Nebraska State College System Policies

Faculty Agreement (SCEA)

Professional Staff Agreement (NSCPA)

Support Staff Agreement (NAPE)

Anti-Harassment Policy — Board Policy 5007

Drug-Free Workplace Policy — Board Policy 5006

Guidelines For Reasonable Cause Drug And Alcohol Testing — Board Policy 5009


Board Policy 5007 – Anti-Harassment Policy

It is the policy of the Nebraska State College Board of Trustees to provide a workplace free of tensions involving matters which do not relate to the System’s business. In particular, an atmosphere of tension created by unlawful non-work-related conduct, including ethnic, racial, sexual, age, disability, or religious remarks, animosity, unwelcome sexual advances, or requests for sexual favors and such other conduct does not belong in the State College workplace or learning environment.

Unlawful harassment of students, employees, job applicants, or any visitors to a campus by other employees or students is prohibited. Unlawful harassment includes, without limitation, verbal harassment (derogatory comments and/or slurs, negative stereotyping, intimidating behavior), physical harassment (assault or physical interference), visual harassment (posters, cartoons, drawings, or improper written or graphic material), and innuendo.

Sexual harassment is a violation of state and federal law. It includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct, or visual forms of harassment of a sexual nature when submission to that conduct is either explicitly or implicitly made a term or condition of employment or is used as a basis for employment decision. Further, other forms of unlawful harassment include actions that have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

The purpose of this policy is to establish clearly and unequivocally that the Nebraska State College System prohibits unlawful harassment in any form by and of its employees and students and requires the Colleges and System Office to set forth explicit criteria and procedures by which allegations of such harassment may be filed, investigated, and adjudicated. Such criteria and procedures are to be consistent with federal regulations pertaining to employees and students as well as the principles stated in this policy.

Such campus procedures shall provide that if any employee or student has reason to believe that they or another employee or student has been unlawfully harassed, that person should report the violation to a supervisor or any administrative employee. If the reporting person feels that the supervisor does not give satisfactory results or if the supervisor is considered to be part of the problem, any other administrative employee should be contacted.

Any complaints reported will be kept confidential to the extent possible and the reporting person shall be assured that no negative consequences will be suffered as a result of bringing concerns to management attention in good faith. All complaints are to be promptly and thoroughly investigated. If the investigation reveals that unlawful harassment at work or on campus has taken place, disciplinary action is to be immediately taken against the appropriate person or persons.

In addition to having an explicit policy prohibiting unlawful harassment of any type and clearly and regularly communicating this policy to employees and students, the colleges should train and sensitize their employees and students on the issues of unlawful harassment, sexual abuse, and child molestation as well as their rights and the procedure to use to raise these issues. The Colleges should also develop and implement an effective complaint procedure by which employees and students can make their complaints known.

Policy Adopted: 10/26/84
Policy Revised: 3/11/94
Policy Revised: 9/17/04

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Board Policy 5006 – Drug-Free Workplace Policy

The Board of Trustees recognizes and affirms its responsibility and commitment to maintain a drug-free workplace environment. In accordance with this responsibility and to ensure worker safety and workplace integrity, under the Drug-Free Workplace Act of 1988, (41 U.S.C. §701), and the Drug-Free Schools and Communities Act of 1989, (20 U.S.C. §1145g), the Board prohibits the illegal manufacture, possession, distribution or use of controlled substances or alcohol in the workplace by its employees or those who engage or seek to engage in business with the State College System.

The term “controlled substance” refers to a controlled substance as defined by the Federal Controlled Substances Act (21 U.S.C. 801 ) et seq, or Nebraska Drug Control Laws, Neb. Rev. Stat. 28-401 et seq.

In an effort to bring about a drug-free workplace in the System and to assure employees of a workplace free from illegal drugs and their effect, the Board through its College administrations will implement the following Drug-Free Workplace Policy and standards of conduct.

SCOPE: Applicable to all employees.

POLICY: It is unlawful to illegally manufacture, distribute, dispense, possess, or use a controlled substance, drug paraphernalia or alcohol in the workplace. The Board, therefore, establishes a drug-free workplace policy for its employees.

