07-01.10 鈥� Policy on Substance Abuse for Faculty, Staff and Students

Policy Statement:

The use of controlled substances and the abuse of alcohol present a serious threat to individual health and everyone鈥檚 safety. Moreover, the use of illegal drugs and the abuse of alcohol can result in less than complete reliability, stability, and good judgment, which is inconsistent with the standards set for the faculty, staff, and students of Towson University (鈥淯niversity鈥�).

Towson University strives to maintain a workplace free from the illegal manufacture, use, distribution, or possession of controlled substances (鈥淐ontrolled Dangerous Substance Violations鈥�). Controlled Dangerous Substance Violations are considered violations of Towson University鈥檚 Code of Student Accountability, the faculty contract, and the terms of employment of regular and contingent (exempt/nonexempt) staff. Faculty, students, and employees who commit Controlled Dangerous Substance Violations are subject to discipline, including mandatory counseling, suspension, or dismissal from the University. Persons who commit Controlled Dangerous Substance Violations are also subject to criminal prosecution.

Alcohol abuse is a form of substance abuse. Persons who consume alcohol on the University campus are responsible to civil and University authorities for compliance with State and local laws. It is a violation of Maryland law for persons under 21 to purchase, possess, or consume alcohol. The followings acts are also unlawful: to knowingly and willfully misrepresent one鈥檚 age to obtain alcohol; to purchase alcohol for a minor; and to possess open containers of alcohol in a public place. Violations of the laws relating to alcohol use will be strictly enforced.

Specific procedures for reporting drug and/or alcohol use by students, and related penalties and procedures are part of the Towson University Student Code of Student Accountability. Employee disciplinary measures and procedures for violations of this policy are part of the Faculty Handbook, the Part-Time Faculty Handbook, and applicable personnel policies.

In addition to this policy, University employees, including student employees, are subject to the Maryland Governor鈥檚 Executive Order 01.01.1991.16 which is attached to this policy and incorporated by reference.

In accordance with federal law, the University鈥檚 substance abuse policy will be distributed annually to all students and employees.
Reason for Policy:

This policy safeguards resources and assures compliance with and local, state and federal laws.
Definitions:
1. 鈥淐ontrolled Substances鈥� are defined by the Controlled Substances Act, 21 U.S.C. 搂801 et seq.
2. 鈥淐ontrolled Dangerous Substance Violation鈥� is the manufacture, use, distribution, or possession of controlled substances.
3. 鈥淓尘辫濒辞测别别鈥� means a faculty or staff member (including student employees).
4. 鈥淪ubstance Abuse鈥� means use of illegal drugs and/or using, and/or abusing alcohol.
Responsible Executive and Office:

Responsible Executive:
Provost and Executive Vice President for Academic and Student Affairs
Vice President for Student Affairs
Associate Vice President for Human Resources

Responsible Office:
Office of Academic Affairs
Office of Student Affairs
Office of Human Resources
Entities Affected by this Policy:

All divisions, colleges, departments, operating units and students and visitors.
Procedures:
1. Education
  
  In accordance with federal law, there will be an annual distribution to each Employee and student of:
  The annual distribution will be made: (1) to faculty by Academic Affairs; (2) to staff by Administration and Finance; and, (3) to students by Student Affairs.
2. Distribution
  1. Student Affairs will be responsible for distribution of this policy to students;
  2. Human Resources will be responsible for distribution of this policy to staff; and,
  3. Academic Affairs will be responsible for distribution of this policy to faculty.
3. Employee/Student Assistance Programs
  
  The University has an established counseling program for students and an Employee Assistance Program (EAP) for faculty and staff. These programs are designed to provide counseling and rehabilitative services. Employees are encouraged to contact the Office of Human Resources and students are encouraged to contact the Counseling Center in the event they have a substance abuse problem.
  
  Employees and students who need help with a problem of substance abuse are encouraged to call the Counseling Center, the Health Center, Human Resources or the Office of the Vice President for Student Affairs. The resources of the Counseling Center are available for supervisors who wish consultation in handling Employees who may have substance abuse problems.
  
  Voluntary participation in an assistance program will not jeopardize a participant鈥檚 continued employment or enrollment provided that the participant鈥檚 job performance or behavior is consistent with established standards. However, voluntary participation in an assistance program will not prevent disciplinary action for violation of this policy, where such violation has already occurred.
4. Procedures for Reporting Substance Abuse
  
  Upon observing suspected Controlled Dangerous Substance Violations or the illegal use of alcohol, faculty and staff, and/or students shall proceed in the following manner:
  
  Step One: Report the activity to the Towson University Police immediately. Also notify your supervisor. Students observing Controlled Dangerous Substance Violations and/or illegal alcohol activity in the residence halls should notify the University police immediately. In addition to notifying the police you should also notify a housing staff member.
  
