• Section 1 - Purpose
• Background
• Scope
• Section 2 - Policy
• University Related Functions
• Major Events
• University Support
• Confidential Referral and Counselling for Drug and Alcohol Related Problems
• Disciplinary Action
• Use of Illegal Drugs in Research
• Compliance and Breaches
• Section 3 - Procedures
• Section 4 - Guidelines
• Section 5 - Definitions

Section 1 - Purpose

(1) The purpose of this Policy is to:

1. support the University’s commitment to provide a safe place for people to work, study and visit;
2. inform staff and students about the support available to them if they suffer from an alcohol or drug problem;
3. encourage strategies which minimise the adverse impacts of alcohol and drugs on the workplace;
4. set expectations about appropriate consumption and use of alcohol and drugs at the University;
5. minimise the University’s exposure to legal action arising from the inappropriate consumption/use of alcohol or drugs; and
6. protect the reputation of the University.

Background

(2) Macquarie University (the University) requires that staff and Affiliates engaged in University business and students participating in learning, teaching and research activities must not be Impaired by alcohol or other drugs.

(3) Persons who are Impaired by alcohol or drugs or Intoxicated while at work or study can compromise the health, safety and welfare of the individual concerned, as well as other staff, students, Affiliates and visitors and may affect an individual’s ability to perform their duties competently and safely.

(4) Inappropriate or unlawful conduct that arises out of the use of alcohol or drugs can expose the University and the individual to legal liability.

Scope

(5) This Policy applies to staff, students and Affiliates of the University and its Controlled Entities and visitors to the University who are:

1. in attendance at University Premises; and/or
2. undertaking study or performing work for or on behalf of the University (whether or not that work or study is performed on University Premises); or
3. taking part in a University activity as a participant or representative of the University (for example field trips, inter-University events, MQ Clubs and Societies, conferences).

Section 2 - Policy

(6) The University is committed to providing a productive, safe and healthy work and study environment.

(7) Staff and Affiliates who are performing work duties must not be Impaired or Intoxicated by alcohol or drugs.

(8) Staff, students and Affiliates who are Impaired by alcohol or drugs must not operate a University vehicle, boat, powered tools and equipment or machinery, and must not work in laboratories, workshops, plant rooms, service tunnel or other Hazardous Locations.

(9) Staff, students and Affiliates must not operate a vehicle on University grounds while Impaired or Intoxicated by alcohol or drugs.

(10) The University does not support nor condone any activity that results in irresponsible, rapid or excessive consumption, including binge drinking and drinking games.

(11) The University will not use alcohol as a reward or incentive.

(12) Staff using prescribed or over the counter medications are to be aware that these medications can affect their ability to perform their work safely. Where the use of such medications has an impact on the person’s ability to safely discharge their duties, the staff member must notify their manager/ supervisor and discuss suitable alternative work arrangements.

(13) Students taking prescribed or over the counter medication should consider any side effects and any adverse impact the medication may have on undertaking a learning activity. Students must notify their course supervisor or unit convenor to discuss alternatives to undertaking a learning activity, if a side effect will affect their capacity or safety, or the safety of others during the learning activity.

(14) Staff, students and Affiliates must not be Intoxicated by alcohol or drugs on University Premises. An Intoxicated person may, however, remain on University Premises if there are reasonable grounds to believe the person requires medical assistance and help has been sought, or needs transport and arrangements have been made. The person should be actively supervised or checked-on every 10-15 minutes until they leave the premises.

(15) Staff, students and Affiliates must not give or cause another person to be given food or drink containing an Intoxicating substance (drink spiking) if the recipient is unaware of its presence or if it contains a greater amount than the recipient would reasonably expect.

(16) The University, in providing places for the sale and consumption of alcohol on University Premises, will ensure that the sale is in accordance with all laws, licensing conditions and relevant requirements and will provide access to non-alcoholic alternatives. The University will ensure that food is available where required by law or as a condition of any liquor licence.

(17) The University bans the consumption of Illegal Drugs on University Premises. Staff, students and Affiliates must not use, grow, possess, manufacture, store, distribute, or offer to distribute Illegal Drugs on University Premises. Staff, students and Affiliates must not bring Drug Paraphernalia to University Premises or to University activities.

(18) Staff and students who engage in inappropriate or unlawful behaviour on University Premises as a result of consuming alcohol or other drugs may be subject to disciplinary action.

