Common use of Independent Testing Clause in Contracts

Independent Testing. 28.8.1 If the test results are positive, the affected officer shall have the right to request independent testing of the “B” specimen. The request must be made to the Vice Chancellor, Human Resources/Designee by the officer no later than five (5) days after receipt of predisciplinary notice. The right of the officer to independent testing of the “B” specimen shall include: 28.8.1.1 The right to have the “B” specimen tested in another SAMHSA certified laboratory. 28.8.1.2 The right to have the GC/MS, or other testing methodology of equivalent quality or acceptability, conducted at District expense and maintaining the same notification of results. 28.8.1.3 Any other testing of the “B” specimen that is requested by the officer will be at his/her own expense. The designation of the test to be performed shall be communicated by the affected officer directly to the laboratory selected and shall be a confidential communication protected by the expert consultant privilege which shall extend to all communications between or on behalf of the affected officer and the independent test laboratory and its personnel. The privilege is waived if section 28.8.1.2 is applicable. 28.8.1.4 The officer shall first inform the Vice Chancellor, Human Resources/Designee who in turn will initially contact the District's Laboratory to provide for release of the specimen. The Vice Chancellor, Human Resources/Designee shall arrange with the District’s laboratory to deliver the “B” specimen to the laboratory designated by the officer. All arrangements will include the appropriate chain of custody and preservation of the “B” specimen. 28.8.2 If the employee intends to challenge the accuracy of the results of the original “A” specimen with the results of the subsequent “B” specimen or information from any other resource or expert consultant, the employee must provide the information/test results from the second (2nd) testing laboratory to the District prior to any and all disciplinary hearings or meetings. If the reports are not

Independent Testing. 28.8.1 18.6.1 If the test results are positive, the affected officer unit member shall have the right to request independent testing of the “B” specimen. The request must be made to the Vice Chancellor, Chancellor Human Resources/Designee by the officer no later than unit member five (5) days after receipt of predisciplinary notice. The right of the officer unit member to independent testing of the “B” specimen shall include: 28.8.1.1 18.6.1.1 The right to have the “B” specimen tested in another SAMHSA certified laboratory. 28.8.1.2 18.6.1.2 The right to have the GC/MS, or other testing methodology of equivalent quality or acceptability, conducted at District expense and maintaining the same notification of results. 28.8.1.3 18.6.1.3 Any other testing of the “B” specimen that is requested by the officer unit member will be at his/her own expense. The designation of the test to be performed shall be communicated by the affected officer unit member directly to the laboratory selected and shall be a confidential communication protected by the expert consultant privilege which shall extend to all communications between or on behalf of the affected officer unit member and the independent test laboratory and its personnel. The privilege is waived if section 28.8.1.2 18.6.1.2 is applicable. 28.8.1.4 18.6.1.4 The officer unit member shall first inform the Vice Chancellor, Chancellor Human Resources/Designee who in turn will initially contact the District's Laboratory to provide for release of the specimen. The Vice Chancellor, Chancellor Human Resources/Designee shall arrange with the District’s laboratory to deliver the “B” specimen to the laboratory designated by the officerunit member. All arrangements will include the appropriate chain of custody and preservation of the “B” specimen. 28.8.2 18.6.2 If the employee unit member intends to challenge the accuracy of the results of the original “A” specimen with the results of the subsequent “B” specimen or information from any other resource or expert consultant, the employee must provide the information/test results from the second (2nd) testing laboratory to the District prior to any and all disciplinary hearings or meetings. If the reports are notnot provided prior to the predisciplinary meeting, the reports may not be used in any future appeal hearing. 18.6.3 If testing is done to confirm the presence of the prohibited substance identified in the original test, it shall be done in accordance with SAMHSA’s Mandatory Guidelines regarding Retesting of a Specimen, wherein the quantity for a retest is not subject to a specific cut-off requirement but must provide data sufficient to confirm the presence of the drug or metabolite.

