Seton Hall University is committed to protecting the safety, health
and well-being of all employees and individuals in our workplace. As a
residential community with a significant number of individuals under
the age of 21 residing on our campus, we have an even stronger
commitment to insuring that our community is free of illegal drugs and
alcohol. We recognize that alcohol abuse and illegal use of drugs poses
a significant threat to our mission. We have established a drug-free
workplace program that balances our respect for individuals with the
need to maintain an alcohol- and drug-free environment.
This policy applies to all University employees (as defined below)
during all working hours and when conducting business or representing
the University on and off-campus.
It is the policy of Seton Hall University to maintain, to the extent
possible, a secure work environment that is free from the effects of
employees under the influence of unlawful drugs or abuse of alcoholic
beverages. The illegal manufacture, possession, distribution, purchase,
sale or use of prescription drugs and controlled substances or the
unauthorized use of alcohol on University premises or while on
University business is strictly prohibited. Reporting to work under the
influence of alcohol, illegal drugs and illegal use of prescription
drugs is also prohibited.
The use of alcoholic beverages is regulated primarily by the State of
New Jersey. The possession and use of any of the regulated beverages by
employees must be in compliance with state law and University policy.
Alcoholic beverages may only be consumed by those persons over the age
of 21 on campus in areas designated for officially sanctioned or
authorized campus events, such as alumni reunion events. Requests for
program authorization must be obtained in advance. Employees are
expected to comply with state law regarding the consumption and
possession of alcoholic beverages and to exercise good judgment when
using alcoholic beverages.
The University fully subscribes to the provisions of the Drug-Free
Workplace Act of 1988 and the Drug-Free Schools and Communities Act
Amendments of 1989. In compliance with these Acts, University employees
are hereby notified of the serious dangers associated with drug use in
One of the goals of our drug-free workplace program is to encourage
employees to voluntarily seek help with alcohol and/or drug problems.
If, however, an individual violates the policy, he or she will be
subject to disciplinary action up to and including termination of
employment. As a condition of continued employment, an individual may
be required to participate in a drug abuse assistance or rehabilitation
program. An employee required to enter such a program who fails to
successfully complete it and/or repeatedly violates the policy may be
terminated from employment. Nothing in this policy prohibits the
employee from being disciplined or discharged for other violations
and/or performance problems.
Controlled substances are listed in schedules I through V of section
202 of the Controlled Substances Act (21 U.S.C. 812) and are further
defined in regulation 21 CFR 1308.11-1308.15.
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 and alcohol statutes.
For purposes of this policy, any employee who performs services for
Seton Hall University whether on a regular full-time or part-time
basis, also including, but not limited to, work-study employees,
regular student employees, interns, practicum students, graduate and
teaching assistants and contractors.
An Employee Assistance Program provided by an outside vendor designed
to confidentially assist employees and their families with alcohol,
drug, emotional, family, financial, marital, or personal problems.
- Offers of employment to new employees will be contingent upon their
signing a copy of this policy certificating that they agree to abide by
the terms of this Drug and Alcohol-Free Workplace Policy. The signed
certification letter must be returned to the Department of Human
Resources within ten (10) days of receipt and will be retained in the
employee’s personnel file.
Students should refer to the Seton Hall Student Handbook for
information on the application of this policy. The Student
Handbook may be found here »
- To emphasize the importance of this policy, every employee will be
notified of this policy annually.
- Any employee or work-study student convicted of violating a
criminal drug statute must inform the Associate Vice President for
Human Resources or the Dean of Students of such conviction in writing
(as defined above) within five (5) days of conviction Failure to notify
the Associate Vice President for Human Resources or the Dean of
Students may result in termination of employment.
- Within thirty (30) days of receiving notice of the conviction, the
Associate Vice President for Human Resources or the appropriate campus
administrator may impose sanctions or remedial measures on the employee
or student worker.
- Violations of local ordinances or of state or federal laws
regarding controlled and/or dangerous substances, including alcohol, by
members of the University community may result in University
disciplinary actions regardless of where such violations occur.
