General Policy
The Xavier University School of Medicine recognizes an obligation to promote the health of its students, faculty, and staff. Understanding the notable health risks of substances on both a person’s physical and mental health, this University has strict regulations regarding the use of substances by its students, faculty, and staff.
Purpose
The purpose of this policy is to establish procedures to support a safe, healthy and productive work environment for all XUSOM Employees, free from the effects of substance abuse. The reasons for this are: The use of controlled substances is against the law (Landsverordening verdovende middelen (AB 1990 no. GT 7)).
- The use of controlled substances and the misuse of alcohol increases the risk of accidents, jeopardizes the safe work environment, and causes harm to an individual's health and personal life.
- The abuse of alcohol and controlled substances impairs the Employee's judgment, resulting in increased safety risks, injuries and faulty decision-making.
- The abuse of these substances also imposes an integrity risk on the Employee.
The following are regulations pertaining to substance use that apply to any student attending, or person employed by, this University:
Alcohol
- The consumption of alcohol will not be permitted in campus buildings. This includes in classrooms, laboratories, offices, or decks/entrances associated with these rooms or offices.
- Alcohol will not be provided at University-sponsored or sanctioned events.
- If alcohol is served as part of a University-sponsored or sanctioned event, then non-alcoholic beverages will always be provided as an alternative beverage.
- If alcohol is consumed by Faculty or students at a facility within the local community (e.g., a restaurant), consumption is expected to be moderate. Disruptive behavior due to excessive alcohol consumption that creates potential for harm or infringes on the rights of others is prohibited. Disruptive, impulsive, aggressive, lewd, uninhibited or otherwise inappropriate behavior resulting from alcohol consumption of any amount will be considered as excessive and the Faculty member and/or student subject to Administrative sanction.
- All University students are expected to comply with applicable local and Island laws regarding the possession, use or sale of alcohol, whether on or off-campus and are expected to comply with all University regulations regarding alcohol possession and use.
Tobacco
- The right to a healthy, smoke-free environment is recognized and supported. To this extent, no smoking is permitted within campus buildings, including classrooms, laboratories, or offices. Smoking should not occur in doorways or other areas in which others can readily breathe second-hand smoke. However, the right to smoke where smoking does not affect others is recognized.
Other Drugs
- The University has a strict policy against buying, possessing, using, manufacturing, or distributing illicit drugs such as, but not limited to, substances falling in the following classes: amphetamine related, cocaine related, cannabis related, phencyclidine related, hallucinogen related, opioid related, and inhalant related drugs.
- The University also prohibits the use or possession of controlled substances without a physician’s prescription. Buying or selling prescription-based controlled substances is a violation of University policy.
- Possession, use and sale of illegal drugs are violations of Island and Kingdom law.
Scope
This policy applies to all XUSOM Employees and Trainees.
Procedures
- For the execution of this policy XUSOM has contracted Medwork Caribbean N.V. and/or Laboratorio Familiar.
- For the purpose of these procedures a Donor's sample of saliva, urine, blood or hair will be referred to as "Specimen".
- Employees may be subject to testing throughout the year at any time XUSOM's Management deems it necessary.
- A controlled substance can be defined as any substance of which the use or possession is prohibited pursuant to the Landsverordening verdovende middelen (AB 1990 no. GT 7).
- Evidence of the presence of a controlled substance will be determined by analysis of the Donor's sample of saliva, urine, blood or hair, and confirmed by gas chromatography / mass spectrometry by a laboratory designated by Medwork (the Laboratory).
- Evidence of the presence of alcohol will be from a breath test and/or analysis of the Donor's urine and/or saliva and/or confirmation by a blood analysis
- The Employee shall, when drugs are prescribed by a medical professional, inquire at the prescribing professional whether the drug prescribed has any side effects which may impair the Employee's ability to safely perform the Employee's job duties. If the answer from the medical professional is affirmative, the Employee shall obtain a written statement from the medical professional indicating any work restrictions and their duration. For privacy reasons, the statement does not have to contain the name or type of medication used. However the Employee will give the MRO permission to contact the prescribing professional and gain the necessary information. The Employee shall present the statement to his or her supervisor prior to going on duty. The supervisor shall forward the statement to the HRM unit.
