C15.2 Faculty/Staff Alcohol and Drug Policy
Application: This policy applies to all employees.
RIT, in compliance with the Federal Drug Free Workplace Act of 1988, is committed to providing a safe and healthy environment free from drug and alcohol abuse.
Reporting to work inebriated or becoming inebriated while at work is prohibited. This prohibition applies at RIT-sponsored activities and during the supervision of students at off-campus activities. The manufacture, distribution, dispensing, possession, or use of alcohol in violation of local, state or federal law is prohibited at RIT.
The manufacture, distribution, dispensing, possession, or use of a controlled substance in violation of local, state or federal law is prohibited at RIT. An investigation will be made and appropriate actions taken for violations occurring within RIT environs or at RIT sanctioned events.
Employees using legal medications should inform their supervisor or department head if the effects of the medication could interfere with their ability to perform the job in a safe and efficient manner. In this case, the supervisor or department head should attempt if necessary to provide a safer working environment for the affected employees until the use of the medication is no longer required.
The following definitions comply with the Federal Drug Free Workplace Act of 1988.
Alcoholic Beverage - Any beverage defined as "alcoholic" by the New York State Alcoholic Beverage Control Law.
Controlled Substances - Any item or substance, natural or synthetic, defined as a controlled substance by Schedules I-V of both the a) New York State Public Health Law, Section 3306 and b) the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C., Section 801.
Marijuana - Any item or substance defined as cannabis or a derivative thereof by both a) the New York State Public Health Law, Section 3302 and b) teh Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C., Section 801.
Precursors to Controlled Substance - Unlawful possession of chemical elements with the intent to manufacture controlled substances, as defined in the New York State Penal Law, Article 220.60.
Drug Related Paraphernalia - Possession, sale, or use of items and instruments used in the manufacture, packaging, or administration of controlled substances, as defined in the New York State Penal Law, Articles 220.45; 220.50; 220.55.
An employee whose performance on the job reasonably suggests that the employee is in violation of this policy should be informed of the university policy by the employee's supervisor or department head.
The supervisor or department head should then follow the guidelines below:
If it appears that the employee may need medical attention as a result of the apparent condition, an ambulance ((585)475-3333 or text (585)205-8333) should be called. Public Safety and Human Resources should also be updated once an ambulance is called.
If the employee appears to be unable to function normally or perform their work in a safe and/or effective manner, the employee should stop work activities immediately and Public Safety and Human Resources should be contacted.
Employees holding a Commercial Driver's License, and who perform a safety sensitive function will be required to submit to a drug test immediately.
Human Resources, in coordination with Public Safety, will conduct a thorough investigation of the incident. Once completed, Human Resources will work with the employee's direct manager (and other leadership as appropriate) to determine the appropriate path forward. Violations of this policy will be addressed through appropriate disciplinary action, up to and including termination; and/or the employee may be required to satisfactorily participate in a drug abuse assistance or rehabilitation program approved by a federal, state or local health, law enforcement or othe appropriate agency.
Supervisors or department heads who knowingly allow anyone under their supervision to violate this policy and/or work while inebriated or under the influence of illegal drugs will also be subject to disciplinary action.
If criminal charges are brought and an employee is convicted of a criminal drug statute for a violation occurring in the workplace, the following steps must be taken in order to be in compliance with the Federal Drug Free Workplace Act of 1988:
The convicted employee must notify their supervisor within five (5) working days.
The associate vice president of Human Resources (and the principal investigator, if appropriate) must be notified within (10) ten working days of the conviction.
If the employee is paid from a federal grant or contract, proper notice will be provided to the appropriate contracting agency.
Employees who believe that these procedures have been unfairly or improperly implemented in their regard are referred to the Faculty Grievance Procedure (E24.0) or the Staff Grievance Procedure (E30.0).
Additional information regarding RIT's Drug Free Workplace Statement for Faculty/Staff may be found at https://www.rit.edu/fa/humanresources/content/drug-free-workplace.
Department of Human Resources
Approved 5/13/98 to replace Policy C15.0
Edited August, 2010
Edited January 2020
Revisions approved by University Council December 1, 2021