Policy 3.03 / Drug-Free Workplace does not prohibit employees from the lawful use or possession of prescribed medications. It does prohibit unlawful distribution, dispensing, possession, or use of prescription drugs.

Employees should not perform their duties while taking prescribed drugs that adversely affect their ability to perform job duties safely and effectively.

The University will assist and support an employee who voluntarily seeks help for a drug or alcohol problem if the employee seeks help before becoming subject to corrective action or involuntary separation, per University policies regarding the use of drugs and/or alcohol.

Employees may utilize the Employee Assistance Program (EAP) for support and information. Faculty members should review Policy 4.32 / Substance Abuse for additional faculty resources.

Employees holding a position that is designated as “safety sensitive” under Kansas law (which includes state law enforcement officers who are authorized to carry firearms, see K.S.A. 75-4362), employees in a commercial driver position” (i.e., those who are required to operate a commercial motor vehicle with a gross vehicle weight of over 26,000 lbs. or designed to carry more than 16 passengers), and employees that are providing services pursuant to a contract or grant requiring compliance with applicable federal laws may be subject to drug and/or alcohol testing in various situations. See Policies 3.23 / Commercial Driver’s License – Drug and Alcohol Testing; 3.51 / Pre-Employment Drug Screening.

Employees subject to testing can be tested based on Reasonable Suspicion, as identified below.

· Employees in a “commercial driver position” may be subject to additional drug and/or alcohol testing, including pre-employment, pre-duty, random testing, reasonable suspicion testing, return-to-duty, follow up testing, and post-accident testing. See Policies 3.23 / Commercial Driver’s License – Drug and Alcohol Testing; 3.51 / Pre-Employment Drug Screening

· State law enforcement officers who are authorized to carry firearms and other “safety sensitive” positions (as defined in K.S.A. 75-4362) are additionally subject to pre-employment drug screening, following the receipt of a conditional offer of employment, as set forth in 3.51 / Pre-Employment Drug Screening.

In cases where there is suspicion that an employee is under the influence of drugs or alcohol, it is important that a leader be notified immediately. Immediately upon notice, the leader should be prepared to follow the guidelines below to address Reasonable Suspicion.

If an employee has Reasonable Suspicion (defined below) that another employee has engaged in these prohibited activities, the employee should immediately report the suspicions to their leader, or the leader of the employee.

If you are the leader, you should follow the steps for addressing reasonable suspicion found below.

What is Reasonable Suspicion?

A situation in which an employee may be under the influence of drugs or alcohol in the workplace is said to present “reasonable suspicion.” In other words, it is objectively reasonable to suspect, based on behavior or sensory observations that the employee could be under the influence of drugs or alcohol. If reasonable suspicion exists, the leader must take immediate steps to objectively evaluate and address the situation appropriately.

Reasonable suspicion can be based on any of the following:

• Significant changes in sensory and behavioral characteristics, including but not limited to:
  • Odors (smell of alcohol, body odor, or urine)
  • Movements (unsteady, fidgety, dizzy, excessive, stumbling, unable to walk)
  • Eyes (dilated, constricted, bloodshot, or watery eyes, or involuntary eye movements)
  • Face (flushed, sweating, confused or blank look, clinched teeth, slobbering)
  • Speech (slurred, slow, distracted mid-thought, inability to verbalized thoughts, incoherent or rambling, yelling or shouting)
  • Emotions (argumentative, aggressive, agitated, irritable, drowsy, impatient)
  • Actions (yawning, twitching)
  • Inactions (sleeping, unconscious, no reaction to questions, lack of awareness)
  • Demeanor (uncooperative, sleeping on the job, mood swings, forgetful, decreased or increased productivity)
• Admission of the Employee.

If available, the leader should partner with an HR Business Partner, for support and guidance to navigate this process. If they are unable to reach their assigned HRBP, the leader can email all HRBP’s at HRBP@wichita.edu. Please include the best way to reach you for this situation.

If no HRBP is readily available, the information below allows the leader to proceed and address the situation immediately. An HRBP will reach out to you as soon as possible to provide additional guidance

In cases where there is reasonable suspicion that the employee is under the influence of alcohol or drugs; it is important that the leader objectively observes the employee and documents the situation. (See explanation of Reasonable Suspicion above.) When possible, the leader should partner with another leader to obtain a second opinion. (This could be their leader, another leader in their area, or a leader in another area.)