  Step Two: Use sound judgment when approaching individuals suspected of illegal drug or alcohol use. It is preferable to leave drugs or alcohol in their original location until the authorities take action.
  
  Step Three: The University police will determine if State or federal laws have been violated. University Employees should not become involved in mediating any situation involving illegal drug or alcohol use.
5. Penalties for Substance Abuse
  1. Penalties for Faculty and Staff
    
    The University strongly encourages the use of drug and/or alcohol rehabilitation programs as an effective measure in creating a drug-free workplace program. However, penalties may be implemented (in consultation with Human Resources) up to and including reprimand, suspension, mandatory counseling, mandatory participation in a drug and/or alcohol rehabilitation program and/or dismissal. Appropriate University personnel procedures shall be used for each classification of Employee.
    
    Maryland law, Md. Code, Criminal Law Article 搂5-601 et seq. states that persons convicted of Controlled Dangerous Substance Violations are subject to imprisonment (length of time varies) and fines.
  2. Penalties for Students
    
    In addition to federal and state law, and the policies of the University System of Maryland, students shall be governed by the 鈥淭owson University Code of Student Accountability.鈥� Students are subject to discipline if they commit Controlled Dangerous Substance Violations under the Student Code of Student Accountability. Various penalties may be imposed depending on the violations. Individuals are encouraged to use voluntary rehabilitation programs and may be required to receive mandatory counseling and treatment. If a student is suspected to have committed Controlled Dangerous Substance Violations or to have used alcohol, illegally, the student will be subject to disciplinary action arrest and possible criminal prosecution.
    
    Students suspected of Controlled Dangerous Substance Violations will be referred to the Director of the Office of Student Accountability and Restorative Practices in accordance with the Towson University Student Code of Student Accountability. Disciplinary proceedings may proceed whether or not criminal charges related to the same incident have been resolved. The University encourages voluntary counseling and may require participation in an approved treatment program.
6. Recipients of Federal Grants/Contracts/Awards
  
  Any faculty, staff member or student applying 1) for a federal grant/contract in which a drug-free workplace policy is required, 2) for a 鈥淧ell Grant鈥� or any other student/faculty grant/award or fellowship in which a drug-free workplace policy has been required, and/or 3) for a subcontract with the Department of Defense, will be required to comply in accordance with federal regulations.
  1. Each individual must certify in writing to abide by the terms of the Towson University Policy on Substance Abuse.
  2. Each individual must notify the Office of Sponsored Projects and Research or the Financial Aid Office of any criminal drug conviction for a violation occurring in the workplace, no later than 5 days after conviction.
    
    The University will be responsible for notifying any contracting or granting agency, within ten days of receiving notice of a conviction as described in paragraph 2 above from the Employee, or otherwise receiving actual notice of the conviction.
    
    If a grant or award is directly made to an individual, rather than to the institution, the individual will certify in writing to the institution to not engage in unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance in the workplace or while conducting any work activity with the grant/contract, and will abide by the terms of this Towson University Substance Abuse Policy.
7. Relationship with External Contractors
  
  The University is committed to encourage all non-state entities who do business with the University or otherwise receive funds from the University, to make a good faith effort to eliminate illegal drug use, and drug and alcohol abuse from their workplace. Therefore, in accordance with Executive Order 01.01.1989.18, the University shall take whatever action necessary and appropriate to require a drug-free workplace, in accordance with applicable federal and state law, of each recipient of a State contract, grant, loan or other state funding instrument.
8. Periodic Review
  
  The Towson University Substance Abuse Policy and Program will be reviewed periodically to determine effectiveness and the need to implement change as necessary, and to assure that sanctions developed and implemented were consistently enforced.
9. Good Faith Efforts
  
  The University will at all times make a good faith effort to maintain a drug-free and substance abuse free workplace and campus through the implementation of this policy.

Related Policies:

TU Policy 07-01.20, Policy on Heroin and Opioid Addiction and Prevention

Maryland Governor鈥檚 Executive Order on Substance Abuse, 01.01.1991.16

Maryland Governor鈥檚 Executive Order on a Drug and Alcohol Free Workplace (Non-State Entities), 01.01.1989.18

Maryland Code, Criminal Law Article (搂5-601 et seq.)