(19) Some medical conditions, disabilities or the use of prescription medication may cause behaviours that are similar to those that may be induced by Intoxication through alcohol or drug consumption. This should be considered prior to taking action under this Policy so as to avoid discrimination, harassment or embarrassment.

University Related Functions

(20) There are times when it is appropriate for staff, students and/or Affiliates to consume alcohol in the course of their work/study or during associated activities such as:

1. work related functions where alcohol is served, including after-hours and/or off-site social functions;
2. networking/business engagement activities;
3. campus celebrations – such as graduation, launches or dedications; and
4. informal gatherings of colleagues.

(21) As required by law if alcohol is to be served or sold at a Temporary Liquor Control Area (or under any liquor licence), a person who holds such a licence must be engaged to manage the responsible service of alcoholic beverages.

(22) Informal gatherings of staff and Affiliates are excluded from the requirement in clause 20 where the alcohol is provided for the consumption by individuals attending the gathering and is not for sale.

(23) All staff and Affiliates attending informal events must take personal accountability for ensuring they consume alcohol responsibly. Managers approving such events are responsible for ensuring that appropriate risk management strategies are put in place to ensure the safety of attendees and the community.

(24) Where alcohol is consumed at such informal events, staff, students and Affiliates must conduct themselves in a responsible and appropriate manner, including:

1. not consuming alcohol to a level where they become Intoxicated;
2. not engaging in conduct that could impact negatively on the University or those associated with the University and their respective reputations; or that damages the University’s relationship with other parties;
3. not encouraging others to engage in the irresponsible use of alcohol; and
4. not engaging in or encouraging others to use Illegal Drugs or engage in activities that are violent, intimidating, and illegal or breach University policies or Codes of Conduct.

(25) In instances where a person’s consumption of alcohol is deemed excessive, or where the person becomes Intoxicated, the University will take reasonable steps to ensure the safety of the Intoxicated person and attendees of the function. In instances where an Intoxicated person leaves the event, a senior member of staff, security personnel or other authorised or designated person should ensure that the Intoxicated person has a safe option of getting home (for example, a taxi, suitable rideshare service or relative to pick them up). The University may recover the cost of transport from the Intoxicated person.

(26) In instances where an event is held on licenced premises, the licensee is required by law to refuse service to an Intoxicated individual and ask them to leave the premises. To provide protections for vulnerable patrons there are limited circumstances where a licensee may allow an Intoxicated person to remain on the licensed premises. This allows licensees to prioritise patron wellbeing without breaching the Liquor Act 2007 (NSW).

Major Events

(27) Staff, students, Affiliates and visitors attending a Major Event have a choice as to whether they will consume alcohol. The University is committed to providing an environment that protects the right of staff students and Affiliates to attend these events without consuming alcohol or experiencing pressure to do so.

(28) All Major Events will be managed in accordance with all applicable laws and licensing conditions and requirements and the University’s policies.

(29) The sale of food, low or non-alcoholic beverages, and the provision of alcohol-free zones are a mandatory component of the University’s strategy for Major Events.

(30) Alcohol consumption will only be permitted within specified, sign-posted, alcohol access and consumption zones during Major Events.

(31) Suitably trained staff must be engaged to ensure that alcohol is served in accordance with all applicable laws and licensing conditions and relevant requirements.

(32) Where a person has become Intoxicated at a Major Event, they will be removed from the event, taking into account their safety and wellbeing, and re-entry to some or all University Premises will be denied. In appropriate circumstances, the University may call on the assistance of the Police.

University Support

(33) The University will make available to staff and students information about responsible alcohol use, harm minimisation and rehabilitation programs for those who are addicted to alcohol or use Illegal Drugs, as well as providing information about this Policy.

(34) Care and support are important principles when responding to a person affected by drug and alcohol related illness and appropriate counselling and medical services should be encouraged.

Confidential Referral and Counselling for Drug and Alcohol Related Problems

(35) The University acknowledges that staff and students may experience problems as a result of using alcohol or other drugs. While this does not excuse poor performance and/or behaviour, alcohol and drug related problems should be addressed in a supportive manner.

(36) The University will provide support to effected staff by assisting with referral for treatment and confidential counselling services. Referral will be coordinated between the staff member and their medical practitioner.

(37) Students who are identified as having a drug and/or alcohol problem(s) will be referred to Student Wellbeing for referral to appropriate treatment and counselling services.

(38) Seeking assistance related to addressing a drug and alcohol problem will not, by itself, result in disciplinary action, nor will it affect the employment/study status of the person involved.

