6.4.6 Drug and Alcohol Testing Policy Statement

It is the purpose of the Jackson State University Alcohol and Drug Testing Policy to promote a drug-free workplace in order that Jackson State University (hereinafter “University”), a Mississippi Institution of Higher Learning, will maximize the level of employee productivity and reach the desired level of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from substance abuse by employees. 
Existence of Legislation.  Alcohol and Drug testing is governed by statute under Miss. Code Ann. § 71-7-1, et seq.
Groups Included.  This policy applies to all Jackson State University employees, applicants, and institutional divisions made up of these persons.  The complete policy is available through the Division of Human Resources or the General Counsel’s Office during normal business hours.
Reasonable Suspicion Testing.  Reasonable suspicion testing applies to every employee when the University has objective reason(s) to suspect that individual may be using drugs or alcohol. 
Neutral Selection Testing.  Neutral selection testing applies to individuals with specific duties or within specific groups such as law enforcement, or any individual or group that monitors access to sensitive information or affects public health or safety.  While neutral selection testing does not single out individuals, it can be applied either randomly or to every employee in an institutional unit.   
Follow Up Testing.  If an employee has previously entered a drug or alcohol abuse program while in the course of his employment with the University or if a confirmed positive test resulted for an employee within the prior twelve (12) months, a follow up alcohol and/or drug test may be required.
Prohibited Substances.  The University may test for drugs or metabolites including the following:  marijuana, cocaine, opiates, amphetamines, phencyclidine, alcohol, and other controlled substances.  Testing for controlled substances not specifically named above can only be done if an appropriate federal agency has established an approved protocol and positive thresholds for each substance.
Posted Notice.  This “Alcohol and Drug Testing Policy Statement,” must be posted in an appropriate and conspicuous location on the University’s premises and copies of the policy will be made available for inspection during regular business hours.  This statement consists of approximately two pages.
Notice to Employees.  All employees, as distinct from applicants, must have been provided a written copy of the policy, or this “Alcohol and Drug Testing Policy Statement,” prior to 30 days before submission to a test under this policy.  Receiving the above-stated notice as an applicant will also satisfy this requirement as long as the notice was received over 30 days before the testing.
Notice For Applicants.  Upon application and prior to collection, an applicant shall be notified by the University in writing that such applicant may be tested for drugs or their metabolites. 
Release of Information Form.  A release of information form which conforms with the confidentiality provisions under the policy must be signed by the employee or applicant.  The form allows the disclosure of information to the employer.  Refusal to sign the form may result in discharge or discipline by the University.
Confidentiality. All information received by the University through its drug and alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in accordance with state law regulations.  Any information obtained by University pursuant to this policy shall be the property of University, and shall be kept confidential to the extent required by law.  If an employee refuses to sign a written consent form for release of drug testing information to University, University shall not be barred from discharging or disciplining the employee.
Opportunity to Self-Report.  Prior to testing, the employee will have the opportunity to confidentially report prescription or non-prescription medications.  Please ask for the “Medication Disclosure Form” from the University or similar form from the alcohol and drug test administrator.
Consequences of Refusal.  A person who is required under the University Alcohol and Drug Testing Policy to submit to a particular type of drug or alcohol test may be subject to discipline and/or discharge for refusing to submit to the drug or alcohol test.  Refusal under these circumstances will constitute insubordination and intentional non-compliance with University policy.  Refusal to submit for applicants may be used as grounds for not hiring that individual.
Positive and Confirmed Positive Test Results.  The University may temporarily suspend or transfer an employee to another position after obtaining the results of a positive initial test.  The University may discharge an employee after obtaining the results of a positive confirmed test.
Right to Contest Accuracy.  An employee who receives a positive confirmed alcohol or drug test may contest the accuracy of or explain that result.  The initial and confirmation tests will be at the University’s expense, but any additional costs for testing will be borne by the employee or applicant.
Discharge or Discipline.  The discharge or disciplining of an employee on the basis of a positive, confirmed drug and alcohol test shall be considered both “for cause” as well as “willful misconduct.”
Rehabilitation Information.  If the University determines that discipline or discharge is not necessary or appropriate following a positive confirmed test result, information on opportunities for assessment and rehabilitation will be made available to the employee.