Federal Drug-Free Workplace Act (41 U.S.C.A., Section 701 et. seq.) and implementing regulations (34 C.F.R. Part 85)

Federal Drug-Free Schools and Communities Act, as amended (20 U.S.C.A. Section 1011i) and implementing regulations (34 C.F.R. Part 86)

Approval Date: 06/23/2008

Effective Date: 06/23/2008

Amended Date: 08/21/2008

Approved By: President鈥檚 Council 6/13/2008

Signed By: President鈥檚 Council

Executive Order 01.01.2023.16

State of Maryland Substance Abuse Policy

Whereas, The Drug-Free Workplace Act of 1988 requires that any State that receives federal funds must establish a drug-free workplace, including a policy on the use of substances, employee drug awareness program, and procedures for employees to report their own convictions.

Whereas, The State of Maryland is committed to making good faith efforts to ensure a safe, secure, and substance-free workplace for its employees consistent with the Drug-Free Workplace Act of 1988.

Whereas, Substance abuse is a serious public health crisis that has had a detrimental effect on the lives of many Maryland residents and negative impacts on businesses and government.

Whereas, Every Maryland employer, including the State of Maryland, experiences a loss in productivity due to substance abuse-related absenteeism, injuries on the job, and decreased work quality.

Whereas, In higher risk occupations, employees with substance use problems may function below established standards, make impaired decisions, be less alert, and have harmful or dangerous effects on their co-workers of the public.

Whereas, Voters in Maryland approved the legalization of adult-use cannabis through constitutional amendment and the General Assembly enacted legislation to enable this legalization.

Whereas, In order to serve the citizens of Maryland properly, the State must maintain a work environment which is free of drugs; and

Whereas, Within the context of the legalization of adult-use cannabis, the State of Maryland reinforces its commitment to protect the health, safety, and welfare of its employees and the public, and ensure a substance-free work environment.

Now, therefore, I, Wes Moore, Governor of the State of Maryland, by virtue of the authority vested in me by the Constitution and Laws of Maryland, hereby rescind Executive Order 01.01.1991.16 and proclaim the following Executive Order, effective immediately:

Scope.

This policy applies to all individuals employed by the Executive Branch of the Maryland State Government.
Definitions.

