Drug-Free Workplace ProceduresHRBP icon

Wichita State University (University) is committed to providing a safe work environment and fostering Employees' good health, as well as protecting University property and assets.  Policy 3.03 / Drug-Free Workplace prohibits reporting to work or performing work for the University while impaired by, or under the influence of, Controlled Substances or alcohol.  It further prohibits the unlawful manufacture, distribution, dispensing, possession or use of a Controlled Substance in the workplace, or while the Employee is on duty, official University business, or stand-by-duty.  The University provides the following procedures to provide Leadership and Employees with knowledge of how the University enforces this policy.

Who is an “Employee” and who is “Leadership” under these procedures?

For purposes of these procedures, “Employee” and “Leadership” are defined in Policy 3.03 / Drug-Free Workplace.

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What should an Employee do if he/she needs help for a drug or alcohol problem?

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. 

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What should an Employee do if he/she suspects another Employee is in violation of University policy relating to the manufacture, distribution, dispensing, possession, or use of drugs and/or alcohol?

Pursuant to Policy 3.03 / Drug-Free Workplace, as a condition of their employment, Employees are strictly prohibited from:

  • Reporting to Campus or performing work for the University while impaired by, or under the influence of, Controlled Substances;
  • Reporting to Campus or performing work for the University while impaired by, or under the influence of, alcohol; and
  • Manufacturing, distributing, dispensing, possessing or using a Controlled Substance on Campus, or while the Employee is on duty, on official University business, or on Stand-by-Duty.

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 his/her Leadership, or the Leadership of the Employee. 

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If Leadership has Reasonable Suspicion that one of his/her Employees has engaged in these prohibited activities, Leadership should:

  1. Document the specific observations and behaviors that caused your Reasonable Suspicion using the Report of Suspected Drug and/or Alcohol Use. Indicate specifically what prohibited behavior is suspected (e., use of alcohol or distribution of an illegal drug).  Examples of observations and behaviors that create Reasonable Suspicion are set forth below.
  2. Make a reasonable, good faith attempt to obtain a second opinion, and have the second witness document the specific observations and behaviors that he/she independently witnessed using the attached Report. Leadership should seek the second opinion of a Leadership-level Employee or a member of the University Police Department, unless no such Employee is available.

  3. Immediately consult with the appropriate Human Resources Business Partner (HRBP) to determine next steps, including whether the Employee should be sent for drug and/or alcohol testing (e., for Reasonable Suspicion of use) and/or subject to corrective action.

    As a state educational institution, only certain employees are subject to drug and/or alcohol testing and only certain circumstances justify testing. Leadership should consult with the appropriate HRBP before subjecting any Employee to a drug and/or alcohol test.

  4. Immediately contact the University Police Department or appropriate law enforcement agency if it is suspected that any illegal drugs or drug paraphernalia are being manufactured, distributed, dispensed, or possessed on campus. Cooperate fully with law enforcement in turning the drugs/paraphernalia over.

If the Employee will be subject to drug and/or alcohol testing:

  1. The Leadership and HR 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. A member of Leadership must transport the Employee or arrange for the Employee to be transported.
  3. Based on the results of the drug and/or alcohol testing, Leadership and HR will make determinations as to whether the Employee will be subject to corrective action, placed on administrative leave, allowed to return to work, or whether other action will be necessary.

If the Employee will not be subject to drug and/or alcohol testing:

  1. The Employee may be placed on paid administrative leave for the remainder of the day.

  2. If there is Reasonable Suspicion that the Employee used or is under the influence of drug and/or alcohol, under no circumstances should the Employee be allowed to drive themselves home.  A member of Leadership must transport the Employee or arrange for the Employee to be transported.

    Leadership will meet with the employee immediately upon his/her return to work the next day. The Employee will be given the opportunity to explain any circumstances that may have caused the behaviors observed.

  3. Leadership and HR will determine what, if any, appropriate corrective action steps should be taken.

    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 Leadership with collaboration with HR.

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Is the use of prescription drugs a violation of University policy?

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 safely and effectively perform job duties. 

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What University Employees are subject to drug and/or alcohol testing?

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.

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When can an Employee be tested for drugs and/or alcohol? 

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

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. 

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What is Reasonable Suspicion?

Reasonable Suspicion can be based on any of the following:

  • Direct observation of manufacture, distribution, dispensing, possession, or use in the workplace, including observation of drugs and/or alcohol in the Employee’s possession or vicinity.
  • Reliable reports of manufacture, distribution, dispensing, possession, or use in the workplace.
  • The opinion of a medical professional.
  • Admission of the Employee.
  • Significant changes in physical 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)

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SME: RR
Updated: 04/21/2022 SA