7. Appendix

7.1 Drug-Free Workplace

7.1.1 Introduction

In order to comply with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989, this written program has been established for Roanoke College. All divisions and sections of the College are included within this program. Copies of this written program will be available in the following locations:

Financial Aid Office
Human Resources Office
Psychological Health Roanoke Advantage EAP

Roanoke College in conjunction with Psychological Health Roanoke’s Advantage Employee Assistance Program strives to make our employees aware of issues regarding the dangers of substance abuse and the policy of the College regarding a drug-free workplace.

7.1.2 Alcohol and Illicit Drug Health Risks

Substance abuse/dependence is often manifested by a loss of individual control regarding usage of drugs or alcohol. This may ultimately result in harm to the individual or others and/or potential disruption of the mission of the College.

Alcohol and illicit drugs are toxic substances that affect the mind, body and spirit. Excessive drinking can cause health risks which include: damage to your body organs (liver, heart and digestive tracts); impaired physiological responses (decreased brain activity, digestion and blood circulation); and mental and emotional disorders (loss of memory, impaired judgment and personality changes). Alcohol-related problems include deaths from drunk driving, use of violence, and poor judgment in personal relationship situations.

Drug abuse is dangerous and can lead to death. An overdose can cause psychosis, convulsions, coma and death. Continuous use of drugs can lead to organic damage, mental illness and malnutrition. It increases the risk of AIDS, hepatitis and other diseases related to injectable drugs. Drug abuse can cause accidents resulting from foolish risks, "panic attacks" and acting irrationally.

7.1.3 Policy on Substance Abuse

Roanoke College considers its employees and its students to be its most valuable assets. We realize that our employees are not immune to the problems associated with drug and alcohol abuse in our society. To help contend with such problems, and to prevent drug or alcohol use that adversely affects job performance and safety, the College has developed a substance abuse policy.

Comprehensive health care benefits are available through our health insurance policy for treatment of alcohol and drug problems.
The Employee Assistance Program (EAP) provided by the college offers free, confidential, short-term counseling and referrals for substance abuse problems, both for the abuser and for family members dealing with an abuse problem of a loved one. Employees are encouraged to seek help voluntarily through the EAP.
When an employee's job performance or behavior reasonably suggests a substance abuse problem, the employee may be directed to seek help either through EAP or through a personal physician.
Any employee who seeks rehabilitation through an inpatient program will receive the support of the College, including an unpaid leave of absence in accordance with the Family and Medical Leave Act of 1993, provided the employee is otherwise eligible for FMLA leave. Although an employee's rehabilitation efforts will be supported, participation in any program will not serve as protection against the normal disciplinary process associated with job performance and behavior.
Employees under the influence of alcohol or illegal drugs while on the job will be subject to disciplinary action, up to and including dismissal.
Employees using prescription medication capable of impairing job performance must advise their supervisor immediately of such use. The substance involved and the duties of the employee will be reviewed. The College reserves the right to impose sick leave (or leave without pay if the employee has no sick leave accrued) in the event it determines the use of such medication and the job responsibilities to be incompatible.
Employees found to be misusing prescription medication (of the employee or another) that interferes with the safe or proper performance of job duties will be relieved of duties and subject to disciplinary action, up to and including dismissal.
The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance while on College premises or during the conduct of College business is prohibited and may result in immediate dismissal. Law enforcement authorities will be notified of the facts and circumstances concerning any illegal activity.
It is the policy of the College to maintain a drug and alcohol-free workplace. As a condition of employment, employees must abide by the College policy on substance abuse and must report any conviction under a criminal drug statute for conduct in the workplace within five days after conviction.

7.1.4 Awareness / Assistance

Roanoke College maintains a contractual relationship with Psychological Health Roanoke’s Advantage Employee Assistance Program (EAP). Therefore, regular employees have access to a free and confidential professional service to assist them with problems of drug and alcohol abuse. Information is available to all employees in the Human Resources Office or by calling Advantage Employee Assistance Program at (540) 989-6605 (2840 Electric Road, Ste. 200, Roanoke, VA 24018) (Colonnade One).

Employees are advised of the College's policy on substance abuse and the availability of the Employee Assistance Program at new employee orientation and in writing in Faculty and Staff Handbooks.

7.1.5 Penalties

Employees under the influence of alcohol or illegal drugs, or the misuse of prescription medication while on the job may be subject to disciplinary action, up to and including dismissal.

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance while on College premises or during the conduct of College business is prohibited and will result in immediate dismissal. Law enforcement authorities will be notified of the facts and circumstances concerning any illegal activity.

Roanoke College will take appropriate and prompt personnel action once notified of any criminal drug statute conviction involving an employee occurring in the workplace.

Local and national trends in Drug Enforcement have resulted in an increased enforcement effort at the user level. It is important that the Roanoke College community be aware of the legal implications and penalties associated with substance abuse.

