Human Resources
Waller Hall, First Floor
Willamette University
900 State Street
Salem, Oregon 97301
503-370-6210 voice
503-370-6570 fax
SECTION 11: APPENDIX
11.1 PROHIBITION OF HARASSMENT INCLUDING SEXUAL HARASSMENT
See http://www.willamette.edu/dept/hr/policy_harassment/index.html.
The University recognizes that alcohol, illegal drug and controlled substance abuse in the workplace has become a major concern. The University believes that prohibiting the use or influence of alcohol, illegal drugs and controlled substances in the workplace will improve the safety, health and productivity of our employees. The objective of the University's policy is to provide and maintain a safe and healthy workplace for all employees and to protect the students of the University.
Accordingly, the improper use, abuse, possession, distribution, manufacture, dispensation, purchase, transfer or sale of alcohol, controlled substances or illegal drugs by employees when on work time, on duty, on University premises or in other circumstances where an employee could adversely affect the University's reputation is prohibited. Employees must not report for duty, be on University premises or represent the University while under the influence of alcohol, illegal drugs or controlled substances.
On occasions where alcoholic beverages are served in conjunction with certain business or social events related to University business, employees should drink moderately and must be fit to perform their duties and other responsibilities in a safe and efficient manner. In addition, those who sponsor events where alcohol will be served may not advertise that alcohol will be present at the event.
An employee's use of a prescription or over-the-counter medicine can pose a significant risk to the safety of the employee and of others. Employees must report the use of medically authorized drugs or other substances that may impair job performance to their immediate supervisor and may be required to provide properly written medical authorization from a physician to work while using such authorized drug. It is the employee's responsibility to determine from the physician whether or not the prescribed drug would impair his/her job performance.
The University reserves the right to conduct employee drug and alcohol testing. The University has adopted a policy of reasonable suspicion drug and/or alcohol testing.
Reasonable Suspicion Testing. Employee drug and/or alcohol testing may be conducted whenever the University has a reasonable suspicion that an employee or a group of employees is under the influence of alcohol, illegal drugs or controlled substances.
Consent, Cooperation and Consequences. Individuals taking a drug and/or alcohol test must sign a consent form for the test that allows release of the test results to the University. Any employee who refuses to consent to drug and/or alcohol testing, tampers with a sample, tests positive or otherwise violates this policy may be placed on leave with or without pay until an appropriate disciplinary action is determined, which may be up to and including termination.
Inspections, Searches and Investigations. The University also reserves the right to inspect and search all University property for alcohol, controlled substances or illegal drugs or related paraphernalia.
Rehabilitation. The University attempts to provide employees the opportunity to deal with drug and alcohol related problems. Any employee who voluntarily requests assistance in dealing with a drug and/or alcohol problem is urged to seek professional counseling for an assessment and, if appropriate, to enter a treatment program. Generally, employees who self-refer to such programs before work performance problems arise will not be disciplined. Professional counseling and treatment programs for drug and/or alcohol problems may be available through University-provided health insurance. Any cost not covered by health insurance is the employee's responsibility. Generally, discontinuation of any involvement with drugs and/or alcohol is an essential requisite for participation in any treatment program.
As a result of disciplinary action arising from a drug and/or alcohol problem or as a condition of continued employment, an employee may be required to participate in a drug and/or alcohol treatment program. An employee who is so required will first be evaluated for drug and/or alcohol use by an accredited professional. An employee may be required to participate in follow-up care as part of a comprehensive drug and/or alcohol treatment program. Depending upon the nature of the conduct that led to the employee's mandated participation in a drug and/or alcohol treatment program, the employee may be required to submit to random blood and urine screening for drugs and/or alcohol for a specified period of time and to meet various performance standards that are imposed as a condition of continuing employment.
The University reserves the right to determine whether reasonable suspicion exists, the level of discipline to be applied and whether an employee should be given the opportunity to participate in a drug and/or alcohol treatment program.
Definitions. For the purposes of this policy, the following definition of terms is provided:
A. Alcohol: Means ethyl alcohol (ethanol). References to use or possession of alcohol include use or possession of any beverage, mixture or preparation containing alcohol.
B. Controlled substances: Means any substance (other than alcohol but including prescription medicine) that has known mind or function- altering effects that may impair or affect the ability to perform work, the access to which is controlled by law.
C. Illegal drugs: Any form of drug, narcotic, hallucinogen, depressant, stimulant, cannabis or other substance capable of creating or maintaining impairment or otherwise affecting one's physical, emotional or mental state; the sale, purchase, transfer, use or possession of which is prohibited by law.