Independent Testing. 28.8.1 27.8.1 If the test results are positive, the affected officer shall have the right to request independent testing of the “B” specimen. The request must be made to the Vice Chancellor, Human Resources/Designee by the officer no later than five (5) days after receipt of predisciplinary notice. The right of the officer to independent testing of the “B” specimen shall include: 28.8.1.1 27.8.1.1 The right to have the “B” specimen tested in another SAMHSA certified laboratory. 28.8.1.2 27.8.1.2 The right to have the GC/MS, or other testing methodology of equivalent quality or acceptability, conducted at District expense and maintaining the same notification of results. 28.8.1.3 27.8.1.3 Any other testing of the “B” specimen that is requested by the officer will be at his/her own expense. The designation of the test to be performed shall be communicated by the affected officer directly to the laboratory selected and shall be a confidential communication protected by the expert consultant privilege which shall extend to all communications between or on behalf of the affected officer and the independent test laboratory and its personnel. The privilege is waived if section 28.8.1.2 Section 27.8.2 is applicable. 28.8.1.4 27.8.1.4 The officer shall first inform the Vice Chancellor, Human Resources/Designee who in turn will initially contact the District's Laboratory to provide for release of the specimen. The Vice Chancellor, Human Resources/Designee shall arrange with the District’s laboratory to deliver the “B” specimen to the laboratory designated by the officer. All arrangements will include the appropriate chain of custody and preservation of the “B” specimen. 28.8.2 27.8.2 If the employee intends to challenge the accuracy of the results of the original “A” specimen with the results of the subsequent “B” specimen or information from any other resource or expert consultant, the employee must provide the information/test results from the second (2nd) testing laboratory to the District prior to any and all disciplinary hearings or meetings. If the reports are not

Independent Testing. 28.8.1 27.8.1 If the test results are positive, the affected officer shall have the right to request independent testing of the “B” specimen. The request must be made to the Vice Chancellor, Human Resources/Designee by the officer no later than five (5) days after receipt of predisciplinary notice. The right of the officer to independent testing of the “B” specimen shall include: 28.8.1.1 27.8.1.1 The right to have the “B” specimen tested in another SAMHSA certified laboratory. 28.8.1.2 27.8.1.2 The right to have the GC/MS, or other testing methodology of equivalent quality or acceptability, conducted at District expense and maintaining the same notification of results. 28.8.1.3 27.8.1.3 Any other testing of the “B” specimen that is requested by the officer will be at his/her own expense. The designation of the test to be performed shall be communicated by the affected officer directly to the laboratory selected and shall be a confidential communication protected by the expert consultant privilege which shall extend to all communications between or on behalf of the affected officer and the independent test laboratory and its personnel. The privilege is waived if section Section 28.8.1.2 is applicable. 28.8.1.4 27.8.1.4 The officer shall first inform the Vice Chancellor, Human Resources/Designee who in turn will initially contact the District's Laboratory to provide for release of the specimen. The Vice Chancellor, Human Resources/Designee shall arrange with the District’s laboratory to deliver the “B” specimen to the laboratory designated by the officer. All arrangements will include the appropriate chain of custody and preservation of the “B” specimen. 28.8.2 27.8.2 If the employee intends to challenge the accuracy of the results of the original “A” specimen with the results of the subsequent “B” specimen or information from any other resource or expert consultant, the employee must provide the information/test results from the second (2nd) testing laboratory to the District prior to any and all disciplinary hearings or meetings. If the reports are not

Independent Testing. 28.8.1 If the test results are positive, the affected officer shall have the right to request independent testing of the “B” specimen. The request must be made to the Vice Assistant Chancellor, Human Resources/Designee by the officer no later than five (5) days after receipt of predisciplinary notice. The right of the officer to independent testing of the “B” specimen shall include: 28.8.1.1 The right to have the “B” specimen tested in another SAMHSA certified laboratory. 28.8.1.2 The right to have the GC/MS, or other testing methodology of equivalent quality or acceptability, conducted at District expense and maintaining the same notification of results. 28.8.1.3 Any other testing of the “B” specimen that is requested by the officer will be at his/her own expense. The designation of the test to be performed shall be communicated by the affected officer directly to the laboratory selected and shall be a confidential communication protected by the expert consultant privilege which shall extend to all communications between or on behalf of the affected officer and the independent test laboratory and its personnel. The privilege is waived if section 28.8.1.2 is applicable. 28.8.1.4 The officer shall first inform the Vice Assistant Chancellor, Human Resources/Designee who in turn will initially contact the District's Laboratory to provide for release of the specimen. The Vice Assistant Chancellor, Human Resources/Designee shall arrange with the District’s laboratory to deliver the “B” specimen to the laboratory designated by the officer. All arrangements will include the appropriate chain of custody and preservation of the “B” specimen. 28.8.2 If the employee intends to challenge the accuracy of the results of the original “A” specimen with the results of the subsequent “B” specimen or information from any other resource or expert consultant, the employee must provide the information/test results from the second (2nd) testing laboratory to the District prior to any and all disciplinary hearings or meetings. If the reports are notnot provided prior to the Xxxxxx meeting, the reports may not be used in any future appeal hearing. 28.8.3 If testing is done to confirm the presence of the drug(s) identified in the original test, it shall be done in accordance with SAMHSA’s Mandatory Guidelines regarding Retesting of a Specimen, wherein quantitation for a retest is not subject to a specific cut-off requirement but must provide data sufficient to confirm the presence of the drug or metabolite.