In accordance with the Federal Drug-Free Workplace Act of 1988, and other laws and Southwestern University polices, the University undertakes certain actions and adopts various procedures relating to the misuse of controlled and other substances in order to provide a drug/substance free workplace. The University has adopted the policy which is applicable to all University full-time, part-time and seasonal employees, and contractors.

Southwestern University realizes its commitment to provide a healthy environment to the University community in which informed decisions are made and responsible behavior maintained. For this reason, Southwestern University prohibits the manufacture, distribution, dispensation, solicitation for, sale of, possession or use of a controlled substance, narcotics, illegal drugs, prescribed drugs or medication abused or used in a manner which has not been authorized or appropriate, or inhalants by any University or contract employees at any time on the University’s premises or when conducting any and all University business. No employee of Southwestern University or person employed by a contractor shall report to work or perform work in a condition of impairment resulting from the use or taking of any substance that is banned by this policy or that is unlawful. The University retains the right to make decisions or act in connection with persons who manufacture, distribute, dispense, solicit for, sell, possess or use a controlled substance, narcotics, illegal drugs, prescribed drugs or medication which are abused or used in a manner which has not been authorized or appropriate, or inhalants away from their place of employment.

Persons taking legally prescribed medications which might result in a condition of impairment while at work are asked to confidentially notify Human Resources. The

University strictly complies with the Americans with Disabilities Act and related laws.

For purposes of clarity, the following definitions are provided in accordance with the Federal Register:

• “Controlled substance” means a controlled substance indicated in schedules I through V of the Federal Controlled Substance Act (21 U.S.C. 812), and as further defined by regulation 21 CFR 1308.11 through 1308.15. Marijuana is a controlled substance, for example.
• “Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
• “Criminal drug statute” means a federal or state statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
• “Drug-Free Workplace” refers to any site or location at which a University employee (or contractor) performs any duties on behalf of the University, at which employees (or contractors) are prohibited from the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance.

There are certain state and federal legal sanctions and penalties for the unlawful possession or distribution of controlled substances. For more information, please refer to applicable state and federal internet sites.

All persons covered by this policy may refer to the Drug Enforcement Agency’s Drugs of Abuse for additional information. A Memorandum of Understanding between the Texas Department of Public Safety and the Texas Higher Education Coordinating Board is also found at the end of this policy.

Consumption and Use of Alcohol

The possession, consumption, purchase or sale of alcohol on Southwestern University premises is prohibited, unless at a University-sanctioned event. Furthermore, no employee shall be under the influence of alcohol while performing University business on or off campus if such use or influence may affect the safety of the employee, co-workers or members of the public, the employee’s job performance, or the safe or efficient operation of the University,

Any employee whose positions with the University require driving University equipment or vehicles as a part of their work, or who may use personal vehicle while doing University business, may be removed from such positions if found to have been driving under the influence of alcohol whether on duty or off.

Disciplinary or other action may be taken against any employee for violation of this policy as the University deems appropriate. The University retains the right to ban from University property any person employed by a contractor who violates this policy. Any disciplinary action to an employee of the University will depend on the circumstances, but could include immediate termination of employment or could consist of requiring the employee to successfully complete a drug abuse assistance or rehabilitation program. As required by the law, each employee must, as a condition of employment, abide by the terms of this policy. Co-employees are expected to confidentially report to the Human Resources department any violation of this policy by another employee or person covered by this policy. Any employee who is convicted (defined as a “conviction” herein) under criminal law of substance abuse while on University property or while performing duties for the University must notify the Human Resources department as provided in the section entitled “Notification of Convictions” below.

NOTE: Employees are required to report to work and remain at work in condition to perform assigned duties free from the effects of alcohol or drugs. Employees who appear to be under the influence of alcohol, illegal drugs or controlled substances shall not be permitted to work, as their business judgment, personal safety, work performance or the safety of others may be impaired.

Support for Employees

The University has an Employee Assistance Program (EAP) to provide employees with information and resources to help them manage personal issues, including challenges with drugs or alcohol. Information about the EAP is in the benefits section of the HR webpage.

Additionally, the University’s group health insurance program pays for certain costs associated with drug and alcohol counseling and treatment on an inpatient and outpatient basis.

