Drug-Free Environment

Policy 14.5

Related Policies

I. Reason for Policy

This policy outlines the responsibilities, reporting obligations, and disciplinary processes required to maintain a drug-free environment for both employees and students at Dakota State University (DSU), in full compliance with the South Dakota Board of Regents (SDBOR) Policy 4.7.1, the Drug-Free Workplace Act of 1988, and the Drug-Free Schools and Communities Act Amendments of 1989. Nothing in this policy abrogates the applicable requirements of the Americans with Disabilities Act.

II. Definitions

III. Statement of Policy

Visit the SDBOR 4.7.1 policy above for additional details.

Visit DSU Sale of Alcohol on University Property 5.2 for additional details.

1. Responsibilities
   1. Drug-Free Environment for Employees. The Vice President for Human Resources (HR) shall execute the policy for a drug-free environment for employees through monitoring, reporting, communications, and education.
   2. Drug-Free Environment for Students. The Vice President for Student Affairs shall execute the policy for a drug-free environment for students through monitoring, reporting, communications, and education.

Exclusions

N/A

Exceptions

None

IV. Procedures (Major)

1. Employee Procedures. These procedures apply to all DSU employees, including faculty, non-faculty exempt staff, civil service employees, and student employees, regardless of funding source or employment classification.
   
   1. Annual Employee Notification. Each year, Human Resources shall distribute a written statement via email or employee portal to all employees that includes the following:
      1. A copy or summary of SDBOR Policy 4.7.1;
      2. Legal sanctions for illegal drug/alcohol use;
      3. Health risks associated with alcohol, marijuana, and controlled substances; and
      4. Available employee assistance, counseling, or rehabilitation programs.
   2. Policy Distribution to Federally Funded Employees. Employees assigned to any federal grant or contract must be individually provided with a copy of the SDBOR drug-free workplace policy at the time of assignment. Human Resources shall document and retain distribution in the employee’s personnel file.
   3. Employee Obligation to Report Drug Convictions. Any DSU employee convicted of a criminal drug statute violation that occurs in the workplace must notify the VP for HR (or designee) via confidential email or written notices delivered to HR within five (5) calendar days of the conviction.
   4. Federal Agency Notification. Upon receipt of a reportable conviction, the VP for HR (or designee) shall notify the VP for Research and the appropriate federal agency if the employee is funded by a federal contract or grant. This notification must occur within ten (10) calendar days of receiving the employee’s report.
   5. Corrective Action within 30 Days of Reportable Conviction
      1. DSU will take appropriate personnel action, which may include disciplinary measures up to and including termination.
      2. If not terminated, the employee will be required to participate in a drug rehabilitation program at their own expense.
      3. HR shall confidentially document and maintain actions taken in HR records.
   6. Disciplinary Process
      
      1. Employee disciplinary actions shall be governed by the following:
         
         1. BOR Policy 4.3.1 and 4.4.8
         2. ARSD 55:10:07:01
         3. Second Violation Clause: Unless extraordinary circumstances exist, a second violation of this policy shall constitute just cause for termination.
   7. Law Enforcement Referral
      1. Any infraction determined to be a felony under South Dakota or federal law shall be referred to law enforcement authorities.
      2. Referral does not delay internal disciplinary proceedings.
   8. Rehabilitation Resource Information. HR shall maintain and make available information regarding drug or alcohol assessment, counseling, rehabilitation, or re-entry programs as outlined by the South Dakota Bureau of Human Resources. This includes Employee Assistance Programs (EAPs) available through the state.
   9. Biennial Compliance Report. The VP for HR (or designee) shall prepare and submit the federally required Drug-Free Schools and Communities Biennial Report to the Board of Regents designated representative. The report shall include the following:
      1. A summary of cases handled
      2. Program effectiveness review
      3. Recommendations for improvement
   10. Record Retention. All records related to compliance, including acknowledgment forms, disciplinary documentation, and federal notices, shall be retained by the Human Resources Office in accordance with state retention policies.
   11. Non-Retaliation. Employees who report violations in good faith or seek voluntary assistance prior to a violation shall not be subject to retaliation. However, this does not excuse existing policy violations.
2. Student Procedures. The major procedures to execute a drug-free environment for students are housed in two primary sources:
   1. SDBOR Student Code of Conduct. The University implements the requirements and processes pursuant to SDBOR Student Code of Conduct 3.4.1.
   2. Residence Life Handbook. The University implements procedures relative to a drug-free environment for students as prescribed in the Dakota State University Residence Life Handbook.

V. Related Documents, Forms, and Tools

Alcohol & Other Drug Resources

Residence Life Handbook

VI. Policy History

Adopted: 09/04/2002

Revised: 10/20/2025