The following words have the meanings indicated:
1. 鈥淎濒肠辞丑辞濒鈥� means any form of ethanol, or any beverage or substance containing ethanol.
2. 鈥淎lcohol-Related Offense鈥� means a crime that requires alcohol possession or consumption as an element of the offense
3. 鈥淐补苍苍补产颈蝉鈥� means the plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahdrocannabinol concentration greater than 0.3% on a dry weight basis. Cannabis includes cannabis products but does not include hemp or hemp products as defined by 搂 14-101 of the Agriculture Article.
4. 鈥淐annabis-Related Offense鈥� means any crime that involves the use, sale, possession, distribution, dispensation, manufacture, or transfer of cannabis under Md. Code Ann., Crim. Law 搂搂 5-101 through 5-1101, excluding civil use offenses set forth in Crim. Law 5-601 (c)(2)(ii).
5. 鈥淐ontrolled Dangerous Substance鈥� means any substance, excluding cannabis, that is controlled under the Federal Controlled Substances Act, 21 U.S.C. 搂 801, et seq., as amended, and/or the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law 搂搂 5-101 through 5-1101.
6. 鈥淐ontrolled Dangerous Substance Offense鈥� means:
  1. A controlled dangerous substance violation, under Md. Code Ann., Crim. Law 搂搂 5-101 through 5-1101.
  2. An offense of the law of any other jurisdiction if the prohibited conduct would be a controlled dangerous substance violation if committed in this State;
  3. Driving or attempting to drive while under the influence of a controlled dangerous substance under Md. Code Ann., Transp. 搂 21-902; or
  4. Operating or attempting to operate a vessel while impaired by a controlled dangerous substance under Md. Code Ann., Nat. Res. 搂 8-738.
7. 鈥淐辞苍惫颈肠迟颈辞苍鈥� means:
  1. A judgment of conviction, whether entered upon a finding of guilt or acceptance of a guilty plea of nolo contendere, and the imposition of sentence; or
  2. The staying of the entry of judgment and the placing of the defendant on probation after a finding of guilty or the acceptance of a plea of nolo contendere.
8. 鈥凄谤耻驳鈥� means any controlled dangerous substance, non-prescription drug, or prescription drug, taken into the body, which may impair one's mental faculties and/or change one's mood and/or physical performance.
9. 鈥淒rug-Related Offenses鈥� means:
  1. Crimes listed under the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law 搂搂 5-101 through 5-1101.
  2. Driving or attempting to drive while under the influence of drugs or drugs and alcohol under Md. Code Ann., Transp. 搂 21-902.
  3. Operating or attempting to operate a vessel while under the influence of drugs or drugs and alcohol under Md. Code Ann., Nat. Res. 搂 8-738.
10. 鈥淓尘辫濒辞测别别鈥� means:
  1. A merit-protected (classified), at will (unclassified), contractual, key employee, or other employee or official in the Executive Branch;
  2. A volunteer who provides a service to or for a unit in the Executive Branch; or
  3. A member of a Board or Commission in the Executive Branch.
11. 鈥淚mpaired鈥� means reduced cognitive or physical ability that results from use of drugs, alcohol, cannabis, or controlled dangerous substances.
12. 鈥淚ntoxicating Cannabinoid鈥� means a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving.
13. 鈥淢edical Cannabis鈥� means all parts of any plant of the genus cannabis, whether growing or not, including:
  1. The seeds of the plant;
  2. The resin extracted from any part of the plant; and
  3. Any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including tetrahydrocannabinol and all other naturally produced cannabinoid derivatives, whether produced directly or indirectly by extraction.
  4. Medical cannabis does not include:
    1. Hemp, as defined in Md. Code Ann., Agric. 搂 14-101;
    2. Mature stalks of the plant or fiber produced from the mature stalks;
    3. Oil or cake made from the seeds of the plant;
    4. Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or
    5. The sterilized seed of the plant that is incapable of germination.
14. 鈥淣on-Prescription Drug鈥� means any over-the-counter drug that is available without a written prescription by an authorized medical professional.
15. 鈥淧rescription Drug鈥� means a drug that may be dispensed only on the prescription of a health practitioner who is authorized by law to prescribe the drug.
16. 鈥淪afety-Sensitive Employee鈥� means an employee who operates heavy machinery and includes, but are not limited to, an operator of a crane, winch, or top loader and a driver of hustler or forklift.
17. 鈥淪ensitive Employee鈥� means an employee whose classification or position has been designated sensitive by the Secretary of Budget and Management or the Secretary's designated representative, or the employee's appointing authority.
18. 鈥淪ensitive Classification鈥� means a classification in which the Secretary of Budget and Management or the Secretary's designated representative has determined that any of the following conditions exists:
  1. An employee in the classification has a substantially significant degree of responsibility for the safety of others and there is a potential that impaired performance of the employee could result in death of or injury to the employee or others;
  2. An employee in the classification is required to carry a firearm;
  3. An employee in the classification is directly involved in efforts to interdict the flow of narcotics; or
  4. An employee in the classification is directly involved with narcotics law enforcement.
19. 鈥淪ensitive Position鈥� means a position for which an appointing authority has determined that any of the conditions listed in Section 8(17) of this executive order exists, but which is not in a sensitive classification.
20. 鈥淪ubstance鈥� means alcohol, drugs, or cannabis.
21. 鈥淪ubstance Abuse鈥� means:
  1. The use of an illegal drug;
  2. The intentional misuse of any legal drug that results in workplace impairment and/or impaired job performance;
  3. The intentional use of any prescription drug in a manner inconsistent with its medically prescribed, intended use, or under circumstances where its use is not permitted;
  4. The use of alcohol where such use results in workplace impairment and/or impairs job performance;
  5. The use of cannabis where such use results in workplace impairment and/or impairs job performance; or
  6. The intentional and inappropriate use of any substance, legal or illegal, which impairs job performance.
22. 鈥淲orkplace鈥� means any place where an employee is performing work for the State of Maryland.
23. 鈥淲ork Time鈥� means time during which an employee:
  1. Is on duty, whether at the employee鈥檚 principal work site or at a remote location as part of the State's telecommuting program;
  2. Participates in training activities as a job assignment;
  3. Is on the employer's premises and is on call and waiting for work;
  4. Is not on the employer's premises, but is on call and waiting for work, and the employee's personal activities are substantially restricted;
  5. Is changing into and removing program-specified clothing and equipment necessary for the performance of the job;
  6. Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift;
  7. Travels to and from work after being recalled to work by the appointing authority or the appointing authority's designated representative after the employee has completed the standard workday;
  8. Travels to and from work after being called to work by the appointing authority or the appointing authority's designated representative on the employee's scheduled day off if the employee works fewer than 8 hours as a result of being called on the employee's scheduled day off;
  9. Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations,
  10. Work time includes any other time defined as work time under the Fair Labor Standards Act, 29 U.S.C. 搂201 et seq., if applicable.
General Policy.