STANDARDS OF CONDUCT

The Board has formulated the following standards of conduct for its employees which prohibit the following acts:

  1. Unauthorized use, possession, manufacture, distribution or sale of illegal drugs, drug paraphernalia or alcohol on College premises or while on College business or at College activities, or in College supplied vehicles either during or after working hours;
  2. Unauthorized use, possession, manufacture, distribution, or sale of a controlled substance as defined by the Federal Controlled Substances Act, (21 U.S.C. 801) et seq, or Nebraska Drug Control Laws, Neb. Rev. Stat. 28-401 et seq., on College premises, or while engaged on College business or attending College activities, in College supplied vehicles, either during or after working hours;
  3. Storing in a locker, desk, vehicle, or other place on College owned or occupied premises, any unauthorized controlled substances, drug paraphernalia or alcohol;
  4. Possession, use manufacture, distribution or sale of alcohol or illegal drugs off College premises that adversely affects an employee’s work performance, safety or the safety of others;
  5. Violation of State or Federal laws relating to the unauthorized use, possession, manufacture, distribution or sale of alcohol, controlled substances or drug paraphernalia;
  6. Failure to report within five (5) days any criminal drug or alcohol statute citation, arrest or conviction occurring in the workplace to his or her immediate supervisor. The supervisor will immediately report such citation, arrest or conviction to the President or designee.

PROCEDURE

  1. All employees, including part-time student employees, and each new hire will receive a copy of this policy.
  2. Each employee will receive a drug abuse awareness form which will state it is unlawful to manufacture, distribute, dispense, possess, or use a controlled substance or alcohol in the workplace unless alcohol is allowed at an event authorized and hosted by the President as outlined in Board Policy 8035. Each employee will sign and date this statement certifying that he or she:
    1. Understands and will abide by the drug-free workplace policy; and
    2. Has knowledge of disciplinary actions which may be imposed for violations of the drug-free workplace policy.
      The signed and dated statement will be provided to the Director of Human Resources. The signed and dated statement will be permanently maintained in the employee’s personnel file.
  3. All current employees will receive drug and alcohol abuse awareness training. New hires will receive the training within the first six (6) months of date of hire. This training shall include:
    1. A definition of drug and alcohol abuse;
    2. Information on specific drugs and alcohol and the effects of drug and alcohol abuse;
    3. Dangers of drug and alcohol abuse in the workplace;
    4. Availability of counseling and treatment services; and
      E. Disciplinary actions which may be imposed on employees for violations of this policy.
  4. If an employee violates the drug free workplace policy, disciplinary action may be imposed according to established Board policy and procedures. Disciplinary action shall include one or more of the following actions:
    1. Referral to an assistance program for evaluation and assessment to determine the appropriate treatment for rehabilitation; and/or
    2. Participation in a drug rehabilitation program; and/or
      C. Termination of employment.
    3. If an employee is convicted of violating any criminal drug statute while in or at the workplace, he or she will be subject to discipline up to and including termination. Alternatively, the College may require the employee to successfully complete a drug abuse program sponsored by an approved private or governmental institution at the employee’s expense.
  5. If an employee is convicted of violating any criminal drug statute while in or at the workplace, he or she will be subject to discipline up to and including termination. Alternatively, the College may require the employee to successfully complete a drug abuse program sponsored by an approved private or governmental institution at the employee’s expense.
  6. If the employee is hired on federal contracts or grants, as a condition of employment, the College shall notify the Federal granting agency within ten (10) days after receiving notice of an employee’s drug or alcohol statute conviction.

Policy Revised: 6/2/11

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Board Policy 5009 – Guidelines For Reasonable Cause Drug And Alcohol Testing

The Board of Trustees has a vital interest in maintaining a safe, healthy, and efficient work environment. Being under the influence of alcohol or illegal drugs on the job poses serious safety and health risks to the user, to all those who work with the user, and to others in the community such as students.

To maintain a safe, healthy, and efficient workplace for all of its employees, and to protect the College’s property, information, equipment, and reputation, this policy gives notice of the intent to test for alcohol and illegal drug use when cause exists in the workplace to conduct such a test.

The purpose of this testing program is to help in the treatment and elimination of alcohol and illegal drug use and abuse in the workplace while protecting employee rights.

Any testing program implemented pursuant to this policy shall strictly conform to the provisions outlined in The Nebraska Drug Testing Act, Sections 48-1901 to 48-1910 of the Nebraska Revised Statutes, relating to drug and alcohol testing of employees. The provisions outlined in the Act relating to the methods employed to test, and the use, requirements, release, and disclosure of test results, specimen preservation, and chain of custody, shall control the manner in which this testing program is conducted.

All employees are required as a condition of employment to abide by the terms of this policy as well as applicable state and federal law. In addition, an employee shall notify the College administration if convicted of violating any criminal drug statute while in the workplace or on College premises no later than five days after such conviction.

An employee’s consent to submit to drug or alcohol testing is required as a condition of employment and the employee’s refusal to consent following a request to test for reasonable cause may result in disciplinary action, including discharge, for a first refusal or subsequent refusal. The costs of any such tests shall be borne by the College.

