at University Housing where alcoholic beverages are present and where nine or more people are gathered are strictly prohibited. Unregistered and unapproved events shall be considered a violation of this policy and violators will be subject to disciplinary action in accordance with Student Conduct and Student Grievances.
5. Regulations for Registered Apartment Events With Alcoholic Beverages Present
6. 0. The following regulations apply to apartment events at which alcoholic beverages are present:
   1. 1. One host who is a currently enrolled student and who is 21 years of age or older and a resident of the apartment sponsoring the event must be identified.
      2. An "Apartment Event with Alcohol Application" must be completed by the host and signed by all residents living in the apartment and returned to the Cougar Village Commons desk at least three business days before the event.
      3. The application will be forwarded to the appropriate area coordinator who will approve or not approve the event based on the regulations stated in this policy. The area coordinator will notify the host of the status of the application 24 hours before the event.
      4. If this is the first time the student is hosting an event with alcoholic beverages, the area coordinator will meet with the host and explain the regulations.
      5. The host must agree to satisfy the responsibilities of hosts listed in Section VI.
   2. Registered apartment events with alcoholic beverages must be limited to no more than 20 people (including residents, host, and/or guests) for a first floor apartment, and to no more than 15 people for a second floor apartment.
   3. If a minor(s) lives in the apartment where the event with alcoholic beverages is being held, it is his/her responsibility, as well as the host's to make certain that he/she is not served and does not consume alcoholic beverages. If all the residents of the apartment are minors, an event with alcoholic beverages is prohibited in that apartment.
   4. Registered apartment events with alcoholic beverages are required to end by 1:30 a.m. An event with alcoholic beverages present is prohibited in University Housing during the entire week of final examinations.
   5. The Director of University Housing, or his/her designee, may approve no more than two (2) events with alcoholic beverages present in any one apartment building during any twenty-four hour period. The Director or designee may approve only one event with alcoholic beverages present in any one apartment during any twenty-four hour period.
   6. In accordance with Illinois State laws, at registered apartment events with alcoholic beverages present, money may not be collected for any reason or donated prior to, during, or after the event unless a valid license issued by the Illinois Liquor Control Commission and the Local Liquor Control Commission has been obtained. All licenses issued by the Illinois Local Liquor Control Commission must be brought to the attention of the Vice Chancellor for Administration. Use of chips, tickets, or similar tokens as substitutes for cash is a violation of this policy and is prohibited.
   7. A student may not serve alcoholic beverages to any person who appears to be intoxicated. Some indicators of intoxication include slurred speech, staggering, the smell of alcohol on the person, bloodshot eyes, and belligerent behavior. This is not to be construed as a definition of intoxication; however, these indicators are intended to be useful to hosts and other students.
   8. No activity that promotes the rapid and irresponsible consumption of alcohol will be tolerated. These activities include, but are not limited to, "chugging" of alcoholic beverages, competitive drinking activities, and activities that employ peer pressure to entice people to consume alcoholic beverages.
7. Responsibilities of Hosts
8. 0. At an event with alcoholic beverages, the host(s) is responsible for ensuring that the rights of all persons are respected, including the right to a quiet environment for sleeping and studying.
   1. The host(s) is responsible for ensuring that only those students who are 21 years of age or older possess and/or consume alcoholic beverages at an approved event. Each host must have a plan for ensuring that only those individuals who are 21 years of age or older are served alcoholic beverages. The plan must be explained on the Event with Alcohol Application form.
   2. The host(s) is responsible for the conduct of guests during the event and is expected to exhibit conduct compatible with acceptable standards as defined in the Student Conduct and Student Grievances document. If the guests are students, they shall be expected to follow the acceptable standards of conduct as defined in the Student Conduct and Student Grievances document.
   3. At a registered apartment event, the host(s) is responsible for compliance with Illinois State laws regarding alcoholic beverages.
   4. The host(s) is responsible for ensuring that persons who appear to be intoxicated are not served alcoholic beverages.
   5. The host(s) must remain alcohol and drug-free throughout the entire event.
   6. Non-alcoholic beverages (other than water) and food must be provided in appropriate amounts in a clearly visible and accessible area throughout the duration of the event. The amount of non-alcoholic beverages must be at least equal to, if not greater than, the amount of alcoholic beverages present.
   7. Any host(s) who does not comply with this alcoholic beverages policy will be subject to disciplinary action.
9. Sanctions and Enforcement