The State of Maryland establishes and adopts the following substance abuse policy for the Executive Branch of State Government:
1. All employees in the workplace must be capable of performing their duties. An employee shall not report to work, or spend any work time, in an unfit condition to perform their duties.
2. Substance abuse by any employee is prohibited at all times.
3. Employees experiencing substance abuse problems are encouraged to seek assistance through:
  1. Their employer;
  2. Referral to the Employee Assistance Program ("EAP");
  3. Self-referral to the MyMDCares program or similar state-sponsored assistance program; or
  4. Self-referral to an alternative certified rehabilitation program.
Alcohol and Cannabis Abuse Policy.
1. Alcohol and Cannabis. An employee shall not report to work, or spend any work time, under the influence of alcohol, cannabis, or intoxicating cannabinoids. Any employee who reports to work, or spend any work time, with their mental or physical abilities impaired by alcohol or cannabis, is in violation of this policy and shall be subject to disciplinary action.
2. Employees may not consume alcohol or consume, smoke, or otherwise ingest cannabis or intoxicating cannabinoid on State property, at any worksite, or during work hours or while on work time. This conduct is also prohibited for employees on official business, whether on or off State Property.
3. The unlawful manufacture, distribution, dispensation, possession, or use of cannabis or intoxicating cannabinoids is prohibited on State property, at any worksite, or during work hours or while on work time.
4. Employees are prohibited from consuming alcohol and/or cannabis and/or being under the influence of alcohol, cannabis, or an intoxicating cannabinoid while operating State equipment, vehicles, or other property.
5. Employees are prohibited from committing alcohol or cannabis-related offenses or offenses relating to intoxicating cannabinoids.
6. Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of an alcohol or cannabis-related offense or an offense relating to intoxicating cannabinoids are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.
7. Medical Cannabis. Employees who a registered and certified medical cannabis patients may not possess, consume, smoke, or otherwise ingest cannabis on State property, at any worksite or during work time.
8. Employees who are registered and certified medical cannabis patients are responsible for consulting the certifying provider to ascertain whether the medical cannabis will interfere with the safe performance of their job duties.
9. If the use of any medical cannabis could compromise an employee's performance or the safety of the employee, fellow employees, or the public, it is the employee's responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.
Drug Abuse Policy.
1. Prescription and Over-The-Counter Drugs. Prescription and over-the-counter drugs must be taken in standard dosage and/or according to a physician's prescription.
2. Employees who take prescribed or over-the-counter medications are responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication will interfere with the safe performance of their job duties.
3. If the use of any prescription or over-the-counter drug could compromise an employee's performance or the safety of the employee, fellow employees, or the public, it is the employee's responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.
4. An employee shall not report to work, or spend any work time, under the inappropriate influence of prescription or over-the-counter drugs. Any employee who reports to work, or spends any work time, with their mental or physical abilities inappropriately impaired by prescription or over-the-counter drugs is in violation of the policy and shall be subject to disciplinary action.
5. Controlled Dangerous Substances. Any employee who reports to work, or spends any work time, with their mental or physical abilities impaired by a controlled dangerous substance is in violation of this policy and shall be subject to disciplinary action.
6. The unlawful manufacture, distribution, dispensation, possession, or use of controlled dangerous substances is prohibited on State property, at any worksite, or during work hours or while on work time.
7. Employees are prohibited from committing controlled dangerous substance offenses.
8. Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a controlled dangerous substance offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.
9. General Drug Abuse Policies. Employees are prohibited from committing drug-related offenses.
10. Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a drug-related offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.
General Sanctions.

