3.03 / Drug Free Workplace

  1. Policy

    1. It is the policy of Wichita State University that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in buildings, facilities or grounds controlled by the University (hereinafter referred to as "workplace"). Any officer or employee of the University, including faculty, other unclassified personnel, university support staff and student employees, found to be illegally manufacturing, distributing, dispensing, possessing or using controlled substances at the workplace shall be subject to disciplinary action in accordance with applicable policies of the State of Kansas, the Board of Regents and Wichita State University. Officers and employees are reminded that illegal manufacture, distribution, dispensing, possession or use of controlled substances may also subject individuals to criminal prosecution.

    2. As a condition of employment, all employees of Wichita State University shall abide by the terms of this policy statement and will notify Wichita State University of any criminal drug conviction for a violation occurring in the workplace no later than five days after such conviction. Wichita State University will, in turn, notify as appropriate, the applicable federal agency of the conviction within ten days of its receipt of notification of the conviction. For purposes of this policy, "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

    3. The term "controlled substances" as used in this policy means those substances included in Schedule I through V of section 202 of the Controlled Substances Act and as further defined by regulation at 21 CFR 1300.11 through 1300.15. A listing of controlled substances will be maintained in the Office of Equal Employment Opportunity, Human Resources, Research and Technology Transfer, and at other appropriate locations on campus. The term does not include the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

    4. Drug Awareness Program

      The Wichita State University Drug Awareness Program includes but is not limited to the following:

      1. Drug-Free Workplace Policy statement (above) — This policy will be distributed to current employees at the time they sign up for employment, and will be referenced in the Handbook for Faculty, Staff and Students as each is updated.

      2. Special programs — Educational programs on drug awareness and substance abuse will be presented on a periodic basis to inform employees of the dangers of drug abuse in the workplace and promote a drug-free work environment and workplace.

      3. Counseling and Testing Center services — The Counseling and Testing Center is a resource available to all employees for drug awareness and substance abuse counseling, information, and programs. Employees are encouraged to use this resource to assure a drug-free environment and workplace.

      4. Penalties for policy violation — In accordance with University disciplinary policies and practices, when an employee is found in violation of this policy he/she may be subject to penalties up to and including termination. Employees may also be required to satisfactorily participate, at their expense, in a substance abuse or rehabilitation program before being allowed to return to work. Appropriate action will be taken within 30 days of notice to the University of a conviction or violation of the statement on drug-free workplace.

  2. Implementation

    1. When required for the award of a grant and/or contract, the Office of Research and Technology Transfer will provide certification that the University is a drug-free workplace.

    2. Employees must notify their supervisor of a criminal drug statute conviction for a violation occurring in the workplace no later than five working days after such conviction. The supervisor must notify the employee's vice president, who shall assure compliance with further notification requirements.

    3. Within ten working days of notification of a drug conviction of an employee, the Office of Research and Technology Transfer shall notify the appropriate granting/contracting agency of the conviction. Within 30 days of the employee's notice, the University shall take appropriate disciplinary action.