5-10-014 Consequences
(1) Any employee who tests positive for drugs or alcohol during a test required under this policy may be subject to disciplinary action up to and including termination. Adulterating or substituting a testing sample, refusing to take a required test, or otherwise interfering with testing procedures will also result in disciplinary action up to and including termination.
(2) Any employee who otherwise violates this policy, including but not limited to engaging in prohibited conduct in this chapter, will be subject to disciplinary action up to and including immediate termination. Note: While a positive test is considered conclusive of drug or alcohol use in violation of this policy (with the exception of marijuana metabolites), the Tribe, in its sole discretion, reserves the right to determine that an employee is in violation of this policy without requiring a drug and/or alcohol test.
(3) First positive test during employee’s employment with the Tribe will proceed in the following manner:
(a) The employee will immediately be placed on leave without pay until he/she can produce a negative drug screen result through a designated testing site, which will forward the result of each screen directly to the Tribe’s Human Resources Department. If the employee does not produce a negative screen within 45 calendar days from the date of the first positive test, the employee shall be terminated from employment with the Tribe. The employee shall pay the fees for all retest drug screens.
(b) In addition, at the appropriate Chief Executive Team member’s discretion, the employee will be offered the opportunity to sign a “last chance agreement,” which specifies the conditions of continued employment. The conditions shall include, but not be limited to, the following:
(i) Completion of an alcohol and drug assessment;
(ii) Terms for complying with assessment goals;
(iii) Completion of any necessary releases of information to permit the Human Resources Department to monitor the employee’s compliance with the last chance agreement;
(iv) Provision of all documentation required demonstrating successful progress of assessment goals; and
(v) Submission to urine tests on a random basis not to exceed one year from the date of the assessment.
(c) If the employee declines to enter into the last chance agreement or does not comply with the above listed requirements, the employee shall be terminated. Those employees who choose to resign or who are terminated due to noncompliance will not be eligible for reemployment with the Tribe until they can provide documentation of completion of a certified drug and alcohol rehabilitation program and/or have been drug and alcohol free for a period of six months.
(4) An employee who has a second positive test within two years of an initial positive test will result in the immediate termination of employment. [Res. 2022-10-016 § 1, 2022.]