KCTCS Drug-free Policy

3.3.13.1 Drug Abuse

3.3.13.1.1 KCTCS Policy Regarding Drug Abuse

The KCTCS is committed to providing a healthy and safe workplace for its employees. Conduct which is a violation of this policy poses unacceptable risk and disregard for the health, safety, and welfare of co-workers, students, and the total KCTCS community.

The unlawful possession, use, dispensation, distribution, or manufacture of controlled substances by employees, while on KCTCS property and/or on KCTCS business, is prohibited.

Any employee who engages in the unlawful possession, use, dispensation, distribution, or manufacture of controlled substances, while on KCTCS property and/or KCTCS business, or who is convicted of a criminal drug statute violation which occurred in the workplace or while on KCTCS business is subject to disciplinary action, up to and including suspension or discharge.

3.3.13.1.2 Legal Use of Prescribed Medicines

The legal use of prescribed medicines under the direction of a licensed physician is permitted. Employees in selected positions, designated by KCTCS, are required to make such use known to an appropriate KCTCS representative, as described in college standard operating procedures. Employees using prescribed medicines should consult with a physician concerning the safe use of the drug during working hours.

3.3.13.1.3 Delegation

Authority for enforcement of this policy is vested with the KCTCS Chancellor/Vice Presidents.

3.3.13.1.4 Procedure

The KCTCS provides for its employees educational programs and general information on the following:

1. The dangers of drug use and abuse in the workplace;
2. KCTCS Drug Free Policy;
3. The availability of drug counseling, rehabilitation, and employee assistance programs; and
4. The penalties for violation of the KCTCS Drug Abuse Policy.

In the KCTCS colleges, whenever a supervisor witnesses the unlawful possession, use, dispensation, distribution, or manufacture of controlled substances by an employee, that supervisor shall notify the college president/chief executive officer who shall (1) immediately notify the appropriate police authority, (2) suspend the employee pending further investigation, and (3) inform the college chief official for Human Resources.

The college president/chief executive officer in conjunction with the employee's supervisor and the college chief personnel officer, shall conduct an investigation and, based on the factual information obtained from all parties, determine whether there has been a violation of this policy, and report the evidence to the KCTCS Vice President primarily responsible for Human Resources.

All discussions, investigations and basis for disciplinary or rehabilitative actions shall be strictly confidential.

If the evidence confirms that the staff employee has violated this policy, the KCTCS Vice President primarily responsible for Human Resources, in conjunction with the college president/chief executive officer, shall determine the appropriate sanction to include the following:

1. Disciplinary action up to and including suspension or discharge; and/or
2. Referral to an employee assistance program and/or drug rehabilitative program.

Whenever a supervisor notices an employee with overt signs of mental or physical impairment thought secondary to substance abuse, or when job related behavior or work performance suggests substance abuse, the college president/chief executive officer shall refer the employee to an appropriate local rehabilitation health service. The decision to acknowledge substance abuse and accept therapeutic intervention rests with the employee, and participation in an employee assistance program or rehabilitation program is voluntary. However, refusal to participate in appropriate intervention program(s) shall result in disciplinary action, up to and including suspension or dismissal.

The college president/chief executive officer with the college chief personnel officer shall monitor the progress of the employee and inform the supervisor of the employee's progress and anticipated safe return to the job.

If an employee with suspected substance abuse and/or poor work performance, thought secondary to that substance abuse, refuses employee assistance program referral and/or appropriate rehabilitation services, the college president/chief executive officer with the college chief personnel officer and the employee's supervisor shall institute the appropriate work performance evaluation and action.

In compliance with the Federal Drug-Free Workplace Act of 1988 (Section 5151), an employee shall abide by this Drug Abuse Policy, and notify the immediate supervisor if the employee is convicted of a criminal drug offense occurring in the work place or while on KCTCS business within (5) days after the conviction. The immediate supervisor shall immediately notify the college president/chief executive officer when an employee is involved.

If the employee is under federal contract or grant, the immediate supervisor shall notify the sector chief personnel officer who shall notify the Chancellor who in turn shall notify the appropriate federal contract/granting agency within ten (10) days after notification by the supervisor of the conviction.

Within thirty (30) days after an employee's conviction for a drug offense on KCTCS property and/or on KCTCS business, the KCTCS shall take appropriate sanctions and remedies in accordance with this policy, and Kentucky Community and Technical College System policies and procedures, up to and including suspension or dismissal, and/or satisfactory participation in an approved substance abuse assistance/rehabilitation program.

3.3.13.1.5 Student Employees

If evidence confirms that a student employee has violated this policy, the college president/chief executive officer with the college chief personnel officer, consistent with Kentucky Community and Technical College System policies and procedures, shall determine the appropriate sanction in accordance with the student employee's status as an at-will employee.

Nothing in this policy shall be construed to prohibit or interfere with whatever appropriate disciplinary action may be taken in accordance with the student employee's student status, as provided by the Code of Student Conduct.

3.3.13.1.6 Drug Free Workplace Notification

Set forth in Appendix I is a memorandum regarding Drug-Free Workplace Notification.