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4.31         Drug-Free Environment and Controlled Substances  

          A.     It is the policy of the Board of Regents, State of Iowa, to provide a drug-free workplace and learning environment for students and employees of Regent institutions and the Board Office.  The unlawful possession, use or distribution of controlled substances by students and employees on property owned or leased by a Regent institution or in conjunction with a sponsored activity of an institution governed by the Board is strictly prohibited.  

          B.    The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance at any institution under the governance of the Board of Regents, State of Iowa, or at any activity sponsored by a Regent institution is prohibited.  Violations of this policy shall result in sanctions pursuant to appropriate institutional procedures for employees or students.  

          C.    The Board of Regents recognizes that the abuse of controlled substances, including alcohol, can interfere with the ability to perform important functions physically, mentally and socially.  All employees are expected and required to report to work in an appropriate mental and physical condition to carry out their responsibilities safely and effectively, absent any impairment because of use of controlled substances and alcohol.  Failure to comply by the employee with this expectation may result in serious disciplinary sanctions, up to and including the termination of an individual’s employment. In cases in which an institution has probable cause to believe an employee’s ability to perform the employee’s duties is impaired due to the use of alcohol or controlled substances, the institution should confront the employee and require testing and/or treatment, to the extent permitted by law.  Failure to comply by the employee would be the basis for serious disciplinary action.  Dependency upon controlled substances and/or alcohol is also recognized as an illness that poses a major health problem as well as presenting other serious safety and welfare implications for employees and students on the campus.  

          D.    Institutions governed by the Board shall make available to students and staff educational programs directed toward the elimination of substance abuse.  Employees with drug or alcohol problems are encouraged to use employee assistance programs or other community-based assistance programs as appropriate.  Students are encouraged to seek assistance via appropriate counseling programs.  

          E.    Pursuant to the Drug-Free Workplace Act of 1988, employees must report any conviction under a criminal drug statute for violations occurring while conducting official business on or off Regent premises.  Such a report must be made within five days following the date of conviction.  

          F.     The State University of Iowa, Iowa State University of Science and Technology, University of Northern Iowa, Iowa School for the Deaf, and the Iowa Braille and Sight Saving School shall develop institutional policies consistent with the Board policy.  Such institutional policies shall be disseminated to employees and students.  

          G.    Pursuant to the U.S. Department of Transportation regulations implementing the Omnibus Transportation Employee Testing Act of 1991, employees in safety sensitive aviation, motor carrier, or mass transit positions in Board of Regents institutions will be required to submit to mandated alcohol and drug testing, consistent with regulations.