Southern Illinois University Edwardsville considers violation of this alcoholic beverages policy unacceptable and violators shall be disciplined in accordance with the severity of the violation. Sanctions for social misconduct and procedures for handling allegations of social misconduct are in the Student Conduct and Student Grievances: Rights and Responsibilities document. Sanctions listed in that document may be accompanied by additional conditions, including appropriate counseling, participation in educational programs, and/or University or community service. Students will be disciplined if their use of alcohol or drugs precipitates disorder, public disturbances, danger to themselves and/or others, or leads to property damage. Any violation of Illinois State law may result in criminal prosecution and/or civil action.

Recommendations for Registered Student Organizations Events With Alcoholic Beverages Present Held Off University Property

1. The sale of alcoholic beverages within the State of Illinois is permitted only when an individual is properly licensed.
2. Individuals sponsoring the event should implement precautionary measures to ensure that alcoholic beverages are not accessible or served to persons under the legal drinking age or to persons who appear intoxicated. These may include, but are not limited to, prior training in serving alcoholic beverages and checking identification throughout the event.
3. At events with alcoholic beverages present, direct access to alcoholic beverages should be limited to the person(s) designated as the server(s). Serving of alcoholic beverages should be confined to an area designated for that purpose.
4. Non-alcoholic beverages should be available and identified at the same place as the alcoholic beverages and should be at least as prominent as the alcoholic beverages.
5. A reasonable portion of the budget should be designated for the purchase of food items unless guests are bringing food.
6. Events should not include any form of "drinking contest" in their activities or promotion. Alcoholic beverages should not be offered as prizes.
7. The sponsoring organization(s) should have dram shop and host liability insurance coverage. The sponsoring organization(s) should take responsibility for being fully informed of liability laws and any applicable insurance requirements.

Approved by Chancellor effective 2/3/03
This policy was issued on February 6, 2003, replacing the November 20, 2002 version.
Document Reference: 6C3
Origin: OP 6/1/93; OC 2/3/03

DRUG POLICY & PROCEDURE

Workplace Drug And Alcohol Testing Policy & Procedure

Approved by Chancellor effective June 30, 2004
Approved and Revised November 10, 2010
Approved and Revised May 2, 2012
Document Reference: Drug Free Workplace 41 USC 701, 30 ILCS 580/

I. Purpose

The safety and security of personnel, students, and visitors as well as property of the State of Illinois is of vital importance to Southern Illinois University Edwardsville (SIUE). The purpose of this policy is to create and maintain a drug and alcohol free work environment by identifying existing employees and potential employees, who use or abuse illicit drugs and/or abuse prescribed medications.

II. Policy Statement

It is the policy of this institution to provide a safe environment in order to conduct the mission of the University in the most effective manner possible. A  safe environment will be attained by appropriate employee screening, employee education and training, surveillance of the work area, and the effective management of situations involving drugs and alcohol regarding individuals who fall under the purview of University authority (i.e., this would include individuals operating equipment on or off of University property). It is the intent of the University through its policy, procedures, and practices to reduce the potential for:

A. The manufacture, possession, use, sale, distribution, dispensation, receipt, or transportation of illegal substances while on SIUE property or while otherwise engaged in University business.

B. The theft, unauthorized use, or intentional mishandling, or misuse of any medication and/or substance that is present at SIUE for the purpose of treating patients.

C. The consumption or abuse of alcoholic beverages, except the limited consumption of alcoholic beverages at University-sponsored events or groups approved by the University.

D. Being under the influence of substances while on SIUE property or while otherwise engaged in University business or during employment.

