Employee Drug and Alcohol Policy

• This policy applies to all Faculty, Postdocs, Staff, and affiliates (collectively, “Covered Party” or “Covered Parties”).

This policy prohibits the illegal manufacture, possession, distribution, or use of alcohol or illegal controlled substances at work, reporting to or being at work (whether on-campus/in-person or remotely), or representing GW at events while under their influence. This includes use or possession during work time of recreational or prescription mushrooms, cannabis and THC-containing substances, or other drugs which may be legal under D.C. or state law but are still prohibited under federal law. Covered Parties should recognize that CBD and supplements containing CBD are unregulated and assume the risk that such substances may contain THC or other prohibited substances and may also result in the Covered Party being under the influence. The use of medications, such as prescription drugs, by Covered Parties during working hours, on university business, or during usage of university-owned property where such use impairs one’s ability to perform normal work activities is prohibited. Covered Parties must notify the Equal Employment Opportunity & Access Office (EEOA) or their supervisor if they are taking any legal medications that impairs their ability to perform their job responsibilities. Qualified employees with a disability who are taking medications may request a reasonable accommodation through EEOA.

This policy governs time during which:

• A Covered Party is working for the university, on university property (owned or leased) or offsite;
• An intern or volunteer is fulfilling their responsibilities in a university-sponsored program on university-owned or controlled property or offsite; or
• A Covered Party is providing services to GW on university-owned or controlled property or offsite.[1]

Alcohol

It is not a violation of this policy for covered parties who are aged twenty-one or over to engage in the responsible consumption of alcohol at a university-sponsored event, to the extent that such provision and consumption is otherwise permitted at the event and does not result in a Covered Party’s being under the influence or working while impaired. While at a university-sponsored event, Covered Parties must continue to comply with all applicable university policies and conduct rules.

Covered Parties in safety sensitive positions, including those who are required to drive, ride a bicycle, operate machinery or power tools as part of their job duties, or who are responsible for safety and security of the university community, may not consume any amount of alcohol at university-sponsored events if they are expected to resume their job duties shortly following the event.

The following are additional expectations regarding the consumption of alcohol at a university-sponsored event:

• Consumption of alcoholic beverages should only be through personal choice.
• Those who choose to consume alcoholic beverages should do so responsibly and in moderation.
• The responsibility for proper consumption of alcoholic beverages and compliance with the laws of the District of Columbia, Virginia, and/or Maryland rests with each individual employee.
• The misuse and abuse of alcoholic beverages, related behavior such as disorderly conduct, and destruction of property are prohibited.

Event hosts and sponsors are responsible for following all university policies as well as federal, state, and local laws that apply to the serving and/or selling of alcoholic beverages. Additionally, event hosts and sponsors must comply with the rules and guidelines set forth by GW Events and Venues.

Testing

The university reserves the right, upon the approval from Human Resource Management and Development (HRMD), to request a Covered Party undergo testing for alcohol or drug use under circumstances giving rise to: (1) a reasonable suspicion of being under the influence of alcohol or drugs; (2) as required for insurance purposes, (3) when an employee has been involved in an on-the-job accident while on university business and there is reasonable suspicion that drugs or alcohol may have been a factor; or (4) as required by law or other university policies. Testing will be conducted by a third-party provider. Covered Parties have the right to refuse testing, but a refusal may be construed as an admission of being under the influence and result in disciplinary action as appropriate.

The university may determine that a Covered Party is under the influence, and therefore potentially in violation of this policy, based on reasonable suspicion without a confirming drug or alcohol test, and take corrective action as appropriate. In any case, Covered Parties may rebut that presumption by providing the university with a negative test with a date and time stamp indicating the test was taken within 3 hours of the observed impairment. Covered Parties should submit these test results to the Equal Employment Opportunity & Access Office (EEOA) by emailing eeogwu [dot] edu (eeo[at]gwu[dot]edu).

Convictions/Criminal Charges Related to Drugs or Alcohol

The Drug-Free Workplace Act requires that employees notify the university within five (5) days if they are convicted under a criminal drug statute violation committed on university property or while on university business. Employees who have been convicted of such offenses must notify EEOA of the circumstances by email at eeogwu [dot] edu (eeo[at]gwu[dot]edu). Employees who are required to drive or operate machinery in the course of their job duties must notify EEOA within five (5) days of any conviction under criminal drug statutes or for driving under the influence of alcohol, regardless of whether the offense was committed on university property or while on university business.The Drug-Free Workplace Act further requires the University within ten (10) days after receiving notice that an employee has been convicted of any criminal drug statute violation occurring on university property or while on university business to notify appropriate government agencies of such convictions, and within thirty (30) days after receiving such notice, to take appropriate personnel action against such employee up to and including termination and/or to require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program.

The university cooperates fully with law enforcement authorities. Violations of university policy that are also violations of federal or local law will be referred to the appropriate agency. In such situations, action to address the infraction may proceed concurrently in the university and in the criminal justice system.

Enforcement

Noncompliance with this policy may result in disciplinary action up to and including termination or dismissal. Additionally, individuals may be referred to the university's Employee Assistance Program, the Well-being Hotline, and through that program, to a treatment and counseling program for alcohol or drug abuse, and continued or reinstatement of employment may be contingent on participation and/or completion of the program.

Resources

If a Covered Party is struggling with alcohol or controlled substance use, the university's Employee Assistance Program has resources to support them, including a 24/7 hotline, counseling sessions, and/or referrals to a treatment and counseling program for alcohol or drug abuse.

[1] While not governed by this policy, the university reserves the right to take appropriate disciplinary action against employees who violate applicable law where such violations do not occur on campus.