The University of Oregon is committed to providing a safe and healthy learning environment for all members of its community. The university recognizes that compromised physical or mental health, or the improper use of alcohol or other drugs, may interfere with the university’s mission by negatively affecting the health and safety of employees and students. This Policy (1) establishes the expectation that employees and students can perform their responsibilities in a manner that protects their own and others’ safety and health, (2) outlines expectations related to the use of drugs and alcohol, and (3) complies with the Drug-Free Workplace Act of 1988 and the Drug-Free School and Communities Act Amendments of 1989.

Definitions:

“Controlled Substance” – Any substance found in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). In the event of a conflict between federal law and state law, federal law controls. Marijuana (cannabis) and its derivatives are controlled substances that, despite state law, remain illegal under federal law and are strictly prohibited on University Premises.

“Impaired” “Impairment” – The inability to perform duties in a safe, secure, and productive manner.

“University Premises” – includes all land, buildings, grounds, or other property owned, leased, rented, operated, or controlled by the university and adjacent sidewalks and streets. This term also includes university vehicles whether operated on or off campus and whether owned or leased.

Fitness for Duty Requirements:

The university expects employees and students to participate safely and effectively in work, class, and other university activities. Factors that may impact one’s ability to participate safely and effectively include, but are not limited to, impairment from drugs or alcohol or compromised mental, emotional or physical health.  

No employee or student shall report to work or class or engage in any university activity while impaired by alcohol, a Controlled Substance, or a legal or illegal drug.

Steps to address concerns related to an employee’s fitness for duty shall be made in consultation with University Human Resources, unless the situation precludes contact with Human Resources, in which case, such consultation must occur as soon as possible after. Steps to address concerns related to a student’s behavior shall be made in consultation with the Dean of Students Office.

It is expected that employees, students, and other members of the university community who are ill or contagious will use good judgment as it relates to taking care of their own health and minimizing exposure to others. A supervisor may make the determination, in consultation with University Human Resources, that an employee’s presence in the workplace endangers themselves or others as a result of illness or impairment and may require the employee to leave the workplace. Some units require employees to have current certifications, immunizations, or licenses related to health, safety, or professional standards. Failure to adhere to such requirements may result in a determination that the employee is unfit for duty.

The university may require a medical examination or fitness-for-duty certification from a health care provider for employees prior to, or as a condition for, their return to work as long as the review is job-related and consistent with business necessity.  This includes, but is not limited to, situations where an employee is exhibiting behavior that indicates that they are unsafe in the workplace or pose a direct threat to themselves or others.  For employees taking leave under the Family and Medical Leave Act (FMLA), the university will notify the employee if a fitness-for-duty certification is required for them to return to work. If the university provides the notice required, an employee who does not provide a fitness-for-duty certification and otherwise exhausts their protected leave is no longer entitled to reinstatement under the FMLA.

This Policy is not meant to supersede, modify, or otherwise change the university’s obligations under the Americans with Disabilities Act, as amended (ADA) and other laws. In the event that an employee is not fit for duty because of an underlying medical condition that qualifies as a disability, the university will take steps consistent with its obligations under the ADA. 
 

Prohibited Drug Use:

It is the policy of the University of Oregon to maintain a drug-free workplace and campus. The unlawful manufacture, distribution, possession, and/or use of Controlled Substances or other drugs, including unauthorized prescription drugs, on University Premises or as part of any university activity is strictly prohibited. Any person taking prescription drugs or over-the-counter medication is personally responsible for ensuring that while taking such drugs or medications they are fit for duty and not a safety risk to themselves or other members of the university community.

Federal law and this policy require that university employees notify the university within five (5) days should they be convicted of violating any criminal drug statute while at the workplace or on University premises. Employees shall give such notification in writing to their immediate supervisor with a copy to University Human Resources. If the employee is directly or indirectly engaged in the performance of a federal grant or contract, the university shall notify the granting or contracting agency within ten (10) days of receiving notice of the criminal drug statute conviction.
 

Prohibited Alcohol Use:

The University Oregon is committed to creating and maintaining an environment that is free from alcohol abuse. The university complies with federal and state law and other applicable regulations governing alcoholic beverages, including the prohibition on underage consumption of alcohol. The university expects that those who choose to include alcohol as part of their activities will do so responsibly and lawfully. Responsible drinking includes making sound judgments about whether, when, and how much to drink, understanding the health issues related to the consumption of alcohol, and avoiding excessive alcohol use that interferes with the university’s mission by negatively affecting the health and safety of students or employees.

Penalties:

The university may impose disciplinary sanctions against any employee or student found to have violated this policy and/or may require satisfactory participation in an approved drug or alcohol abuse assistance or rehabilitation program. Behavior related to prohibited alcohol and drug use is subject to the Student Code of Conduct, Policy III.01.01.
 

Drug-free Awareness:

The university, shall maintain a drug-free awareness program to inform employees and students about the dangers of drug abuse, the policy of maintaining a drug-free workplace, and the availability of drug counseling, rehabilitation, and other assistance programs. In addition, all employees and students shall receive descriptions of applicable legal sanctions under local, state, or federal law and health risks associated with the abuse of drugs and alcohol.

The university shall arrange for the distribution of materials mandated by law and this policy to new and existing employees and students respectively.