In addition to action(s) taken by Roanoke College, members of the College community are subject to state and local alcohol and drug related penalties that include:

Alcohol - Drinking in Public. A fine not to exceed $250, court costs and attorney's fees.

Alcohol - Purchasing for Minors. Imprisonment (going to local jail) for up to 12 months, a fine not to exceed $2,500, court costs and attorney's fees, and the loss of driver’s license for up to one year, with the mandatory loss of license for at least six months.

Alcohol - Underage Possession. Fine not to exceed $2,500, including a mandatory minimum fine of $500 or 50 hours of community service. Imprisonment for up to 12 months, loss of driver’s license for up to one year, with the mandatory loss of driver’s license for at least six months.

Alcohol - Driving While Intoxicated. A fine not to exceed $2,500, with a mandatory minimum fine of $250.00 for a first offense. Additionally, there is mandatory jail time for a first offense based on the level of blood alcohol content. A mandatory minimum fine of $500.00 for a second or subsequent offense. Imprisonment for up to 12 months for first and second offenses with a mandatory sentence for up to 20 days for a second and subsequent offense. Confinement in prison for up to 5 years for subsequent offenses. Further, there shall be the loss of driver's license up to 12 months (for the first offense), court costs and attorney's fees.

In addition to the fines above, Virginia residents can be assessed civil remedial fees of $750 upon conviction, with two additional payments of $750 each due to the Division of Motor Vehicles, one within fourteen (14) months of conviction, and the other within twenty-six (26) months of conviction.

Drugs - Marijuana – Possession. Any person who possesses on his person or in any public place marijuana or marijuana products in excess one ounce is subject to a civil penalty of no more than $25. With the exception of a licensee in the course of his duties related to such licensee's marijuana establishment, any person who possesses on his person or in any public place more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.

Drugs - Schedule I and II – Possession. (Cocaine, LSD, Hallucinogenic Mushrooms, etc.) Confinement in prison for not less than one year or more than ten years, fine not to exceed $2,500, court costs and attorney's fees.

Drugs - Distribution within 1,000 yards of School Property (includes college campus) Imprisonment not less than one year or more than five years, up to $100,000 fine, court costs and attorney's fees. A second or subsequent conviction shall be punished by a mandatory minimum term of confinement in prison of one year to be served consecutively with any other sentence.

Drugs – Manufacture, Distribution or Possession with Intent to Distribute Controlled Substance (Schedule I or II). Confinement in prison for not less than five and not more than 40 years and fine of not more than $500,000, court costs, and attorney’s fees. Conviction of second or subsequent offense is punishable by term of confinement of a mandatory minimum of five years up to life in prison, plus a fine of up to $500,000, court costs and attorney’s fees.

Drugs - Possession or Distribution of Paraphernalia. Imprisonment up to 12 months, up to $2,500 fine, plus court costs and attorney's fees.

Drugs - Transporting into Virginia. Transporting of Schedule I and II Drugs (Cocaine, LSD, Hallucinogenic Mushrooms, five or more pounds of Marijuana, etc.) into Virginia with intent to distribute, Confinement in prison for not less than 5 years, but not more than 40 years, three years of which shall be the mandatory minimum, and a fine of not more than $1,000,000. A second or subsequent offense is punishable by a mandatory term of confinement in prison 10 years.

Conviction of any Drug Offense could, in addition to above penalties, include a six-month driver's license suspension.

7.1.6 Other Action

The Drug-Free Workplace Act of 1988 (Title V of the Anti-Drug Abuse Act of 1988) requires Roanoke College to provide notice of any federal agency granting funds to the College of an employee's criminal drug statute conviction for conduct in the workplace. The College must fulfill this requirement within ten days after receiving notice from an employee or otherwise of such conviction.

The Associate Vice President for Human Resources will be responsible for processing all required certifications, notices, etc. on behalf of Roanoke College. Roanoke College will conduct a biennial review of this program to determine its effectiveness, implement changes as needed and insure that its policies are consistently enforced.

7.2 Conflict of Interest Policy Pertaining to Sponsored Projects

7.2.1 Policy Summary

This policy sets forth procedures and guidelines that are to be followed in resolving actual and potential faculty conflicts of interest and commitment pertaining to sponsored projects. This policy applies to all sponsored projects funded by (a) commercial sponsors, (b) those federal agencies having specific conflict of interest requirements, and (c) purchase orders and subcontracts issued by Roanoke College under its sponsored projects irrespective of the source of funds.

