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or alcohol test required by the City unless the City has independent grounds for doing so or the following conditions have been met: The City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the city after consultation with a SAP or LADC. The City will determine whether to use an LADC or SAP. Participation by the employee in any recommended substance abuse treatment program will be at the employee's own expense or pursuant to the coverage under an employee benefit plan. The SAP or LADC will determine if the employee has followed the rehabilitation program as recommended. • Refusal to Participate in a Treatment Program. If the employee refuses to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion, the City will discharge the employee. • Second Positive Test Result. A second positive confirmed test result will result in dismissal proceedings against the employee. • Other Misconduct. Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds other than a positive test result in a confirmatory test, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other City personnel policies. F. Appeal Process Concerning disciplinary actions taken pursuant to this policy, the appeal procedures are as follows: • Job applicants have no right of appeal. • Probationary, temporary, and seasonal safety - sensitive employees have no right of appeal. • Full -time and part-time non -union employees will follow grievance procedures included in this personnel policy. • Employees covered by a collective bargaining agreement may contact their respective union representatives. G. Contact for Additional Information If you have any questions about this policy or the City's controlled substance and alcohol testing procedures, you may contact your immediate supervisor or Administration to obtain additional information. II. Confidentiality and Privilege Test result reports and other information acquired in the drug or alcohol testing process are considered private data on individuals as defined in Minnesota Statute 13.02, Subd. 12. Test results and other information acquired in the drug or alcohol testing process shall not be disclosed to a third party individual, governmental agency, or private organization without the written consent of the employee or job applicant. Evidence of a positive test result on a confirmatory test may be: 44