Policy Title: Alcohol and Other Drugs (Employee Policy)	Category: Human Resources and Institutional Equity
Owner: Human Resources & Institutional Equity	Policy ID#: 07.16.00
Contact: Senior Director of Human Resources & Institutional Equity Web: https://www.csupueblo.edu/human-resources-and-institutional-equity/index.html Email: hr@csupueblo.edu Phone: 719.549.2441	Effective Date: 12/5/2023

PURPOSE

Colorado State University Pueblo (CSU Pueblo) strives to provide a safe and secure environment for its faculty, staff, volunteers, and students, and one that promotes the acquisition of knowledge and nurtures the growth of the individual. Alcohol and drug abuse can lead to serious health problems for individuals and the community, and often plays a role in other serious risks such as accidents, violence, dating and domestic violence, and sexual assaults. The following alcohol and drug policy, with its emphasis on individual and shared responsibility, is adopted in this spirit, while at the same time fostering compliance with local, state and federal laws relating to the use of Alcohol other Drugs (including, but not limited to, the Drug Free Workplace Act of 1988).

POLICY APPLIES TO (Persons affected by)

This policy applies to all members of the university community who are subject to the jurisdiction and authority of the University with respect to matters of behavior and conduct. This includes, without limitation, faculty, administrative professionals, state classified staff, and all other employees (collectively, “employees”), affiliates, volunteers and visitors. Agents, contractors and subcontractors are subject to this policy while on university property.  This policy does not apply to students, except when they are acting in the capacity of a university employee.

EXEMPTIONS

This policy does not apply to bona fide, approved research projects utilizing Alcohol or Drugs in compliance with all applicable federal and state laws and regulations and university policies.

This policy does not prohibit the lawful use of Alcohol as part of a class curriculum (such as fermentation science or viticulture classes). Refer to Colo. Rev. Stat. (C.R.S.) § 18-13-122 for more information about this exemption.

DEFINITIONS

Alcohol or Alcoholic Beverage: Any substance which contains ethyl alcohol that is designed for the purpose of human consumption.

AOD: Acronym for Alcohol and Other Drugs.

Campus: All property, buildings and facilities of Colorado State University Pueblo, whether owned, leased or otherwise under the control of the University.

Cannabis or Marijuana: A plant used to produce hemp fiber and as a psychoactive drug, its parts and its derivatives containing tetrahydrocannabinol (THC).

Controlled Substance: As defined in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. 812, 21 CFR 1308.11-1308.15, or in Colorado Revised Statutes (C.R.S.) §18-18-102(5). These substances have a high potential for misuse and may lead to psychological or physical dependence. Among these are heroin and other opium derivatives, methamphetamines, marijuana, cocaine, fentanyl, and other mind-altering Drugs.

Drug: A Controlled Substance, prescription drug, or other medication or substance, other than Alcohol, that has the potential to induce intoxication or other mind-altering effects.

Employee: Any person in the employ of CSU Pueblo, including but not limited to faculty, administrative professionals, state classified employees, temporary employees, student employees while acting in that capacity, and any person acting as a volunteer for CSU Pueblo.

Illicit Drug: Any Drug that is illegally in the possession of or is illegally being used by a person.

Intoxicated or Impaired: To be under the influence of Alcohol or Drugs to such an extent as to adversely affect job performance, pose a threat to safety of oneself or others, or lose control of one’s faculties or behaviors.

Possession: Having or holding any amount of Alcohol or other Drug(s) on one’s person or in a place under their control.

POLICY STATEMENT

Drug Free Workplace:

The Drug-Free Workplace Act of 1988 requires CSU Pueblo, as a federal contractor and grant recipient, to certify that it will provide a drug-free workplace. As a condition of employment on such contracts and grants, Employees will abide by the terms of this policy. The unlawful manufacture, distribution, dispensation, possession, use, or sale in the workplace of a controlled substance, as defined by state or federal law, is prohibited. These prohibitions cover any individual's actions which are part of any university activities, including those occurring while on university property or in the conduct of university business away from the Campus.

The University will not condone criminal activity on its property, or on property under its direct control, and will take appropriate personnel action up to and including termination of employment, exclusion from Campus, and referral to law enforcement authorities for criminal prosecution.

All CSU Pueblo Employees are subject to the State of Colorado’s Universal Drug and Alcohol Policy for State Employees, in addition to this policy.

Prohibitions on Possession, Consumption and Impairment

The University prohibits:

1.  Underage Possession or Consumption  

The possession and/or consumption of Alcohol by persons under the age of 21 is prohibited anywhere on Campus. No person, regardless of age, shall provide Alcohol to anyone under age 21.

2.  Irresponsible Serving of Alcohol

When providing Alcohol to those of the legal age to drink, Employees must practice responsible serving procedures. Irresponsible serving procedures include, but are not limited to, providing Alcohol to intoxicated individuals, providing Alcohol to minors, allowing persons to drive who have been drinking, and creating environments conducive to overconsumption of Alcohol.

3.  Intoxication at Work

All Employees at CSU Pueblo are required to refrain from reporting to work or being subject to duty while their ability to perform job duties is impaired due to on- or off-duty use of Alcohol or Drugs.

An Employee who tests positive for metabolites of substances that are listed in the schedules of the Federal Controlled Substances Act and the State of Colorado Controlled Substances Act may be in violation of this policy.

This policy applies during all work hours, whenever conducting business or representing the University and while on-call or paid standby. If an Employee tests positive for Alcohol or Drugs during work hours, they may be in violation of this policy.