7.2.2 Conflicts of Interest and Commitment

The College and its faculty often benefit from the faculty's participation in both public and private outside activities. The College does not wish to set forth detailed rules that may interfere with faculty members' legitimate outside interests. The policy which follows applies only to sponsored projects.
Faculty members, in turn, must also ensure that their outside obligations, financial interests, and activities do not conflict or interfere with their commitment to the College.
The areas of potential conflict may be divided into two categories. Conflicts of Interest are defined as situations in which faculty members may have the opportunity to influence the College business decisions in ways that could lead to personal gain or give improper advantage to members of their families or to associates. Conflicts of Commitment are defined as situations in which faculty members' external activities interfere or appear to interfere with their paramount obligations to their students, colleagues, and the College.
In those circumstances in which the College is engaged in or intends to engage in a sponsored project with a commercial organization, or has subcontracted or intends to subcontract to an external organization under one of the College's sponsored projects, a conflict of interest may occur when a faculty member's affiliation with the external organization meets any one of the following criteria:
a. The faculty member is an officer, director, partner, trustee, employee, advisory board member, or agent of an external organization or corporation either funding a sponsored project or providing goods and services under a sponsored project on which the faculty member is participating in any capacity.
b. The faculty member is the actual or beneficial owner of more than five percent (5%) of the voting stock or controlling interest of such organization or corporation.
c. The faculty member has dealings with such organization or corporation from which an income of more than $5,000 per year is derived, exclusive of dividends and interest.

d. The faculty member's immediate family (spouse, parents, parents-in-law, siblings, children, or other relatives living at the same address as the faculty member) meet any of the criteria stated in a-c above.
Each faculty member participating in a sponsored project covered by this policy must disclose any external affiliations that may constitute a conflict by falling within the criteria stated in paragraphs a-d above. A disclosure must be completed prior to the College's acceptance of the sponsored project or issuance of a purchase order or subcontract for the acquisition of goods and services. When applicable, the disclosure form is to be sent to the Office of Academic Grants and Foundation Relations via the faculty member's department chair or dean. Positive disclosures will be reviewed by the Vice President and Dean of the College.

7.2.3 Review of Positive Disclosures

In reviewing the positive disclosures, the Vice President and Dean of the College will be guided by the following practices:

Assure adherence to relevant college policiesfound in college documents the Committee may deem appropriate.
Consider the nature and extent of the financial interest in the relationship of the faculty member and the external organization.
Give special consideration to the terms and conditions of sponsored project agreements that may mitigate or complicate the given situation.
Consult with and obtain additional information from the faculty member may be helpful in resolving actual or potential conflicts.
Act in a timely manner so as not to delay unduly the conduct of the sponsored project.
Conclude that the College may take one of the following actions:

Accept the sponsored project award.
Do not accept the sponsored project award.
Accept the sponsored project subject to suitable modifications in either the sponsored project award document or the external organizational affiliation(s) of the faculty member or faculty member's family.

7.2.4 Grievance Procedure

All decisions made are grievable.
The Office of Academic Grants and Foundation Relations shall maintain the records pertaining to each disclosure in strict confidence. Access to such records will be limited to the faculty member, the Academic Vice President, the Vice President of Business Affairs, and others who have a legal right to review the records.

7.2.5 Identifying Potential Situations

7.2.5.1 Activities that are Clearly Permissible:

Acceptance of royalties for published works and patents, or of honoraria for commissioned papers and lectures.
Service as a consultant to outside organizations, provided that the time commitment does not exceed the current college policy, and that the arrangement in no way alters the faculty members' commitments incurred in the College's execution of a sponsored agreement on the faculty member's behalf.
Service on boards and committees of organizations, public or private, that does not distract unduly from the faculty member's obligations to the College or that does not interfere or appear to interfere with a faculty member's ability to conduct work under sponsored agreements.

7.2.5.2 Activities that Present the Potential for Conflict:

Relationships that might enable a faculty member to influence the College’s dealings with an outside organization in ways leading to personal gain or improper advantage for the faculty member, associates or family members. For example, a faculty member or family member could have a financial interest in an organization with which the College does business and could be in a position to influence relevant business decisions. Ordinarily, making full disclosure of such relationships and making appropriate arrangements to mitigate potential conflict would resolve such problems.
Situations in which the time or creative energy a faculty member may devote to external activities appear substantial enough so as to compromise the amount or quality of participation in the instructional, scholarly, or administrative work of the College.

Situations in which a faculty member directs students into a research area from which the faculty member may realize a financial gain. In such situations, the ability of a faculty member to render objective, independent judgment about the students’ scholarly work may be diminished.

7.2.5.3 Activities that are Likely to Present Unacceptable Conflicts:

Situations in which a faculty member assumes executive responsibilities for an outside organization that might seriously divert attention from college duties. Faculty members should consult with the appropriate dean before accepting any outside management positions stated in Sections 2.11.4.2 and 2.11.4.3.
Use for personal profit of unpublished information emanating from sponsored agreements or confidential college sources, or assisting an outside organization by giving it exclusive access to such information; or consulting with outside organizations that impose obligations upon the faculty member or the College that conflict with the faculty member’s or with the College’s obligations under sponsored projects.