Effective Date:  03/15/01

5.5 Employee Alcohol and Illegal Drug Use


General

The Georgia Institute of Technology (Georgia Tech) is committed to having faculty, staff, and administrators who do not engage in illegal alcohol and drug activities. Georgia Tech will take the necessary steps to comply with all federal, state, and local laws and policies, including the policies of the Board of Regents of the University System of Georgia, on the abuse of alcohol and drugs by its employees.

In compliance with the federal Drug Free School and Communities Act Amendments of 1989 and the Georgia Drug Free Post Secondary Education Act of 1990, Georgia Tech has established this policy on alcohol and illegal drug use. This policy applies to all departments, all faculty and staff (including contracted employees) and all job applicants. As a condition of employment, Georgia Tech faculty and staff agree to abide by the items of this policy.

It is the goal of Georgia Tech to educate its employees about wellness and the hazards of alcohol and drug abuse and to provide appropriate referrals to health professionals when problems are reported.

Policy

Standards of Conduct

In accordance with federal and state laws, and because of the potential detriment to the health and well-being of its employees, all employees (including full-time, part-time, temporary, and intermittent) are prohibited from engaging in the unlawful use, possession, manufacture, distribution, dispensation, and sale of alcoholic beverages, controlled substances (including marijuana) and other dangerous drugs on the campus of Georgia Tech (including all property owned or leased by Georgia Tech) and at all Georgia Tech activities, including approved off-campus events. Georgia Tech requires its employees to comply with all federal, state, and applicable local laws pertaining to the use, possession, manufacture, distribution, dispensation, and sale of alcohol and controlled substances including marijuana. Employees shall not use any substance in any manner that impairs performance of assigned duties or adversely affects Georgia Tech business.

A.    Alcohol

1.    The sale, distribution and consumption of alcoholic beverages in all academic buildings and spaces are specifically prohibited. Academic buildings are those in which the primary function is classroom instructional activity.

2.    At all events and activities that are sponsored or supervised by a recognized Georgia Tech organization or department, the sponsoring supervising organization:

a.    shall not serve or make available any alcoholic beverages to anyone, OR
b.    shall not invite or permit attendance of individuals under the lawful drinking age (21 in Georgia); OR
c.    shall be responsible for (1) checking identification of all individuals in attendance to ensure that alcoholic beverages are not served or made available to any individual under the lawful drinking age, and (2) obtaining prior authorization from the President or his designee, currently the Capital and Space Planning Office.

3.    If students are invited to attend an event at which alcohol is served, attendance at the event must be completely voluntary. Required attendance must never occur, and even the perception of, or encouragement of, required attendance should always be avoided.

4.    If Georgia Tech employees organize events or activities at which alcohol is served and at which students are present, they should consult and be aware of the policies contained in the "Georgia Tech Policy on Student Alcohol and Illegal Drugs." Copies of this Policy are available on the Student Affairs Web Site, the Dean of Students Office or the Georgia Tech Drug Policy Coordinator in the Office of Human Resources.

5.    Promotional Activities

The posted advertisement of alcoholic beverages on campus is not permitted. Campus publications are encouraged to eliminate all advertisement of alcoholic beverages.

No promotion or advertising on campus of incentive drinking ("happy hours", "2-for-1 specials", unlimited quantities of alcohol available or at reduced prices or free, events focusing on the consumption of alcohol, etc.) is allowed.

All campus organizations are encouraged to seek promotional sponsorship and support for campus events from vendors other than purveyors of alcoholic beverages, who target their products toward college age populations.

6.    Sanctions for Violation of Standards

Employee misconduct related to alcohol use or abuse in violation of this policy will not be tolerated. Any employee who violates this Policy, or any state or federal law or policy, regarding the use, possession, manufacture, distribution, dispensation, or sale of alcoholic beverages shall be subject to corrective disciplinary actions and penalties up to and including termination of employment and referral to appropriate federal, state, or local authorities for prosecution in the courts. Employees may be required, at the discretion of Georgia Tech, or as mandated by law, to participate satisfactorily in an alcohol abuse assistance or rehabilitation program.

Federal, state, and local sanctions for those convicted of violating laws prohibiting the unlawful use, sale, possession, and distribution of alcohol include heavy fines, incarceration for various periods of time including life, forfeiture of assets, and suspension or loss of driver, business, or professional licenses.  More detailed information on legal sanctions for illegal alcohol activity can be obtained from the Campus Drug Policy Coordinator in the Office of Human Resources at (404) 894-4164.