Notification of Convictions

Employees must, as a condition of employment, abide by the terms of this policy and applicable law, and report any conviction (as defined above) under a criminal statute for violations occurring on or off the University premises while conducting University business. A report of a conviction must be made within five (5) days after the conviction to their immediate supervisor. The immediate supervisor will immediately inform the Associate Vice President for Human Resources. Within ten (10) days of learning of an employee’s criminal conviction for illegal drug activity within the workplace, the Associate Vice President for Human Resources will notify the Federal government of such conviction. Within thirty (30) days of learning of an employee’s criminal conviction for illegal drug activity within the workplace, the Associate Vice President for Human Resources will take appropriate action. (This requirement is mandated by the federally legislated Drug-Free Workplace Act of 1988).

Biennial Review of the Program

The University will conduct a biennial review of the program to: (1) determine its effectiveness and implement changes to the program, if needed, and (2) ensure that University disciplinary sanctions are consistently enforced. Notwithstanding, the University may change, alter or amend this policy at any time.

 

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Memorandum of Understanding
between the
Texas Department of Public Safety
and the
Texas Higher Education Coordinating Board

 

Pursuant to Texas Health and Safety Code, Section 481.0621 (b), the Texas Department of Public Safety (DPS) and the Texas Higher Education Coordinating Board (THECB) enter into this memorandum of understanding in order to establish the responsibilities of the DPS, the THECB, and the public or private institutions of higher education for implementing and maintaining a program for reporting information concerning controlled substances, controlled substance analogues, chemical precursors, and chemical laboratory apparatus used in education or research activities of institutions of higher education.

1. DEFINITIONS

   1. Agent – any peace officer or other person who is authorized by law to enforce or administer state or federal drug laws.

   2. Central Location – location within an institution of higher education where records are maintained.

   3. 21 CFR, Part 1301 – 21 Code of Federal Regulations, Part 1301 to End, providing for the Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances and any amendments to these regulations hereafter adopted. 

   4. Client – any person or entity to which DPS has issued a permit authorizing the purchase, sale, transfer or furnishing of a controlled item.

   5. Controlled Glassware – condensers; distilling apparatus; vacuum dryers; single, two-and three-necked flasks; distilling flasks; Florence flasks; filter funnels; Buchner funnels; separatory funnels; Erlenmeyer flasks; round-bottom flasks; thermometer flasks; filtering flasks; Soxhlet extractors; and adapter tubes made of glass.

   6. Controlled Item – precursor chemicals and laboratory apparatus listed in Texas Health and Safety Code Section 481.002 (51) and 481.002 (53) and as named by rule by the Director of the Department of Public Safety pursuant to the Texas Health and Safety Code Section 481.077(b) and 481.080(c).

      The table below lists the controlled items as of September 1, 2005.  

      Precursor Chemicals	Laboratory Apparatus
      1. Methylamine	A. Condensers
      2. Ethylamine	B. Distilling apparatus
      3. D-lysergic acid	C. Vacuum dryers
      4. Ergotamine tartrate	D. Three-necked flasks
      5. Diethyl malonate	E. Distilling flasks
      6. Malonic acid	F. Tableting machines
      7. Ethyl malonate	G. Encapsulating machines
      8. Barbituric acid	H. Filter funnels, buchner funnels, and separatory funnels
      9. Piperidine
      10. N-acetylanthranilic acid	I. Erlenmyer flasks, two-necked flasks, single neck flasks, round-bottom flasks, Florence flasks, thermometer flasks, and filtering flasks
      11. Pyrrolidine
      12. Phenylacetic acid
      13. Anthranilic acid	J. Soxhlet extractors
      14. Hypophosphorus acid	K. Transformers
      15. Ephedrine	L. Flask heaters
      16. Pseudoephedrine	M. Heating mantles
      17. Norpseudoephedrine	N. Adapter tubes
      18. Phenylpropanolamine
      19. Red phosphorus

       

   7. Controlled Substance – a substance, including a drug, an adulterant and a dilutant as defined by the Health and Safety Code, Chapter 481, the Texas Controlled Substances Act.

   8. Controlled Substance Analogue – (1) a substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, or 2 of the Texas Health and Safety Code, Chapter 481, Texas Controlled Substances Act; and (2) a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in Schedule I or II or Penalty Group 1, 1-A,  or 2 of the Texas Health and Safety Code, Chapter 481, Texas Controlled Substances Act.

   9. DPS – Department of Public Safety Narcotics Service Regulatory Program that is charged with the regulation of controlled substances and items listed in this MOU.