4.  Citations

Employees receiving citations for Driving While Impaired (DWI) or Driving Under the Influence (DUI) may also be disciplined by the University.

5.  Possession, Use, or Sale of Marijuana

Marijuana and its derivatives are Controlled Substances, and, despite state law, they remain illegal under federal law. Their use and possession on Campus and at CSU Pueblo events can put the University at risk of non-compliance with strict laws and regulations that carry severe penalties. All Employees are prohibited from using, possessing, or being under the influence of Marijuana on Campus, regardless of whether or not they hold a prescription for medical Marijuana.

6.  Drug Paraphernalia

Possession, sale or use of Drug paraphernalia on university property including, but not limited to, equipment, products, and materials that have been used or are intended to be used to cultivate, manufacture, distribute, or consume illicit drugs (including medical and recreational Marijuana and its derivatives) is prohibited. 

7.  Promotion and Advertisement

Marijuana industry promotions, advertising, marketing, and distribution are prohibited on Campus and with campus and educational activities.

8.  Prescription Medication

The distribution, dispensation, or possession of prescription medication that has not been prescribed by the individual’s licensed treating provider is prohibited. Individuals who have been prescribed medications (including Controlled Substances) may only use those medications as prescribed by their treating provider. Any other use or unauthorized sale is prohibited. All prescription medication must remain in the original labeled packaging provided to the individual to whom it was prescribed.

Alcohol at Events:

The University expects that those who wish 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 drinking or any other abuse of Alcohol.

Persons planning events on Campus should be mindful of the complexities introduced into planning an event with Alcohol. Event management issues such as the provision of refreshments, management of the participants or audience, security, insurance concerns, liability of participants, protection of minors, and other factors require serious attention for any event, especially when Alcohol is served. Event organizers must fully understand the University’s Alcohol and Other Drug policies and applicable laws and must manage their events accordingly. They also are expected to keep the safety and well-being of participants at the forefront of their planning and management of events.

Permissible Activities that May Include Alcoholic Beverages:

CSU Pueblo permits the lawful use of Alcoholic Beverages at events and in connection with activities on CSU Pueblo property, when certain circumstances and conditions are present. These include: 

When the activity takes place in a licensed restaurant, bar or other premises, such as the football stadium in the Da Brix at the Occhiato Student Center, or at a licensed off-Campus establishment.

When the activity takes place in another location on Campus and is catered by a food service company contracted by the University, that holds the appropriate liquor license, and prior approval from the responsible university department and the University President or President’s delegate has been received.

When service of Alcohol at the event is approved, in advance, by the department of Facilities and Events in accordance with the Event Scheduling and Facilities Use Policy.

Reasonable Suspicion of Intoxication

All Employees have an obligation to report to their supervisor if they observe another Employee appearing to be Intoxicated at work. Impairment may be marked by a person’s behavior, appearance or odor, or by observing that the individual is in possession of Alcohol or Illicit Drugs at work.

A supervisor who has reason to suspect an Employee of being intoxicated at work or subject to duty should document the reasons for the suspicion using the Reasonable Suspicion of Impairment Checklist for Supervisors. If, after completing the checklist, the supervisor concludes that the Employee may be intoxicated, the Employee must immediately be suspended from work and sent home in a safe manner (taxi, rideshare, or transportation by a sober individual) and told not to return until the start of their next shift when they are no longer Intoxicated.

The supervisor must not permit the Employee to leave in an unsafe condition, for example, by driving, biking or walking, and is required to contact law enforcement (Pueblo County Sheriff's Office) if necessary to prevent this from happening.

Employees may be subject to post-accident testing when they cause or contribute to accidents that seriously damage a state vehicle, machinery, equipment, or property and/or result in an injury to the Employee or another person requiring medical attention.

Duty to Report Conviction

Consistent with the Federal Drug-Free Workplace Act, any Employee who is charged or convicted of a criminal Drug violation occurring in the workplace must notify the CSU Pueblo Human Resources office in writing within five calendar days of the conviction. Federal contracting agencies will be notified within 10 days when appropriate.

Consequences and Personnel Actions

Any Employee who violates this policy is subject to disciplinary action up to and including termination of employment, or referral for satisfactory participation in an appropriate evaluation or rehabilitation program.

An applicant for employment at CSU Pueblo who violates this policy is subject to withdrawal of the offer of employment.

Violators of the policy may also be referred to the appropriate authorities for prosecution.

Resources for Those Seeking Assistance for Substance Abuse and Dependence

One of the goals of this policy is to encourage Employees to voluntarily seek help with Alcohol and/or Drug abuse problems. Supervisors should inform Employees about the Colorado State Employee Assistance Program (C-SEAP), which is available to provide professional counseling regarding substance abuse issues.

Employees may also be entitled to:

• Family Medical Leave: Employees afflicted by substance dependence may be eligible for leave under the Family and Medical Leave Act.
• Americans with Disabilities Act (ADA) Accommodation: All employees, including those who do not qualify for Family Medical Leave, may be eligible for job-protected leave or other reasonable accommodations under the ADA if they have a qualifying disability.
• Short-term Disability Insurance: Employees may be eligible to receive short-term disability insurance benefits if they are unable to work during a period of substance abuse treatment.

RELATED LAWS, POLICIES & PROCEDURES

Reasonable Suspicion of Impairment Procedures

FORMS

Reasonable Suspicion of Impairment Checklist

APPROVAL

Approved by Timothy Mottet, President, 12/5/2023