1. Participate in a general conversation with the employee. Observe their appearance and behavior using indicators from the Reasonable Suspicion Checklist. Immediately after the conversation, the leader should complete the checklist in a private location.
2. Document the specific observations and behaviors that contribute to your reasonable suspicion using the Reasonable Suspicion Checklist. Indicate specifically what prohibited behavior is suspected (e.g., use of alcohol or distribution of an illegal drug). Examples of observations and behaviors that create Reasonable Suspicion are set forth above under “What is Reasonable Suspicion.”
3. Make a reasonable, good faith attempt to obtain a second opinion from another leader and have the second leader document the specific observations and behaviors that they independently witnessed using the Reasonable Suspicion Checklist. To objectively observe the employee, have the second leader participate in a conversation with the employee. Observe their appearance and behavior using indicators from the Reasonable Suspicion Checklist. Immediately after the conversation, the leader should complete the checklist in a private location.
   1. If the leader does not conclude the employee could be under the influence, the leader should take the appropriate action to assist the employee and ensure the work environment is productive.
4.                    a. The leader should communicate with their HRBP explaining what took place, what conclusion was reached, and how the result was navigated. This information should be shared along with electronically sending to the HRBP the Reasonable Suspicion Checklist(s), and any other information the leader used to make their decision This information, should be sent via email within 24 hours of completion.

There are variations in the next steps depending upon if the employee is a faculty member, employed in a safety sensitive position or position requiring a CDL, or neither of those two.As a state educational institution, only certain employees are subject to drug and/or alcohol testing and only certain circumstances justify testing. Leadership should follow the information below and consult with the appropriate HRBP if available before subjecting any employee to a drug and/or alcohol test.

After completing the Reasonable Suspicion Checklist, the leader believes reasonable suspicion is present, and the employee is a faculty member:

1. 1If the leader believes that the faculty member may be in violation of the University’s policy or not capable of appropriately performing their job duties due to being under the influence, Policy 4.32/Substance Abuse requires the employee’s supervisor to discuss the situation with the Associate Vice President and University Title IX Coordinator for pertinent rules and requirements concerning protection of rights of the person believed to be suffering from a substance abuse problem.
2. The leader can reach out to their HRBP for advice or assistance in completing the Reasonable Suspicion Conversation Worksheet to plan out their conversation with the employee. This document may also be used to discuss the situation with the Associate Vice President and University Title IX Coordinator. The Associate Vice President and University Title IX Coordinator may have additional suggestions to consider and incorporate these into the advice to help determine the next steps.
3. The leader should follow the steps on the Reasonable Suspicion Conversation Worksheet to conduct and document their conversation with the employee. The steps on the worksheet provide guidance on determining if the faculty member can return to work or should obtain transportation home.

After completing the Reasonable Suspicion Checklist, the leader believes reasonable suspicion is present, and the employee is in a safety sensitive position (this includes positions in the University Police Department-CS404 University Police Officer, CS406 University Police Sergeant, MA003 University Police Captain, MA200 University Police Chief, CS403 University Police Detective) or a position requiring a CDL:

1. If the leader believes that the employee in a safety sensitive position and may be in violation of the University’s policy or not capable of appropriately performing their job duties due to being under the influence, the leader should begin to complete the Reasonable Suspicion Conversation Worksheet to plan out their conversation with the employee.
2. The leader should follow the steps on the Reasonable Suspicion Conversation Worksheet to conduct and document their conversation with the employee. The steps on the worksheet provide guidance on determining if the employee can continue to work, is subject to reasonable suspicion testing, or should obtain transportation home.

After completing the Reasonable Suspicion Checklist, the leader believes reasonable suspicion is present, and the employee is neither a faculty member nor in a safety sensitive position:

1. If the leader believes that the employee (who is not a faculty member or in a safety sensitive position) may be in violation of the University’s policy or not capable of appropriately performing their job duties due to being under the influence, the leader should begin to complete the Reasonable Suspicion Conversation Worksheet to plan out their conversation with the employee.
2. The leader should follow the steps on the worksheet to conduct and document their conversation with the employee. The steps on the worksheet provide guidance on determining if the employee can return to work or should obtain transportation home.

1. The leader will communicate with the employee regarding the location of the drug and/or alcohol testing and expectations regarding the testing.
2. An employee who is notified of the need to submit for testing must report immediately to the identified collection site. Under no circumstances will the Employee be allowed to drive themselves to the testing facility or home. See the Reasonable Suspicion Worksheet for the appropriate transportation options.
3. The leader will partner with their HRBP, and the employee will be placed on administrative leave pending the results of the drug and/or alcohol testing. Administrative leave is generally paid. Your HRBP will provide further guidance as necessary.
4. Based on the results of the drug and/or alcohol testing, the leader and HR will make determinations as to whether the employee will be subject to corrective action, allowed to return to work, or whether other action will be necessary.

1. The employee may be removed from work/sent home (with pay) for the remainder of the day.
2. If there is reasonable suspicion that the employee has recently used or is under the influence of drug and/or alcohol, under no circumstances should the employee be allowed to drive.
   1. The leader will meet with the employee immediately upon their return to work the following workday. The employee will be given the opportunity to explain any circumstances that may have caused the behaviors observed.
3. If applicable, the leader and HR will determine what appropriate corrective action steps should be taken.
   1. Employees who are not subject to drug and/or alcohol testing can still be subject to corrective action, up to and including separation, for violations of policy (including violations of Policy 3.03 / Drug-Free Workplace) and/or for performance concerns or issues related to working while impaired. These decisions should be made by the leader in collaboration with HR.