Types of testing
XUSOM may execute the following 5 types of testing:
- Pre-employment testing
XUSOM may include a testing before the employment or as part of the employment process. The pre-employment testing is part of the medical examination prior to employment. Pre-employment testing will include controlled substances only.
- Post-accident testing
This testing may be performed on a Donor involved in an accident while in the performance of his/her job.
The Donor at hand shall not consume a controlled substance or alcohol after the accident, unless 8 hours have expired, the Donor has been tested or XUSOM has determined that the Donor's performance could not have contributed to the accident, whichever comes first. Post-accident testing may include both controlled substance and alcohol use.
- Random testing
Employees may be subject to testing at any time on a random basis. Upon being notified of selection the Employee must follow the applicable instructions and immediately proceed to the testing facility. Random testing will be spread reasonably throughout the year. Donors are selected at random by a software application which uses the Employee Numbers. Random testing may include controlled substance and alcohol use.
- Reasonable suspicion / Reasonable cause testing
An Employee may be required to submit to a testing upon reasonable suspicion. Reasonable suspicion means that the actions, appearance or conduct of the Employee on duty are indicative of the use and/or presence in the Employee's body of a controlled substance or alcohol. Reasonable suspicion is based on specific, contemporaneous, observations concerning the appearance, behavior, speech or body odors of the Employee.
Reasonable cause refers to a situation whereas an accident or near-accident occurred while the Employee is performing his/her duty and the cause of such an accident or near-accident can reasonably be contributed to the direct performance of the Employee.
Reasonable suspicion / Reasonable cause testing may include controlled substance and alcohol use.
- Integral workforce testing
As often as XUSOM’s management deems necessary, all Employees will be tested, Integral workforce testing may include controlled substance and alcohol use.
Testing procedures
General
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- All testing will be conducted by a Medical Review Officer (the MRO) or a Sample Collector (the SC) designated by Medwork and, in the event the testing by the MRO/SC turns out to be positive, by the Laboratory, unless indicated otherwise by XUSOM at the time of testing.
- The testing will be executed under strict privacy, confidentiality and accuracy standards. Donors will be tested only for alcohol and controlled substances (e.g. Marijuana, Cocaine, Opiates, Amphetamines and Phencyclidine (PCP). The testing will not disclose private medical facts about the Donor, such as pregnancy or disability. The MRO will only provide XUSOM with a positive or negative test result (for drugs and/or alcohol).
Controlled substance
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- The following materials will be used to perform the test: (a) specimen containers, (b) test kit with relevant accessories, (c) material for sealing of containers, (d) name and numerical list of those to be tested, (e) release form for use of prescription medication and consent to being tested and approval for disclosing outcome of test to XUSOM (Exhibit 1 hereto).
- The Employees to be tested are called in as scheduled and instructed to be present at the designated testing facility with a prior notice of one hour. In the event of a post-accident testing the Employee will be called in immediately after the accident. When the Donor arrives he/she will be informed of the reasons for the testing and the testing procedures that will be followed.
- The Donor shall bring proper identification when presenting him or herself at the testing facility.
- Prior to the testing the Donor will sign the top part of Exhibit 1 hereto, stating whether he/she is using prescription medication that could influence the outcome of the test to be performed.
- The MRO/SC will inform the donor which test will be performed (e.g. urine, saliva or any other test).
- Donor will be asked to confirm that the numbers on the labels to be used to seal the containers are identical to the number noted on Exhibit 1. Donor will be asked to sign both labels for confirmation.
- The Donor is not allowed to take purses, bags or containers with him/her into the collection site and will be requested to empty his/her pockets. The MRO/SC will take any other reasonable measures as he/she deems necessary to prevent adulterating or tampering of the specimen.
- Donor will be requested to wash his/her hands under observation.
- Donor will select the containers and test kits to be used for the testing.
- The Donor will be invited to enter the appointed collection site at the designated testing facility. A collection site may include a single-toilet room. The door to the toilet will be left slightly ajar, allowing the MRO/SC to supervise the adequate obtaining of a urine specimen from the Donor.