E. Performing duties while under the influence of substances whether on or off University property.

III. Definitions

• A. Possession: To have on one’s person, in one’s personal effects, in one’s vehicle or otherwise under one’s care, custody, or control.
• B. Substance: Alcohol, drugs, other substances (whether ingested, inhaled, injected subcutaneously, or otherwise) that have known mind altering or function-altering effects upon the human body or that impair one’s ability to safely perform his or her work, specifically including, but not limited to, prescriptions drugs and over-the-counter medications; alcohol, drugs, and other substances made illegal under federal or state law; “synthetic or designer” drugs: illegal inhalants; “look-alike” drugs; amphetamines, cannabinoids (marijuana and hashish), cocaine, phencyclinidine (PCP), and opiates; and any drugs or other substances referenced in Schedule I through V of 21 C.F.R. Part 1308 (whether or not such drugs or other substances are narcotics).
• C. Premises: For the purpose of this policy all property, facilities, buildings, structures, installations, work locations, work areas, or vehicles owned, operated, leased, or under the control of the University entity to which such premises or property pertains. Private vehicles parked on premises or properties are also included under this definition.
• D. Under the Influence: The condition wherein any of the body’s sensory, cognitive, or motor functions or capabilities is altered, impaired, diminished, or affected due to substances. This also means the detectable presence of substances within the body, regardless of when or where they may have been consumed, having an alcohol test result of 0.08 or greater alcohol concentration in blood or breath, and/or having a positive test for other substances.
• E. Prescription: A valid prescription issued to the employee by a licensed health care provider authorized to issue such prescription and used for its intended purpose as prescribed before any expiration date.

IV. Applicability

This policy and companion procedures apply to all SIUE facilities and property, to all faculty, staff, students, and visitors to the University. All employees are responsible to be familiar with and comply with this policy and companion procedures.

V. Policy Provisions

A. It is a violation of the law to manufacture, possess, use, sell, distribute, receive, or transport illicit drugs onto State of Illinois Property; SIUE is State property. The illegal possession, distribution, or use of drugs or abuse of alcohol by employees, faculty, staff, students, customers, visitors, guests, or other individuals on SIUE property will not be tolerated. Violators may be subject to discipline, up to and including termination of employment pursuant to the applicable University policies and procedures, State Universities Civil Service Statute and Rules or collective bargaining procedures. Any individual engaging in prohibited conduct under this policy is also subject to legal action.

B. Legal Compliance: The provisions of this policy are subject to any federal, state, or local laws that may prohibit or restrict their applicability, and testing for substances shall be conducted in accordance with and limited by such laws notwithstanding any terms of this policy to the contrary.

C. Pre-Employment Substance Testing: Pre-Employment Substance Testing: This provision applies to individuals to whom a contingent offer is made; an offer of employment is contingent on testing results.  This testing may include test of breath, saliva, urine, blood, and/or hair for substance in accordance with this policy. When an applicant tests positive for the use of illegal drugs, alcohol or the possible illegal use of prescribed drugs, a Medical Review Officer will contact the applicant to rule out the influence of prescribed and/or over-the-counter medications. The use of prescribed drugs that may influence test results will require supporting documentation from the prescribing physician. In the event of a confirmed positive test result, the applicant will be notified in writing of the test results by the Office of Human Resources and any offer of employment will be rescinded.

The applicant may request in writing a confirmation test on the original sample held by the lab, within seventy-two (72) hours of notification. Should the confirmation test results be negative, the University reserves the option to re-test the sample or send the applicant for another substance test. Depending on the results of the later test, the University reserves the right to rescind the contingent offer of employment. However, the University may choose to extend an offer of employment as a result of said test, and place the employee on a random sample substance testing program during the employee’s probationary period.

D. Other Substance Tests: The University may periodically conduct substance tests in  breath, saliva, urine, blood, and/or hair samples under any of the circumstances noted below. Any employee subjected to any substance test will be required to sign a Substance Test Consent Form. Refusal to sign the form or leaving the work area prior to the substance test without permission of the supervisor, or refusal to cooperate in any way with the testing process, shall be grounds for immediate termination of employment. In the event an employee consents to a substance test but fails to sign a Substance Test Consent Form, his/her failure will not invalidate the consent for the testing. An employee, who appears to be Under the Influence of Substance (s), in the sole discretion of the University, shall be removed from the work area and provided with transportation to the place of testing. The University shall call the emergency contact indicated by the employee or, if unavailable, arrange for a cab or other means to transport the employee home following the test. At the discretion of the University, employees suspected of violating this policy may be placed on administrative leave with pay pending test results. If test results are negative and the employee is on administrative leave without pay, the employee will be reimbursed for any salary lost during administrative leave.

E. Post-Accident Testing: If the University has reasonable cause to believe an employee has caused an on-the-job injury that is considered recordable under OSHA guidelines (i.e., requiring medical treatment) as a result of being Under the Influence, the supervisor may require the injured employee to undergo a post-accident substance test. Refusal to submit to the substance test shall be grounds for immediate termination of employment. SIUE employees who operate SIUE vehicles or equipment are subject to random no-notice substance testing.

