SDSU Research Foundation (SDSURF) maintains a workplace that is free of illegal or abusive drug use.

The following policies and standards of conduct apply to all employees either on SDSURF property or during the workday (including meals and rest periods). Behavior that violates this policy includes, but is not limited to: Unlawful manufacture, distribution, dispensation, possession, promotion, sale or use of alcohol, illegal or controlled substances, illegal drug paraphernalia or look-alike (simulated) drugs while performing work for SDSURF or while on SDSURF/University property and while operating or responsible for the operation, custody, or care of SDSURF/University equipment, vehicles or other property; or while responsible for the safety of others. Violation of this policy will not be tolerated. SDSURF also may bring any activity in violation of this policy to the attention of appropriate law enforcement authorities.

SDSURF expects each employee to perform his/her duties safely and competently. Employees who are under the influence of drugs or alcohol on the job compromise SDSURF’s interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems.

Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications. Employees must, however, consult with their doctors about the medications' effect on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to their supervisor.

Fitness For Duty Examinations and Testing

SDSURF reserves the right to require its employees to submit to a physical examination or clinical testing procedure designed to detect the presence of drugs or alcohol when there are reasonable grounds to believe that the employee is under the influence of or improperly using drugs or alcohol in violation of this policy. The testing procedures for cannabis will comply with California law (AB 2188).

Employees who drive SDSURF vehicles on a regular basis, transport passengers as part of their jobs, work with children, work in a medical setting, or perform sensitive work in connection with certain contracts may be required to undergo such physical examinations or clinical testing procedures as a condition of continuing employment. Applicants for such positions may also be required to undergo pre-employment physical examination or clinical testing. Employees who hold any of these positions will be notified of the need for testing/ screening. SDSURF will advise applicants for these positions in advance if testing/screening is required.

All required physical examinations or clinical testing procedures are at the expense of SDSURF.

Inspections

In order to enforce this policy, SDSURF reserves the right to conduct searches of its property or employees and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy. SDSURF reserves the right to inspect or authorize University personnel or other worksite authorities (including campus police) to inspect desks, lockers, vehicles and/or related personal items (i.e. briefcases, purses, tote-bags, lunch boxes) located on SDSURF, University or other worksite property, with or without prior notice, provided that such inspections shall be conducted only in those circumstances where there is reasonable suspicion to believe that prohibited drugs or drug paraphernalia will be found in or on the property inspected.

Employee Assistance

SDSURF recognizes the importance of reasonably accommodating employees with drug and alcohol dependencies to seek treatment and/or rehabilitation. Employees who require time away from work to participate in a recognized treatment or rehabilitation program will be accommodated in accordance with State or Federal regulations along with the SDSURF Leave of Absence policy.

SDSURF is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug or alcohol use, nor is SDSURF obligated to re-employ any person who has participated in treatment and/or rehabilitation if that person’s job performance remains impaired because of dependency. Also, employees given the opportunity to seek treatment and/or rehabilitation but fail to overcome their dependency or problem will not automatically be re-employed. This policy is not intended to affect the treatment of employees who violate the regulations described herein. Rehabilitation is an option for an employee who acknowledges a dependency and voluntarily seeks treatment to end that dependency.

Disciplinary Action

Any employee who violates this policy, or who refuses to cooperate with any aspect of this policy, is subject to appropriate disciplinary action up to and including termination.

Responsibility

The SDSURF Director of Human Resources or his/her designee is responsible for the administration of this policy and acting as a resource for Employee Assistance Programs. Supervisors are responsible for reporting any incident of suspected substance abuse to the Director of Human Resources.

As a condition of continuing employment, each employee is responsible for notifying the SDSURF Department of Human Resources if (s)he has been convicted of violating an alcohol or drug statute in the workplace. Such notification must be given within five days of the conviction. When required by federal law, SDSURF will notify any federal agency with which it has a contract of any employee who has been convicted under a criminal alcohol or drug statute for violations occurring in the workplace.

Approved by the Foundation Board of Directors on March 14, 1989. Revised November 3, 1989, March 1, 1992, February 14, 1997, and May 5, 1999. Updated 12/15/2009, updated January 2019 and January 2020.

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