- Immediately after having obtained the urine specimen the Donor will hand the specimen (container 1) over to the MRO/SC. MRO/SC will pour part of the contents of Container 1 into a second container (Container 2) and will seal this second container with one of the numbered labels.
- If applicable the MRO/SC will read and record the temperature of provided specimen within four (4) minutes of collection and will look for evidence of tampering or adulterating.
- MRO/SC will collect some urine from Container 1 and apply this to the test kits that Donor has selected. After having performed the tests MRO/SC will seal Container 1 with the second numbered label.
- Donor is asked to read and sign the bottom part of Exhibit 1 hereto, to confirm that procedures were executed correctly, that Donor did not tamper or adulterate the specimen and that Donor consents to MRO of informing the HRM unit of the outcome of the test performed. After this the Donor is allowed to leave the testing facility.
- At no time during the entire procedure is Donor allowed to leave the testing facility without permission of MRO/SC to do so.
- If tampering or adulterating of the specimen is suspected or if the temperature of the specimen is outside of the acceptable range, the MRO/SC will immediately request of the Donor to provide a new specimen. A second suspected tampered specimen will be considered a refusal to test.
- The MRO/SC can require collection under direct observation ("monitored collection") whereas the Donor must allow the MRO/SC to establish that the urine flows from the body into the collection container.
- If a Donor is not able to produce a urine specimen, he/she may drink water and wait until he/she is able to provide the urine specimen. Donor will remain in waiting area under observation and is at no time allowed to leave the testing facility. If Donor leaves the facility without having provided the MRO/SC with a urine specimen, this will be considered a refusal to test and MRO will inform HRM unit that Donor has failed to provide a urine sample.
Alcohol testing
Evidence of alcohol can be determined by breath, urine, saliva and blood analysis. Medwork may conduct a breath, saliva or urine test.
For alcohol testing General testing procedures (a), (b), Controlled substance testing procedures (b), (c), (e), (o) apply.
If a test kit for urine is used, Controlled substance testing procedures (a), (d), (g), (h), (i), (j), (l), (n), (o), (p), (q) apply in the understanding that a second suspected urine tampered specimen will be immediately followed by a saliva and/or blood test.
If a test kit for saliva is used, the specimen shall be given in the presence of the MRO/SC and a witness.
If a breath analyzer is used for detection of alcohol, the Donor shall exhale into the breath analyzer in the presence of the MRO/SC and a witness.
Immediately after the specimen is obtained by the MRO/SC, he/she will proceed with the actual testing in the presence of the witness.
Refusal to test
The following behaviors by the Donor constitute a refusal:
- Refusal to appear for testing.
- Failure to remain at the testing site until the testing process is complete.
- Failure to provide a urine, saliva, blood and/or any other specimen and/or failure to take a breath and/or any other alcohol test.
- In case of Monitored Collection, refusal to allow the direct observation.
- Refusal to sign the forms that are part of testing procedures.
- Failure to take a second test as instructed.
- Otherwise fail to cooperate in the testing process.
- Perform any actions which prevent the completion of the test.
- A test reported by the MRO as a verified adulterated or substituted specimen.
- Inability to provide sufficient quantities of urine to be tested without a valid medical explanation.
- Tampering with, attempting to adulterate, adulteration or substitution of the specimen, or interference with the collection procedure.
- Not reporting to the testing facility in the time allotted.
- Leaving the scene of an accident on Company premises without a valid reason before tests have been conducted.
Results
General
The first results of a test will be read by the MRO/SC and confirmed by the MRO.
The MRO, based on the results, will certify the first result as positive or negative. If the first result is negative, the specimen will be disposed of as well as the specimen containers and test kits used for the testing. Notwithstanding the previous XUSOM may decide, at its sole discretion, to send the specimen to the Laboratory if the first result is negative.
If the first result is positive, the MRO will immediately report this to the Human Resources Manager, or in his/her absence, to the Managing Director.
Controlled substances
- If the first result is negative and Controlled substance testing procedures (p) does not apply, the specimen will be disposed of immediately.