F. Missing Substances: This portion of the Workplace Drug And Alcohol Testing Policy applies to any healthcare professional employed by SIUE, who has access to controlled substances. This includes but is not limited to University Health Services staff and the School of Dental Medicine (e.g., faculty, residents, dental hygienist, dental assistant, etc.). When there is a medication administration/handling discrepancy or where a substance is missing, all staff members who were involved in the handling of, or had access to, the missing substance will be immediately required to submit to a substance test. Employees who admit to diversion of medications will undergo substance testing. Refusal to submit to a substance test will be grounds for immediate termination of employment.

G. Fitness for Duty: Employees suspected to be unfit for duty as a result of the use or reasonably suspected use of substances will be subject to substance testing. Refusal to submit to a substance test will be grounds for immediate termination of employment.

H. Reasonable Suspicion: The University may require an employee to submit to a substance test if the employee’s supervisor and another individual in a management position have a reasonable belief that the employee is using, is Under the Influence of, or is in the possession of a substance or has otherwise violated this policy’s prohibition on the use of substances. Several indicators (see Table 1) are commonly observed with individuals under the influence.  At least two or more of these indicators should be observed by one or more individuals prior to concluding reasonable suspicion. The Office of Human Resources has the responsibility for determining if a substance test is warranted based on the information provided by the supervisor or member of management and the employee.

It is recognized that some individuals exhibiting these symptoms may be under the influence of legally prescribed drugs.  Employees will have the opportunity to provide an explanation of observed indicators or observed behavior to their supervisor or member of management prior to being required to submit to a substance test. Refusal to submit to a substance test will be grounds for immediate termination of employment.

I. Random Selection Testing: Employees in safety sensitive positions are subject to random testing for substances. Other employees may be placed on a random sample testing program where circumstances warrant, such as a Last Chance agreements or prior positive test results. Where random testing is prohibited or restricted by applicable federal, state or local statute or regulation, or other legally-binding agreement, the University will conform to all applicable laws, regulations, or agreements notwithstanding the provisions of this policy.

J. Alteration of Sample: Specimens reported by the testing laboratory as adulterated or substituted will be considered a refusal to test, and therefore grounds for immediate termination of employment or ineligibility for hire.

K. Workplace Searches: Management may conduct searches of University property, including lockers, and an employee’s personal property in cases where there is reasonable cause to suspect a violation of this policy. While no search will be conducted without an employee’s consent, consent to a search is a condition of continued employment with the facility. An employee who refuses to cooperate in the conducting of such searches will be subject to disciplinary action up to and including termination of employment.

L. Collection of Samples: Testing samples will be collected by a qualified individual only, including an individual who is an employee of an outside testing laboratory. Collection of samples will be performed under reasonable and sanitary conditions. The chain of custody of the sample will be recorded, and this record will be retained by the testing organization.

M. Off-Premise Use: The University reserves the right to suspend with pay any employee who has been arrested for criminal offenses related to the manufacture, possession, sale, use, distribution, dispensation, receipt, or transport of any illegal substance pending resolution of the charges to the University’s satisfaction. Employees who are convicted of any substance related violation under state or federal law or who plead guilty or nolo contendre (i.e., no contest) to such charges must inform the University in writing within five (5) days of the conviction or plea. Failure to do so will result in disciplinary action, up to and including termination. In the event of an employee’s conviction or plea to charges relating to the manufacture, possession, sale, use, distribution, dispensation, receipt, or transportation of any substance, the facility will determine whether disciplinary action will be taken, including the appropriateness of continued employment.

N. Confidentiality of Test Results: All test results will be handled on a confidential basis and will be available only to the University personnel who have a need to know such results. The Director of Human Resources or his/her designated representative will determine who will have access to these records.

VI.

The SIUE Office of Human Resources will make counseling, direction, training, and education regarding drug testing available to managers, employees, and student employees.

VII.

The Office of Human Resources is the primary administrator, however all University employees have responsibility to achieve and maintain the goals stated in this policy,

Southern Illinois University Edwardsville (SIUE)

CONFIDENTIAL DRUG AND ALCOHOL TESTING CONSENT FORM

Employee/Applicant’s

Printed Name ___________________________________

Department _________________________

Account Number ______________

1. I certify that I have read and understand the Southern Illinois University Edwardsville Workplace Drug Testing Policy & Procedure.  Additionally, by signing below, I accept all conditions of this policy.