   10. Institution of Higher Education or Institution – this term includes an institution of higher education, as defined in Texas Education Code, Section 61.003(8), a private or independent institution of higher education, as defined in Texas Education Code, Section 61.003(15), and a private postsecondary educational institution, as defined in Texas Education Code, Section 61.302(2).

   11. MOU – memorandum of understanding as required by the Texas Health and Safety Code, Section 481.0621(b).

   12. Nar-22 – form prepared and issued by DPS Narcotics Service to clients to report sale, transfer, or furnishing of a controlled substance or item. 

   13. Site – a specific location at an institution where controlled items are utilized and/or stored.

   14. THECB – Texas Higher Education Coordinating Board.

   15. Unacceptable Discrepancy – any difference in the amount on hand and the amount documented that cannot reasonably be explained by accidental or normal loss.

2. PROCEDURES

   Institutions of higher education in Texas shall adopt procedures in compliance with this MOU.   When requested, the DPS shall provide technical advice to the institution or site, and educational materials or presentations if funds and personnel are available. 

3. RECORDS AND REPORTS

   1. The site shall maintain all purchase order records, in accordance with the minimum retention requirements established by the Texas State Library and Archives Commission, of the incoming controlled substances, controlled substance analogues, precursor chemicals and laboratory apparatus (including controlled glassware) covered in this MOU that have been purchased or received by the site or central location.

   2. An institution or site that discovers a readily unacceptable discrepancy, loss, pilferage or theft of a controlled substance, controlled substance analogue, precursor chemical or laboratory apparatus (including controlled glassware) shall submit a written report of the incident to the appropriate law enforcement agency no later than 5 business days after the date of discovery of the discrepancy, loss, pilferage or theft.  The institution shall forward the report to DPS within 5 additional business days after the report is submitted to the appropriate law enforcement agency.

   3. Upon request, the DPS shall assist the law enforcement agency conducting an investigation regarding the pilferage or theft of the controlled substance,  precursor chemical, or laboratory apparatus named in this MOU.

   4. The DPS may request that an institution or site provide a duplicate of any record(s) covered by this MOU and the institution or site shall provide such record(s) within 10 business days of the request. The record(s) may be provided in electronic or hard copy form.

4. SALE, TRANSFER OR FURNISHING OF CONTROLLED ITEMS

   1. The institution or site shall prohibit the sale, furnishings, or transfer of controlled items, including glassware, covered by this MOU to any person or entity not holding a DPS permit, unless the recipient is specifically exempted by law or rule.

   2. The institution shall report to the DPS on a Nar-22 form or any form mutually agreed upon by all parties, every sale, furnishing or transfer of a controlled item leaving the institution.  The site shall submit these reports to the DPS within 30 days of the furnishing or transfer of the controlled items.  This report shall include the name, address, telephone number, permit number (if applicable), driver license number, and date of birth of the client receiving the controlled items.

5. CONTROLLED SUBSTANCES AND CONTROLLED SUBSTANCE ANALOGUES

   1. The institution or site is responsible for complying with the established procedures as required in 21 CFR, Part 1301 to End and as required by any amendments to 21 CFR Part 1301.

   2. Upon request, the DPS shall provide technical advice to the institution or site regarding the inventories required in 21 CFR, Part 1301 to End.

   3. Upon request, the DPS shall assist the law enforcement agency conducting any investigation regarding any significant loss, pilferage or theft of the controlled substances or controlled items contained in this MOU.

6. AUDITS AND INSPECTIONS

   The institution or site shall permit any DPS agent to conduct audits and inspections of all records made in accordance with the MOU at any reasonable time and shall not interfere with the discharge of the agent’s duties.

7. SECURITY AND STORAGE

   The institution or site shall ensure the security of the controlled items by cost-effective means that afford a reasonable sense of safety and accountability, such as electronic records keeping and physical security. In addition, the institution or site shall require that the controlled substances and precursor chemicals are stored in accordance with recommendations of the manufacturer, the Texas Commission on Environmental Quality and the Federal Environmental Protection Agency.

8. CONTACT PERSON(S)

   Each institution or site shall appoint one or more individuals, as needed, to be responsible for implementing the security measures established by the institution or site.  The institution shall annually provide a list of these individuals to the DPS and shall ensure that these individuals serve as the contact between the institution and the DPS. The initial list of contact persons shall be provided within ninety (90) days after the effective date of this Memorandum of Understanding.