D. Employee: Any individual who performs work for the University is subject to the provisions of these guidelines.
E. University premises: University premises includes all University property, facilities, parking lots, garages, workplaces, storage structures and University-owned vehicles and equipment.
F. Under the influence: A detectable level of alcohol, illegal drugs or controlled substances in an employee's blood or urine reported by the laboratory, or use of alcohol, illegal drugs or controlled substances that results in any noticeable or perceptible impairment of the employee's mental or physical faculties or job performance.
G. Reasonable suspicion: An observation or observations of an employee's condition or performance that indicates controlled substance, illegal drug or alcohol use that may impair an employee's faculties. Examples include altered work performance, appearance (including, for example, noticeable odor of an alcoholic beverage or marijuana), behavior or speech or involvement in or relation to an accident or incident or a "near miss" while in the course and scope of employment that results in or has the potential to result in physical injury or property damage.
Any questions about this policy should be referred to the Human Resources Office.
11.3 POLICY AND PROCEDURES FOR EMPLOYEE BACKGROUND CHECKS
Policy
Willamette University desires to provide to the students, faculty and staff a reasonably safe and secure environment and to provide reasonable protection for the financial and material assets of the University. It is appropriate in the employment process to screen persons for positions on the basis of specific criminal conviction records that raise a reasonable doubt as to an individual's fitness for a particular position.
This document outlines the procedure for employee background checks. The procedure is intended to insure the privacy of individuals while meeting the purpose of conviction record checks. This procedure will be followed when filling vacancies with new hires or internal transfers, in positions which are designated as sensitive as defined by access to students and/or financial and material assets of the University. This procedure may also be followed in other situations where its use is reasonable and deemed relevant to a specific employment decision. Employees who may be disciplined or discharged as a result of this procedure may appeal through the appropriate grievance procedure outlined in their respective employee handbook.
All newly-hired regular and temporary staff assuming positions identified as sensitive by the University will be subject to an employee background check. Current employees transferring into a position that has been identified as a sensitive position will be subject to such a check.
Guidelines
When the use of criminal conviction records is appropriate, within the scope of the Policy stated above, any such information must be reviewed and evaluated by the Director of Human Resources as to its relevance to the specific employment decision to be made. This evaluation shall consider,
but is not necessarily limited to, the following factors:
Falsification of application; date of conviction; subsequent employment record; length of University service and work performance (for transfers and internal promotions); number and gravity of the conviction(s) and the nature of the work to be performed; the potential opportunity through abuse of work-related functions or situations, to cause loss or harm to students, faculty or staff, or to the financial or material property of the University.
Existence of a conviction record will not automatically disqualify the applicant for employment. However, giving false information or omission of information may be grounds for denial of employment or discharge if hired.
Notification of Applicants
Applicants will be notified by the Human Resources office of the University's policy of checking criminal conviction records at the time initial application or transfer request is made. All internal job postings and external advertisements for positions identified as sensitive will indicate that the position is subject to a criminal conviction record check. A signed consent form will be obtained by the Human Resource office as part of the application process, but will not be forwarded to the appropriate agencies until such time as an offer of employment has been extended and accepted by an applicant or employee.
Procedures
1. After a conditional offer of employment has been extended and accepted by an applicant or employee, the Human Resources office will forward a consent form signed by the individual to the appropriate agencies depending on residence in the previous seven (7) years.
2. The employment or internal promotion of an individual can proceed on a temporary basis pending the return and disposition of the criminal conviction record check.
3. The record check information will be returned to the Director of Human Resources for review and recommendation.
4. If the record check indicates a record of conviction(s), the Director of Human Resources will meet with the head of the employing department and/or supervisor to review the information.
5. The Director of Human Resources and the supervisor will review the conviction record with the employee. Once the information has been discussed and verified, final determination of the course of action will be made.
6. After consultation with the Director of Human Resources and the Department Head, the VP/Dean will decide what action will be taken. The job requirements and the sensitive nature of the position will carry primary weight in the decision.
7. All information relating to a criminal conviction record check will be treated confidentially. Copies of criminal conviction records and any notes or documentation relating to a conviction record will be maintained separately in a locked file in the Human Resources office, and will not become part of any individual's personnel file.
8. The University expressly reserves the right to determine the preferred method of proceeding in each individual case.
Adopted June 6, 1996