This policy applies to all full and part-time employees, including student employees.

DEFINITIONS

  1. Alcohol means any product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, synthetic ethyl alcohol , including but not limited to beer, wine or spirits, and alcohol used in the manufacture of denatured alcohol, flavoring extracts, syrups, or medicinal, mechanical, scientific or culinary and toilet preparations.
  2. College property, premises or facilities means all property of the College including, but not limited to, the offices, facilities, structures, work areas and surrounding campus areas on College-owned or leased property, including parking lots, and storage areas. The term also includes College owned or leased property or equipment including vehicles owned, operated, leased, or under the control of the College wherever located.
  3. Drug means any substance, chemical, or compound as described, defined, or delineated in Neb. Rev. Stat. §28-405 and 28-419 or any metabolite or conjugated form thereof.
  4. Drug testing means the scientific analysis of urine, blood, saliva, or breath.
  5. Illegal drug means any drug which is not legally obtainable; or any legal drug being used at a dosage or for a purpose other than recommended by the manufacturer or other than intended by the manufacturer, unless prescribed by a physician for use.
  6. Legal drug means any prescribed drug or over-the-counter drug that has been legally authorized and is being used for the purpose for which prescribed or manufactured.
  7. Reasonable, proper, sufficient or just cause means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job due to alcohol or drug impairment. Such inability may include, but not be limited to, decreased quality or quantity of the employee’s productivity, judgment, reasoning, concentration and/or psychomotor control, and marked changes in behavior. Accidents, deviations from safe work practices, and erratic conduct indicative of impairment are examples of “reasonable cause”.
  8. Under the influence means a condition in which a person is affected by a drug or alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech and difficulty in maintaining balance, or an obvious odor of alcohol. A determination of being under the influence can only be as the result of a scientifically valid test, such as urinalysis or blood analysis.
  9. Possession means to have on one’s person, in one’s personal effects, in one’s vehicle or otherwise under one’s care, custody, or control.
  10. Refusal to test means that an employee fails to provide adequate breath for alcohol testing without a valid medical explanation, or the employee fails to provide an adequate urine, blood, or saliva sample for controlled substances testing without a genuine inability to provide a specimen and as determined by a medical evaluation, or the employee engages in conduct that clearly obstructs the testing process.

PROCEDURE

Supervisory Training

Supervisors are to be trained in:

  1. The rationale and specific details of this program.
  2. The supervisor’s specific responsibilities including detecting the signs and behavior of employees who may be using drugs or alcohol in violation of this policy.
  3. Ways to recognize and deal with employees who have job performance problems that may be related to drugs or alcohol, including intervening in situations that may involve violations of this policy by recommending participation in a drug and alcohol abuse prevention program or counseling through the Employee Assistance Program.
  4. Training programs will be offered annually by outside instructors specially trained in workplace drug and alcohol abuse programs. All training shall be documented.

Employees are to be informed of:

  1. The health and safety dangers associated with drug and alcohol use.
  2. The provisions of this policy.
  3. The College will provide each employee a copy of the policy, and obtain written acknowledgement from each employee that the policy has been received and reviewed. This policy will also be referenced in the employee’s handbook and be available on the College’s website.

DISCIPLINE

  1. Any employee who is found to be in possession of or under the influence of alcohol or illegal drugs while on College property will be subject to discipline up to and including discharge, unless the possession or use of alcohol is in conjunction with a College sponsored event that is expressly authorized by the President. A determination of being under the influence cannot occur without a certified positive test result.
  2. Any employee who is found through drug or alcohol testing to have in his or her body any amount of an illegal drug or alcohol at a level which adversely impacts performance while at work or on College property shall be subject to discipline up to and including discharge except that, depending on the circumstances of the case, the employee may be offered a one-time opportunity to enter and successfully complete a rehabilitation program that has been approved by the College administration. Any subsequent drug/alcohol test that results as positive during or following rehabilitation shall result in discharge.

REHABILITATION AND EMPLOYEE ASSISTANCE
Rehabilitation assistance in lieu of discharge may be offered on a one-time basis:

  1. To any employee who has violated this policy for the first time provided that the violation does not involve illegal activity and/or other serious misconduct.
  2. Employees may be allowed a leave of absence for treatment. Employees participating in a rehabilitation program shall be entitled to use their accumulated but unused vacation or other accrued leave time. Nothing herein shall be construed to diminish any rights which may apply under the ADA, FMLA or other relevant laws or the employer’s right to take appropriate disciplinary action.
    1. Recommendation for intervention, counseling, or rehabilitation will not be made by the employer without certified positive test results. The testing vendor will contact the employee to discuss the results. A copy of the test results shall be provided to the employee.