2. I understand that I am being asked to provide a blood, urine, or hair sample for testing to determine the presence of alcohol, drugs, or controlled substances in my system. I understand that I do not have to provide such a specimen if I choose not to do so, but that my refusal will result in termination of my employment at the University or revocation of any offer of employment.  In addition, I understand that I have 48 hours to provide said test sample and that failure to do so will result in termination of my employment at the University or revocation of any offer of employment.

3. I hereby give consent to and authorize Southern Illinois University Edwardsville and its agents, servants, employees and/or physician chosen by the University to take blood, urine, or hair specimen and to use such specimen in any manner that the facility and its agents, servants, employees, and physicians deem appropriate, including, but not limited to, releasing such specimen to a testing laboratory, hospital, other person or service for testing. I hereby give consent to and authorize the facility and its agents, servants, employees, and/or physicians chosen by the facility and any such testing laboratory, hospital, person or service to conduct drug tests and to release the results of the tests or other information concerning the specimen to Office of Human Resources or to any person or firm designated by the University.

4. I hereby release Southern Illinois University Edwardsville and its agents, any of their officers, servants, employees and physicians, any laboratory, hospital, person or facility responsible for testing from any and all claims, causes of action, damages or liability relating to the testing or use and dissemination of test results.  This includes, but not limited to, all claims for injuries or damages arising out of or relating to the collection of specimens, procedures, the release of information or results concerning such testing, or any action taken regarding any employability or continued employment as a result of such testing and/or test results.

______ I consent to provide a blood, urine, or hair specimen for use in the manner described herein.

______ I refuse to provide a blood, urine, or hair specimen. I understand that my refusal constitute grounds for immediate termination or disqualification from employment consideration.

________________________________________

Employee/Applicant’s Signature (Print and Sign) Date

________________________________________

Witness’s Signature (Print and Sign) Date

Southern Illinois University Edwardsville (SIUE)

STATEMENT OF A DRUG-FREE WORKPLACE

1. SIUE is committed to maintaining a drug-free workplace in compliance with applicable state and federal laws. The unlawful possession, use, distribution, dispensation, sale, or manufacture of controlled substances is prohibited on University property. Violation of this policy may result in the imposition of employment discipline as defined for specific employee categories by existing University policies, statutes, rules, regulations, employment contracts, and appropriate collective bargaining agreements. Any employee convicted of a drug offense involving the workplace shall be subject to employee discipline and/or required satisfactory completion of a drug rehabilitation program as a condition of continued employment.

2. The illegal use of controlled substances can seriously injure the health of employees, adversely impair the performance of their responsibilities and endanger the safety and well being of fellow employees, students, and members of the general public. Therefore, the University strongly encourages employees who have a problem with the use of illegal controlled substances or abuse prescribed medications to seek professional treatment. A list of sources for drug counseling, rehabilitation, and assistance programs may be obtained from the Office of Human Resources, University Health Services, or the Employment Assistance Service. Employees may obtain this information anonymously either through self-referral, direction of his/her supervisor or the Office of Human Resources. Employees who are engaged in work under a federal contract may be required to submit to a drug test for use of illegal controlled substances as provided by the law or regulations of the contracting agency.

3. As a condition of employment, employees will strictly adhere to the stipulations as outlined in this statement. In addition, those employees working on a federal contract or grant will notify his/her supervisor if he/she is convicted of a criminal drug offense occurring in the workplace within five (5) days of the conviction. The University will notify the granting or contracting federal agency within ten (10) days of receiving notice of the conviction of any employee working on a federal contract or grant when said conviction involves a drug offense occurring in the workplace. A copy of this statement shall be given to all employees assigned to a federal contract or grant.

4. The requirements outlined in this statement are in accordance with the provisions of the Drug-Free Workplace Act of 1988 and will be applied in accordance with the law, rules and regulations pursuant the act.

I acknowledge that I have read and understand the SIUE Statement of a Drug-Free Workplace.

