Drug Screening Policy
I. Purpose: University of Findlay students have the opportunity to, and in some cases are required to, participate in clinical experiences and other experiential education programs to apply academic concepts to real-world situations and assist in achieving licensure in a particular field. Students involved in clinical experiences or experiential education programs may be involved in providing direct patient care, pharmacy services, professional services, student teaching, non-clinical internships or otherwise be involved in situations where safety is critical. In such cases, University of Findlay students have an ethical and professional duty to be drug and alcohol free to ensure the highest standards of safety, health, quality care, and efficiency. The University of Findlay views alcohol and other substances of abuse as serious threats to its students and to those they may come into contact with (such as patients, professional staff, and the visiting public) during experiential education experiences and external programs; accordingly, the University of Findlay is implementing this Drug and Alcohol Policy for the following purposes:
A. to establish and maintain a safer, healthier, and efficient environment for students and others involved in experiential education experiences and other external programs;
B. to reduce the incidence of accidental injury to persons and/or damage to property;
C. to reduce absenteeism, tardiness, and performance problems;
D. to establish guidelines to be followed when a student is suspected of drug and/or alcohol abuse.
II. Scope: This Policy is effective immediately and compliance with this policy is required for all students in designated Programs.
III. Definitions:
A. Programs – Programs of study in the following colleges: College of Arts, Humanities, & Social Sciences, College of Business, College of Education, College of Health Professions, College of Pharmacy, College of Sciences. For a complete list of programs, please visit:
1. Undergraduate Catalog: https://findlay.smartcatalogiq.com/en/current/Undergraduate-Catalog/Programs-of-Study
2. Graduate Catalog: https://findlay.smartcatalogiq.com/current/Graduate-Catalog/Programs-of-Study
B. Participants – Student participants in Programs.
C. Alcohol or Alcoholic Beverage – any substance that has an ethanol alcohol content in excess of 0.02% by volume.
D. Drug – any substance (other than alcohol) capable of altering the mood, perception, pain level, or judgment of the individual consuming it.
E. Prescribed Drug – any substance prescribed by a licensed medical practitioner for the individual using it.
F. Illegal Drug – any drug:
1. which is not legally obtainable by both state and federal regulations;
2. which may be legally obtainable but has not been legally obtained; or
3. which is being used in a manner or for a purpose other than as prescribed.
G. Controlled Substance – any narcotic, drug or drug-like substance in Schedules I through V of the Ohio Revised Code for which the sale, use, or possession is either unlawful or is being utilized outside of prescribed medical treatment. Such substances include, but are not limited to, cocaine, marijuana, heroin, barbiturates, benzodiazepines, and cough syrups with codeine.
H. Possession – to have on one’s person or in one’s personal effects or under one’s control.
I. Refusal – Refusal of any portion of the drug and alcohol screening process will result in disciplinary action, up to and including dismissal from the University.
J. Under the Influence – any student who is affected by a drug or alcohol, or combination of drug and alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of influence can also be established by a professional opinion, a scientifically valid test, and, in some cases, by a layperson’s opinion.
IV. Policy: It is the policy of the University of Findlay to prohibit Participants from participating in a Program while under the influence of alcohol or drugs, and to prohibit the unlawful possession, manufacture, distribution, transfer, processing, dispensation, or use of drugs, controlled substances, and/or the illegal use or abuse of alcohol by Participants. In addition to this Policy, the University’s Student Rights and Responsibilities statement applies. The University may take any disciplinary action it deems appropriate for violations of this Policy.
A. Required Consent: Implied
1. Participants shall be deemed to have agreed to consent to screening and other means of assuring that the work and learning environments are free from drugs and alcohol as required by this Policy.
2. Each Participant shall participate in such screening, as required, under the conditions set forth in this Policy.
3. Nothing in this Policy shall be construed to authorize the use of physical coercion or any other deprivation of liberty in order to compel breath or body fluid screening.
4. Each Participant shall be required to sign a written consent prior to the screening required in this Policy. Refusal to sign such written consent will restrict, or possibly prohibit, the Participant’s ability to participate in the Program(s).
B. Construction:
1. Nothing in this Policy creates a private right of action on the part of any person for enforcement of the provisions of this Policy or for damages resulting from non-compliance with this Policy. Participants may be subject to more stringent rules based on a particular Program.
C. Alcoholic Beverages:
1. Participants are not permitted to bring, sell, transfer, possess, consume, or be under the influence of alcohol while actively engaged in a Program activity, unless it is specifically required or permitted by the Program.
2. This Policy does not restrict Participants from these activities while they are not actively engaged in a Program activity, provided Participants comply with the University’s Student Rights and Responsibilities Statement and applicable federal and state laws.
D. Prescription Drugs and Over-the-Counter Drugs:
1. No prescription drug will be brought to a Program premises by any person other than the person for whom the drug is prescribed by a licensed medical practitioner, and shall be used only in the manner, combination and quantity prescribed.
2. The University will permit the legal use of over-the-counter medication, or drugs prescribed by a licensed medical practitioner, provided that such usage does not adversely affect the Participant’s performance or endanger the health and safety of the Participant or others. The University reserves the right to define “adversely affect” and may at its discretion send a Participant home that it deems may be adversely affected by the use of legally prescribed medications or drugs.
E. Illegal Drugs:
1. A Participant’s use of an illegal drug or controlled substance, the sale, trade, delivery, or possession of same, or being under the influence of same while actively participating in a Program will result in discipline and may result in referral to law enforcement authorities. The University’s Student Rights and Responsibilities Statement may also provide for discipline.