REQUIREMENTS TO TEST

  1. Two (2) supervisors trained, pursuant to this policy, must articulate and substantiate specific signs and behaviors indicating probable drug or alcohol use in the form of a written statement.
  2. In a private setting, the employee will be asked to explain the suspected behavior and describe the events that took place. Supervisors must note what can be observed and objectively documented as it relates to physical signs and symptoms of probable drug or alcohol abuse.

    Supervisors must determine if there is a reasonable belief that drugs or alcohol are a factor in the incident.

  3. All documentation related to the for-cause test, including justification, and key decision makers, must be submitted to the HR Director or assignee who will carefully consider and document all evidence supporting a request to perform drug and alcohol testing prior to the scheduling of any test.
  4. If the HR Director or assignee grants the testing request, the employee shall be notified and consequences for failure to submit to a request for screening shall be explained to the employee.
  5. When reasonable cause exists for testing an employee, the examination for drug or alcohol use shall be scheduled immediately and conducted as soon as possible.
  6. Both supervisors, or their designees, are to transport the employee to the testing facility in a College vehicle. Time spent conducting the test will be considered work time and the employee will be paid for this time. After the specimen has been collected, the supervisors or designees will transport the employee home or permit a family member or friend to do so. Allowing an employee who is reasonably believed to be under the influence of drugs or alcohol to drive home may create unnecessary liability exposure for the College.
  7. All confirmatory tests shall be performed by a clinic, hospital, or laboratory which is certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, 42 U.S.C. 263a.
  8. The College will pay for the cost of alcohol and drug tests.

DETERMINATION FOR TESTING
Factors to be considered include but are not limited to the following:

  1. Documented pattern of unsatisfactory work performance, with evidence of drug or alcohol related behavior.
  2. Physical signs and symptoms consistent with substance abuse.
  3. Evidence of illegal substance use, possession, sale, or delivery while on duty.
  4. Occurrence of a serious accident or potentially serious accident for no apparent reason.
  5. Flagrant violations of established safety, security or other operating procedures for no apparent reason.
  6. Erratic or violent behavior.

NOTE: Anonymous tips must be taken seriously, but should not be the sole reason to initiate a request for a specimen. Hearsay alone is not an acceptable basis for reasonable cause referral.
PROCEDURE FOR CONFIRMATION OF TESTS

  1. If the employee’s initial drug and/or alcohol test is positive, a confirmation test shall be immediately administered from the same sample.
  2. If the employee’s initial drug test is positive, the employee will be placed on paid leave of absence, pending a confirmation of the employee’s specimen if there is a delay between the initial test and the confirmation test.
  3. If a positive drug and/or alcohol test is not confirmed, the employee’s job status will be restored.

GROUNDS FOR DISCIPLINARY ACTION, INCLUDING BUT NOT LIMITED TO DISCHARGE

  1. Any second confirmed positive test for illegal drug or alcohol use.
  2. Refusal to be tested for alcohol or drug use.
  3. Employee failure to provide a testing specimen.
  4. Tampering with test.
  5. Conviction of selling alcohol or illegal substances on College-owned or leased property.
  6. Conviction of a felony or misdemeanor involving off-site sale or distribution of illegal substances while employed in the State College System.
  7. Repeat DUI conviction.

CONFIDENTIALITY

  1. The employer will notify the employee if the results of the test are negative. If test results are positive, the testing facility will contact the employee to discuss the results, including the confirmation test.
  2. All alcohol and controlled substances testing will be performed by an independent contractor. Testing procedures will conform to both federal and Nebraska law and will be incorporated into and made part of this policy. The procedures are designed to protect the employee and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee.
  3. All records maintained by the College pursuant to this Policy are strictly confidential. Employee information contained in these records may not be released except as required by law or as expressly authorized by the employee.
  4. Records specific to the employee may be obtained by the employee upon the employee’s written request.
  5. Records will be released to a subsequent employer when requested in writing by the employee. This disclosure is limited to the specific records authorized in the employee’s written request.
  6. Records may be released in a lawsuit, grievance or administrative proceeding initiated by or on behalf of the employee, arising out of a test administered pursuant to this policy or a determination that the employee engaged in prohibited conduct. Such proceedings include, without limitation: workers’ compensation, unemployment compensation or other benefit-related proceedings. The College may also disclose information that indicates that the employee refused to test in accordance with this Policy.
  7. Records may be released to any other person when authorized in writing by the employee. The information released is limited to the specific information in the employee’s authorization.

Policy Adopted: 4/13/07
Policy Revised: 3/25/11


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