_________________________________________________
Employee/Applicant Signature (Print Name and Sign)

Southern Illinois University Edwardsville Pre-employment Drug & Alcohol Testing Policy and Procedure

I. Why do we have a Drug Policy?

Southern Illinois University Edwardsville is committed to maintaining a drug and alcohol-free environment for its students and employees in compliance with applicable state and federal laws. Therefore, a pre-employment drug and alcohol policy is being implemented to:

• Insure the reputation of SIUE and its employees.
• Protect SIUE against litigation.
• Make sure drug-free workers are being hired.
• Discourage the use of drugs by employees and applicants thereby reducing criminal activity in our community.
• Prevent lost wages and increased expenses for absenteeism, tardiness, diverted supervisory time, temporary staff, turnover, under productivity, overtime pay, poor decision making, medical and workers’ compensation claims, insurance, physicians, hospitalization, the cost of replacing damaged equipment, and theft.

II. What are the Safety Issues?

The unlawful or unauthorized possession, use, distribution, dispensation, sale or manufacture of controlled substances or alcohol is prohibited on University premises. Improper use of drugs or alcohol can seriously injure the health of employees and students impair the performance of their responsibilities and endanger the safety and well-being of fellow employees, students and members of the general public.

III. Who’s Affected?

Beginning June 2004, job applicants will be screened for the use of illegal drugs and the illegal use of prescribed drugs at an independent lab of SIUE’s choice and at the hiring unit’s expense. The applicant may be required to take a drug and alcohol test before or after an offer of employment has been made and before their first day of employment. No employee may begin work until a drug and alcohol test yielding negative results has been completed.

Offers of employment will be rescinded and applicants will no longer be considered for employment for any of the following reasons:

• Refusal to execute the required consent/release form.
• Refusal to submit to the drug and alcohol test.
• Failure to show up to take the test.
• Failure to remain at the test site or cooperate until testing is complete.
• Substitution, dilution, or adulteration of the specimen.
• Test positive for the use of illegal drugs and/or alcohol.
• Failure to produce enough of a sample after being told ahead of time to expect the test [Inabilities due to medical conditions must be supported by a licensed physician with the expertise associated with the inability to produce a sample.]

When an applicant tests positive for the use of illegal drugs or the Illegal use of prescribed drugs, a medical review officer will contact the applicant to rule out the influence of prescribed and/or over the counter medications. The use of prescribed drugs that may influence test results will require support documentation from the prescribing physician. If the medical review officer determines that the use of prescribed or over the counter medications have had no influence on the positive test results, the applicant may request, at their own expense, a confirmation test on the copy of the sample held by the lab.

Negative test results from a test prior to the application process with SIUE will not be accepted.

IV. Lab Process/Requirements

Upon arrival at the lab, applicants will be required to present a State approved photo I.D. (such as a driver’s license).

The applicant must follow the guidelines provided by the collection technician and be prepared to produce a urine sample. Once the specimen has been successfully collected, it will be read by a certified technician. Negative test results will be reported to the employer within 48 hours after the specimen was collected.

Samples are identified by identification number to protect the applicant’s privacy. Lab employees and HR employees directly involved in the testing and results process are the only parties who will be allowed access to drug and alcohol testing information on applicants. This information will not be released to a third party unless required by law or at the request of the applicant.

V. Drug and Alcohol Testing for Current Employees

SIUE will require drug and alcohol testing on current employees for the following reasons:

Random/Reasonable Suspicion – For employees who are in security sensitive positions (those involving work with children, funds, master keys, or controlled substances) or for any employee who displays physical, behavioral, or performance indicators of being under the influence of drugs or alcohol.

During normal working hours supervisors will contact the Director of Human Resources or his designated representative (Extension 2190) upon reasonable suspicion of an employee being under the influence of drugs or alcohol.

After normal working hours supervisors will contact the Director of Human Resources via SIUE PD (Extension 3324) upon reasonable suspicion of an employee being under the influence of drugs or alcohol.

• Post-Accident – Employees involved in an accident while operating State-owned licensed or unlicensed vehicles if the accident results in injuries and/or fatalities or if the employee receives a citation under State or local law for a moving traffic violation arising out of the accident. Employees involved in an accident while operating a State-owned vehicle must notify their supervisor immediately following the accident. Failure to report an accident will results in disciplinary action.
• Missing Substance – Employees involved in the health care profession, who have access to controlled substances. When there is a medication administration/handling discrepancy, or when a substance is missing, all staff members who were involved in the handling of, or had access to, the missing substance will be immediately required to submit to a substance test.