- If the test kit used for the testing signals a positive outcome, the first test result is considered positive.
- In case of a positive first test result, the specimen will be sent to the Laboratory for Gas Chromatography - Mass Spectrometry (GC-MS) confirmation, or perform any other relevant tests for further verification and confirmation.
- The specimen in Container 2 will be kept for contra expertise.
- In case of a positive first result for controlled substances, the Donor has the possibility to request a re-test (contra expertise) on the provided specimen, kept in Container 2, within two weeks after the first testing by the MRO/SC was executed, at his/her own expense. The laboratory engaged to perform the re-test must be approved by Medwork.
- Upon written request within seven (7) days after being notified of a positive test confirmed by the Laboratory, the Donor may obtain copies of any records pertaining to his or her test.
- If the first test result was positive, but could not be confirmed by the Laboratory, the specimen will be disposed of immediately after the Laboratory has notified XUSOM of the negative final result.
- If the Laboratory has confirmed the positive test result, the specimen will be disposed of sixty (60) days after the Donor has been notified of the confirmation by the Laboratory of his/her positive test.
Alcohol
Results - General applies.
A result will be considered positive if a Donor's alcohol concentration is greater than 0.02% w/v (20 mg/dl weight/volume ratio).
If the first test result is positive for alcohol, the Donor will be requested by the MRO to immediately submit him/herself to a collection of a specimen of his/her blood or any other required specimen to be performed by the MRO or other designated physician. The specimen will be sent to the Laboratory for GC-MS verification or any other relevant test method to confirm the test result.
Positive results
For the purpose of this Company policy and procedures a refusal to test will be considered a positive test result.
- In the event the Donor has a positive test result, confirmed by the Laboratory, the individual will be notified.
- In case of an Employee, XUSOM will terminate the labor agreement with the Donor immediately ("ontslag op staande voet") pursuant to Article 1615p of the Civil Code of Aruba.
- In case of a consultant, XUSOM will dissolve the agreement immediately without any judicial intervention being necessary.
Education/Awareness
All new students are required to attend a session on alcohol and other drug use as part of new student Orientation. This seminar will involve:
- A review of University policies relating to alcohol and other drug use.
- A free-form Question & Answer session.
- All students will be required to sign a policy statement indicating that he/she has attended the session, understood the information conveyed, and agreed to the consequences of violating the University rules pertaining to substance use.
- The seminar will be held during Orientation at the start of the term. If students do not attend this seminar or refuse to sign the policy statement, the student will not be allowed to start classes.
- For late-arriving students, a make-up session will be held at the end of week 3 of classes. If late arriving students do not attend this seminar or refuse to sign the policy statement, then these students will not be allowed to attend classes.
Violations of Policy
University affiliates who violate any of these policies will be brought before the Faculty Senate. Following investigation of the alleged infraction, including personal interviews with the violator and any witnesses, the Senate will make a recommendation to the Administration regarding disciplinary action. Sanctions can range from an official reprimand to dismissal from the University, depending on the nature of the infraction, any aggravating or mitigating circumstances, and the number of offenses committed by the individual. In addition to academic consequences, the person may be required to receive out-patient substance abuse counseling (e.g., in their home country). In the case of serious substance dependence, the University may mandate that the person undergo a psychiatric evaluation and, if warranted, complete an in-patient substance abuse program in their home country before being possibly allowed to re-register at this University. In addition to these measures and the disciplinary actions listed below, the University may notify local law enforcement authorities, if the person’s behavior is a criminal offense in the Netherlands-Antilles.
General Committee Guidelines for Sanctions
Violation Range of Disciplinary Action
- Use of Tobacco in University Facilities - Warning up to an official reprimand
- Unlawful Possession or Use of Alcohol - Warning up to official reprimand.
- Use or Possession of Illicit Drugs - Official reprimand up to expulsion from the University
- Inappropriate Use of Controlled Substances - Official reprimand up to expulsion from the University
- Alcohol or Substance Dependent - Official reprimand up to expulsion from the University
External Sanctions
Sanctions imposed under this policy do not diminish or replace the penalties available under Island, Antillean and Kingdom laws. A document describing these laws is available upon request.