(39) The University will, as far as reasonably practicable, manage concerns in relation to potential drug and/or alcohol misuse by staff and students confidentially and with the appropriate level of sensitivity. This means that information about a concern will only provided to those people who need to know in order for the University to discharge its duty to maintain a safe and healthy workplace for all staff, students, Affiliates and visitors.

(40) If there is a situation where alcohol or drug misuse may contribute to potentially significant safety, legal or performance incidents, the University will act responsibly to protect its staff, students, Affiliates, visitors and the community in which it operates.

Disciplinary Action

(41) Staff who breach this Policy may be subject to disciplinary proceedings as outlined in the Macquarie University Enterprise Agreements.

(42) Students who breach this Policy may be subject to the provisions outlined in the Student Conduct Rule, Student Code of Conduct and Student Conduct Procedure.

Use of Illegal Drugs in Research

(43) The University may undertake research using Illegal Drugs and alcohol. This Policy does not impact on the use of these drugs and alcohol for lawful research, analysis or instruction purposes that have all relevant authorities and approvals, including approval by relevant government authorities (if required) and University ethics committees (if required).

(44) The storage and use of Illegal Drugs for the purpose of research, analysis or instruction will be managed in a manner consistent with all applicable laws.

(45) The University requires that two appropriately authorised individuals are to be present at the time of dispensing and disposing of Illegal Drugs for research, analysis or instruction purposes.

(46) Staff, students and Affiliates who are authorised to work with Illegal Drugs must do so in accordance with the relevant policy instrument.

Compliance and Breaches

(47) In accordance with the Staff Code of Conduct and the Student Code of Conduct and other relevant policy instruments, the University may commence applicable disciplinary procedures if a person to whom this Policy applies breaches this Policy (or any of its related procedures). A breach may also result in referral to NSW Police.

Section 3 - Procedures

(48) Nil.

Section 4 - Guidelines

(49) Nil.

Section 5 - Definitions

(50) The following definitions apply for the purposes of this Policy:

1. Affiliates includes contractors, agents, honorary, clinical or adjunct appointees and consultants of the University.
2. Drug paraphernalia means any drug equipment, products and materials which are used, intended for use or designed for use in:
   1. planting, propagating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analysing, repackaging, storing, containing or concealing any illegal drug or plant; or
   2. injecting, ingesting, inhaling or otherwise introducing into the body an illegal drug.
3. Hazardous Location means buildings in which a fire or explosion hazard exists due to the presence of (1) flammable gases, flammable liquids, their mixtures, or other flammable substances, (2) combustible dust or filings in large enough quantity to cause a fire or explosion, and/or (3) easily ignitable fibers or material.
4. Illegal Drugs means:
   1. a plant, drug or substance the Possession, use or distribution of which is unlawful or, if only available on prescription for which the relevant person does not have a prescription; and
   2. a substance the chemical structure of which is substantially similar to the chemical structure of an illegal drug as described above and has a substantially similar effect to an illegal drug.
5. Impairment or Impaired means that in the opinion of the University a person displays altered normal physical or mental capacity resulting in a diminished ability to perform assigned tasks in a safe and productive manner, which may include the display of one or more of the signs listed in the Alcohol and Drug Schedule.
6. Intoxicated (also referred to as being drunk) means that in the opinion of the University, a person is Impaired to such an extent that:
   1. the person’s speech, balance, co-ordination or behavior is noticeably affected and may include display of one or more of the signs listed in the Alcohol and Drug Schedule; and
   2. it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behavior is the result of the consumption of alcohol or another drug or a combination of drugs.
7. Intoxicating includes stupefying.
8. Major Event means a large-scale, University related gathering of a few hours or days to celebrate, honour, discuss or educate which attracts a large crowd or media attention.
9. Possession of anything by a person includes that person being in control of that thing or it being in the vicinity of that person in circumstances where it is reasonable to assume that it has in the recent past been in that person’s possession or control.
10. Premises means any:
    1. building, structure, aircraft, vehicle or vessel; or
    2. land or place (whether or not it is enclosed, built on or covered by water).
11. Temporary Liquor Control Area means any University Premises designated for a University related function or Major Event where alcohol is served or sold at an unlicensed venue on campus.
12. University means:
    1. Macquarie University;
    2. any affiliated institution;
    3. any college; and
    4. any educational institution located on University Premises.
13. University Premises includes:
    1. any Premises owned, operated, supervised, occupied or controlled by the University or in which it has an interest including Premises of which the University is the landlord;
    2. any Premises on which University activities take place; and
    3. any college Premises.