- An employee who has self-disclosed a problem with alcohol or other
drugs may be referred to EAP or Counseling Services as appropriate.
Such disclosure will not excuse any inappropriate behavior in the
workplace relating to drug or alcohol use or abuse.
- An employee who suspects that another employee may be impaired and
not able to perform his/her job duties and responsibilities is
encouraged to immediately notify a manager/supervisor/department chair.
- The signs that may indicate substance abuse include, but are not
limited to, behavioral changes, absenteeism/lateness or impaired job
performance. More specific behaviors which may indicate a lack of
fitness for duty include lethargy, slurred or incoherent speech, or
speech which differs from the employee’s usual pattern, unusual odor on
breath, and/or accidents.
- Managers/supervisors/department chairs should not automatically
assume that certain behaviors are the result of drugs or alcohol. They
should immediately report unusual behavior or circumstances to the
Department of Human Resources.
- Managers/supervisors/department chairs are responsible for
administering this policy according to the regulations and procedures
identified herein. In addition, they are responsible for reinforcing an
employee’s understanding of the fitness for duty requirement and for
administering this policy in a fair, uniform and consistent manner.
Education and Training
To protect the vast majority of employees who do not misuse drugs or
alcohol and to insure that the University’s interests are properly
safeguarded, a program, which includes awareness, training,
communication, and employee assistance, will be conducted periodically.
The University recognizes drug abuse as a potential health, safety, and
security problem. To assist employees or students in overcoming drug
and alcohol abuse problems and/or to inform employees and students
about the dangers of drug and alcohol abuse in the workplace, the
University offers programs and resources to all employees. For
information about any of the following, faculty/staff should contact
the Department of Human Resources and students should contact the
Division of Student Affairs:
- Medical benefits for substance-abuse treatment
- Community resources for assessment and treatment
- Counseling and educational programs/resources of the
- Employee Assistance Program (EAP)
Employees or students who seek treatment for their drug and/or
alcohol disorder will be treated confidentiality to the extent
Implementation and Responsibilities
The Associate Vice President for Human Resources will be responsible
for implementing and monitoring the Seton Hall University Drug and
Alcohol Free Workplace Policy. When there are known incidents or reason
to believe that the University’s policy on substance abuse has been
violated, details concerning such incidents and the individuals
involved must be immediately reported to the Associate Vice President
for Human Resources or the Dean of Students.
It is also the responsibility of all Vice Presidents, Deans, Directors,
and Department Chairs to ensure that this policy is communicated and
implemented throughout the University to all employees and
The University reserves the right to offer employees or students
convicted of violating a criminal drug statute in the workplace,
participation in an approved rehabilitation or drug abuse assistance
program as an alternative to, or concurrent with, disciplinary action.
Within thirty (30) days after receiving notice that an employee or
student has been convicted of violating a criminal drug statute in this
workplace, the following sanctions or remedial measures will be imposed
upon that employee or student:
- Taking whatever necessary and appropriate corrective action against
such an employee or student, up to and including termination of
employment for employees and in the case of a students, whatever action
the Division of Student Affairs deems appropriate;
- Requiring such employee or work-study student to participate
satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal, state or local health, law
enforcement, or other appropriate agency;
- During and after participation in the assistance program, the
employee or student will be required to maintain an alcohol and/or
drug-free status in order to remain employed. The Division of Student
Affairs will monitor students’ participation and take whatever actions
may be necessary.
It is the goal of Seton Hall University to provide a safe,
productive work environment for our students and employees. On-going
compliance with this policy statement is required by all. Failure to
comply with this law may result in suspension of all federal grant
funding and suspension or debarment from future funding for Seton Hall
University. USCS 11145g.
The Department of Human Resources will periodically review this
- Determine its effectiveness and implement changes if they are
- Ensure that the sanctions herein developed are consistently
The University reserves the right to amend this policy at
This policy was amended and approved by Monsignor Robert Sheeran,
President, upon the recommendation of the Executive Cabinet on October
Effective date of this amended policy is October 29, 2009.
October 29, 2009