Any employee otherwise in violation of this Executive Order shall be subject to appropriate progressive disciplinary actions up to and including termination.
Specific Sanctions
1. A sensitive or safety-sensitive employee shall be suspended for fifteen (15) days and required to successfully participate in an alcohol or cannabis treatment program designated by an EAP the first time the employee is:
  1. Convicted of an at-the-workplace alcohol or cannabis颅 related offense; or
  2. Found under the influence of alcohol or cannabis while at颅 the-workplace.
2. A sensitive or safety-sensitive employee convicted of an out-of颅 workplace alcohol or cannabis-related offense, and a non-sensitive or safety-sensitive employee convicted of any alcohol or cannabis颅 related offense shall:
  1. On the first conviction be referred to an EAP and subject to any other appropriate disciplinary actions;
  2. On the second conviction, at a minimum, be suspended for at least five (5) days, be referred to an EAP, be required to participate successfully in a treatment program, and be subject to any other appropriate disciplinary actions, up to and including termination;
  3. On the third conviction, be terminated.
3. A sensitive or safety-sensitive employee convicted of any controlled dangerous substance offense shall be terminated.
4. A sensitive or safety-sensitive employee who tests positive for a controlled dangerous substance as a result of a random drug test shall be suspended for fifteen (15) workdays and be required to successfully participate in a drug treatment program designated by an EAP, as provided for by the appointing authority's drug testing protocol.
5. A sensitive or safety-sensitive employee who abuses a legally prescribed drug or an over-the-counter drug shall, on the first offense:
  1. Be suspended for five (5) workdays; and
  2. Be required to participate successfully in a drug treatment program designated by an EAP.
Assistance and Treatment
1. An employee may request referral to the EAP for access to confidential professional assistance for substance use problems or may self-refer to the MyMDCares program or similar state颅 sponsored assistance program to receive confidential professional assistance.
2. Employees will not be terminated solely for requesting referral to the EAP or voluntarily obtaining other assistance and/or treatment for a substance use problem. The State of Maryland encourages any employee who needs such assistance and treatment to seek and obtain it. However, participation in a treatment or recovery program will neither relieve employees from the requirement of satisfactory job performance, nor insulate them from termination or adverse personnel actions for failing to comply with any of the State's policies and procedures.
3. Substance abuse-related disciplinary actions, up to and including termination, may be, but do not have to be, held in abeyance pending an employee's completion of an assistance and treatment program. The option of holding a disciplinary action in abeyance is not an employee entitlement or right but is a privilege to be granted at the discretion of the appointing authority, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency under appropriate circumstances.
Implementation.
1. The Secretary of Budget and Management and the head of every other personnel system in the Executive Branch shall adopt such policies and regulations as are necessary or desirable for the implementation of this Executive Order.
2. All appointing authorities and supervisory employees are responsible for implementing, enforcing, and monitoring compliance with the requirements of this Executive Order.
3. All employees are required to acknowledge receipt of a copy of this Executive Order by returning an acknowledgment of receipt to their supervisor for insertion in their personnel file.
Enforcement
1. If a supervisor or appointing authority observes any signs of possible substance abuse in any employee during working hours, this shall constitute reasonable grounds for an investigation.
2. If a non-supervisory employee observes any signs of possible substance abuse in any employee during working hours and reports it to a supervisor or appointing authority, this shall constitute reasonable grounds for an investigation.
3. A supervisor and/or appointing authority, on observing such signs or receiving a report, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency, should investigate by appropriate measures.
4. If the supervisory investigation supports a conclusion of substance abuse by the investigated employee(s), the supervisor and/or appointing authority shall consult the Department of Budget and Management, the individual responsible for Human Resources for the respective State agency, or the State Medical Director to determine the appropriate next steps, which may include testing.
5. When an appointing authority learns or based on observation or reliable information, suspects that an employee has committed an alcohol-related offense, cannabis-related offense, controlled dangerous substance offense, or other drug-related offense, the appointing authority shall refer the matter to the appropriate law enforcement authority for further investigation and prosecution.
6. All employees shall cooperate fully with law enforcement authorities in the investigation and prosecution of suspected criminal violations.
Employee Education.

All appointing authorities shall educate and inform their employees about:
1. The dangers of drug and alcohol abuse in the workplace;
2. The State of Maryland's policy of maintaining a drug-free workplace;
3. Any drug and alcohol abuse counseling, rehabilitation, and EAP that is available; and
4. The penalties that may be imposed upon employees for violations of this Executive Order.
This policy does not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.
This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
If a State entity is subject to a federal law or regulation that conflicts with this Executive Order, the federal law or regulation shall take precedence.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Given Under My Hand and the Great Seal of the State of Maryland in the City of Annapolis, this 8^th day of November, 2023 Wes Moore Governor

Attest:

Susan C. Lee
Secretary of State

How to Request the Policy PDF

This online version of the policy may include updated links and names of departments. To request a PDF of the original, signed version of this policy, email the Office of the General Counsel, generalcounsel AT_TOWSON.

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