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Chapter 6: Appendix

APPENDIX AA. Drug Testing Policy

SECTION 06AA.101 Definitions

06AA.101.A. "Applicant" shall mean any person applying for matriculation or employment in any position at Miami University.

06AA.101.B. "Controlled substance" shall mean such drugs forbidden or regulated under Federal or State law or local ordinance.

06AA.101.C. "Drug test" shall mean any blood, saliva, breath, hair, urinalysis, or chemical test conducted for the purpose of detecting the presence of a controlled substance in an individual.

06AA.101.D. "Employee" shall mean any person rendering service for compensation to Miami University in any capacity.

06AA.101.E. "Student" shall mean any matriculated student on any campus of Miami University.

SECTION 06AA.102 Prohibition

No drug test shall be performed at, by, or on behalf of Miami University upon any applicant, student, or employee as a precondition of admission, matriculation, loans, financial aid, or employment, or as a condition for continuing enrollment, employment, or enjoyment of any right or benefit that it is in the power of Miami University or its various divisions, departments, officials, or others under the authority of the Trustees to confer.

SECTION 06AA.103 Exemptions

06AA.103.A. This regulation shall not apply to tests for drug impairment of operators of motor vehicles on University-controlled streets, if conducted by police authorities operating within the scope of ordinary and regular enforcement of the laws prohibiting operating motor vehicles while intoxicated.

06AA.103.B. This regulation shall not apply to any University employee whose job function is such that the use of intoxicants (including but not limited to ethyl alcohol and other controlled substances) would directly and immediately endanger the public safety, and where reasonable suspicion exists that such employee is impaired by the use of some intoxicant while on the job for instance:

  1. Armed police officers operating outside of the offices of the Miami University Police, or armed or unarmed personnel in these offices who are serving as dispatchers or in other non-clerical jobs where alertness is crucial for public safety
  2. Pilots and helicopter operators
  3. Air traffic controllers
  4. Lifeguards

SECTION 06AA.104 Notes

06AA.104.A. People serving in any of the listed job classifications may be tested as provided above even if they hold other statuses in the University (e.g., student or member of the faculty).

06AA.104.B. An athletic grant-in-aid and/or membership on any University sports team is not a "benefit" that falls under this regulation.

06AA.104.C. Nothing in this policy shall be construed to prohibit the National Collegiate Athletic Association or the University from conducting drug tests on student athletes for controlled substances (including steroids and other performance-enhancing drugs), provided that the tests be:

  1. Lawful and constitutional
  2. Conducted off University property or on University property used in accordance with all regulations
  3. Conducted in such a manner as not to interfere with students' academic studies (including regular class attendance), or with any normal operation of the University.

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