B.    Drugs

1.    Definition of Controlled Substance

Georgia Tech does not permit or condone the illegal use of controlled substances. Controlled substance means any drug or immediate precursor included in the definition of "controlled substance" in the official Code of Georgia Section 16-13-21 (4), including marijuana, or Schedules I through V of the Federal Controlled Substance Act [21 United States Code 812]. "Dangerous drug" is used as defined in the Official Code of Georgia Section 16-13-71.

2.    Sanctions for Violation of Standards

The sale, use, purchase, transfer or possession of an illegal drug by any employee while performing Georgia Tech business is prohibited. An employee who is convicted for the first time of any offense involving the manufacture, distribution, sale or possession of a controlled substance, marijuana, or a dangerous drug shall notify the Georgia Tech Drug Policy Coordinator in the Office of Human Resources (404/894-4164) of such conviction no later than five working days after the conviction. Any such employee shall at a minimum, be suspended from his or her employment for a period of not less than two months. Any such employee shall be required as a condition of completion of suspension to complete a drug abuse treatment and education program approved by Georgia Tech. Upon a second conviction, the employee will be terminated and made ineligible for any state employment for a period of five years.

Pursuant to Board of Regents Policy, if prior to arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, an employee notifies his or her immediate supervisor that he or she illegally uses a controlled substance, marijuana, or a dangerous drug; and, is receiving or agrees to receive treatment under a drug abuse and education program approved by Georgia Tech, such employee shall be eligible to retain their position for up to one year, provided such employee follows the treatment program.  Retention of such employee is conditioned upon satisfactory job performance and does not affect any disciplinary action for criminal conviction or drug related misconduct on the job. This option is available to employees only once during a five year period and shall not apply to any such employee who has refused to be tested or who was tested positive for a controlled substance, marijuana or dangerous drug.

Federal and state sanctions for those convicted of violating federal and state laws prohibiting the unlawful use, possession, or distribution of controlled substances or other illegal or dangerous drugs include heavy fines, incarceration for various periods of time including life, forfeiture of assets, and suspension or loss of driver, business or professional licenses. More detailed information on legal sanctions for abuse of drugs can be obtained from the Campus Drug Policy Coordinator in the Office of Human Resources at (404) 894-4164.

In addition to the sanctions mentioned above, employees violating this policy or any federal or state law or policy regarding the manufacture, distribution, dispensation, sale, possession or use of controlled substances or other dangerous drugs shall be subject to disciplinary action up to and including termination. Such employee may also be referred to the appropriate federal, state, or local authority for prosecution. An employee may be required, at the discretion of Georgia Tech, to participate in a drug abuse assistance or rehabilitation program.

Enforcement

Each member of the Georgia Tech community should be involved in the implementation of, and compliance with, this Policy.  Each individual retains responsibility for his or her actions at all times regardless of his or her mental or physical state, even if altered by alcoholic beverages.

The head administrator of each department or organization bears primary responsibility for ensuring that the organization's activities comply with this Policy.   Administrators are expected to report any violations of this Policy to the Campus Drug Policy Coordinator in the office of Human Resources (404/894-4164).

Health Risks of Alcohol and Drug Abuse

The abuse of alcohol and other drugs can alter behavior, distort perception, impair thinking, and impede judgment.  Alcohol and drug abuse might also result in various diseases, illnesses, and even death.  The specific effects of drug abuse can be obtained from the Campus Drug Policy Coordinator at (404) 894-4164.

Drug and Alcohol Counseling, Treatment and Rehabilitation Programs

Georgia Tech operates programs that provide information and referral to professional services for its faculty and staff on matters related to the abuse of alcohol and drugs.   The Faculty and Staff Assistance Program, FSAP (404/894-1225) makes confidential referrals to clinics, physicians, and agencies.  The Faculty and Staff Assistance Program is provided at no cost to employees; however, the clinics, physicians, or agencies to which an employee is referred may charge for their services.   The Office of Human Resources also conducts programs to educate and assist individuals who take the initiative to help themselves.

Policy Review

This Policy shall be reviewed biennially by the Georgia Tech Campus Drug Policy Coordinator in the Office of Human Resources to determine its effectiveness, to ensure that the disciplinary sanctions are consistently enforced, and to implement changes as appropriate.

Policy Distribution

The Georgia Tech Campus Drug Policy Coordinator is responsible for ensuring that this Policy is distributed annually to each employee of Georgia Tech.