F. Safety of Programs, Experiential Education Site Rules, Breath, Blood and Urine Tests:
To increase safety of the Programs, Participants, and others involved in the Programs, the following rules apply to all Participants. Failure of a Participant to comply with a University request for screening will result in suspension from the Program and may result in further discipline.
1. Participants in Programs may or will be required by the University to undergo a drug screening test prior to participation as well as random or “with cause” drug screening throughout the Program.
2. Participants who are involved in an experiential education-related accident or who otherwise exhibit probable cause symptoms of alcohol or drug use while participating in a Program may be required by the University to undergo breath and/or urine sampling for substance detection.
a. Probable cause for a Participant to be required to undergo breath, blood and/or urine tests exists where a Program administrator and/or the Clinical Coordinator has a reasonable suspicion that the Participant is currently chemically impaired. The conduct or circumstances constituting reasonable cause will be determined using some/all of the following criteria:
b. Reasonable suspicion may include, without limitation:
i. Observed possession or use of substance appearing to be prohibited drugs.
ii. Arrest or conviction for criminal offense related to the possession or transfer of prohibited drugs or substances
iii. Observed abnormal appearance, conduct or behavior reasonably interpretable as being caused by the use of prohibited drugs or substances.
a. Among the indicators which may be used in evaluating a student’s abnormal appearance, conduct or performance are:
1. class attendance
2. significant GPA changes
3. physical appearance changes
4. academic motivational level emotional condition
5. mood changes
6. legal involvement
3. Initiation of Procedure
a. When collection of urine/breath for a drug/alcohol screen is deemed necessary, the Dean or designee and the employee’s supervisor (Manager/Director) will make arrangements for the screening.
b. Screening Sites:
i. For Participants located in the City of Findlay, screenings will be conducted at Well At Work; 3949 N. Main Street, Findlay, OH 45840; 419-425-5121.
ii. For Participants outside of the City of Findlay, screenings will be conducted through LabCorp; https://www.labcorp.com/.
4. Documentation and Forms Procedure
a. Participants will be required to sign consent for the drug/alcohol screening, as well as any chain of custody forms that the screening may require.
b. Participants may have a copy of any of the above forms upon request.
c. Refusal to sign the necessary forms will result in non-collection of the specimen(s) and documentation on the consent form as “refused.” This situation will be treated as a failure to comply with a University request for screening.
5. Specimen Collection – 10 Panel Screening
a. Specimen Collection will be completed according to the protocols of the screening center. Participants are required to follow the reasonable directions of screening employees to ensure the integrity of the sample.
6. Inability to Obtain Specimen
a. Participants who cannot provide a specimen within a three hour window will be referred to their family doctor, in order for the family doctor to provide a medical reason why the participant could not produce a specimen. The medical documentation is reviewed by the medical officer of the screening center. If there is a legitimate reason for inability to obtain a specimen, the medical officer will make note and report the finding to the University.
7. Reporting of Results
a. The University will obtain the results for Participants who are required to undergo screening.
b. Information for the drug screen is on a need-to-know basis. Confidentiality will be maintained in accordance with the Family Educational Rights and Privacy Act (“FERPA”).
c. Confidentiality
i. Confidentiality of the student will be maintained at all times.
ii. Attention to details for legal chain of custody and collection are a must. Any error will be reported to the University immediately.
G. Costs associated with Required Drug/Alcohol Screening
1. All costs associated with a required drug/alcohol screening will be the responsibility of the Participant.
H. Presumption of Impairment
1. If a Participant tests positive for alcohol ≥ 0.02, the University may then presume that the student was under the influence of alcohol within the meaning of this Policy.
2. If a Participant’s urine sample has tested positive for an illegal drug or a controlled substance
(after the confirmed test), the University may presume from the presence of the identified controlled substance that the employee was impaired by that controlled substance within the meaning of this Policy.
I. Guilty Pleas and Convictions for Violation of any Drug Statute:
1. Any Participant entering a plea of “guilty,” or convicted for violation of any drug statute, regardless of whether the offense occurred while actively participating in a Program, must report the illegal action to the Director of the Program within five (5) calendar days from the date of such action, and may not report to or return to the Program prior to notifying the Director of the Program. A Participant’s failure to comply with this provision will be deemed the refusal to comply with lawful directions of University officials acting in the performance of their duties and may result in suspension or removal from the Program, as well as any discipline provided by the University’s Student Rights and Responsibilities Statement.
J. Student Wellness Services
1. Information on Drug & Alcohol Services provided by the University
a. Counseling Services provides students with free counseling. Located at 307 Frazer St., Findlay, OH 45840, 419-434-4526.
b. The University’s Drug Prevention Program Policy can be found here:
https://findlay.smartcatalogiq.com/current/Undergraduate-Catalog/Copy-of-University-Policies/Drugs. The policy contains additional information concerning community resources.
2. Information on where to get assistance outside the University
a. Please check with your community Alcohol, Drug Addiction, and Mental Health Services
(ADAMHS) board for other treatment options.
3. Requests for rehabilitation assistance following violations of any law or of this Policy will not preclude disciplinary actions.
4. Leaves of absence for medical reasons relating to drug and alcohol use are available to students in accordance with University policy. Programs may have more stringent rules and/or program specific guidance than the University.
K. Confidentiality
1. The results of Participant physical examinations and breath, blood and/or urine screenings as well as notifications from Participants concerning any guilty pleas or convictions, will be treated as confidential and dissemination of such information will be limited to those having a legitimate educational interest pursuant to FERPA. Note that laws relating to licensure may require the University to report violations of this Policy to external licensing agencies, and agreements with clinical sites may require the University to report violations of this Policy to those sites.