Initiating Authority

Human Resources

Purpose

Wichita State University (University) is committed to providing a safe and drug-free work environment, fostering Employees’ good health, protecting University property and assets and complying with all state and federal drug-free workplace initiatives through this drug-free workplace policy.

Policy Statement

1. The University maintains a drug-free workplace. As a condition of their employment, Employees are strictly prohibited from:

   1. Reporting to Campus or performing work for the University while impaired by, or under the influence of, Controlled Substances;

   2. Reporting to Campus or performing work for the University while impaired by, or under the influence of, alcohol; and

   3. 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.

2. This policy does not prohibit a moderate consumption of cereal malt beverages or alcohol by an employee at an event on Campus that is approved pursuant to WSU Policy 11.07 (Cereal Malt Beverages and Alcoholic Liquor) as long as such consumption is approved by the Employee’s supervisor.

3. In addition to these prohibitions, Employees must adhere to all reporting requirements set forth in this policy.

4. Violations of this policy may result in coaching and corrective action up to and including separation of employment. 

Definitions

For the purpose of this policy only, the following definitions shall apply:

1. Campus

   Buildings, facilities, grounds, or property controlled by the University.

2. Controlled Substance

   Those substances included in Schedule I through V of Section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 812). The term does not include the use of a controlled substance pursuant to a valid prescription or other uses authorized by law. 

3. Conviction

   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.

4. Employee

   An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes temporary and part-time Employees.

5. Leadership

   Includes individuals at the University who have Employees reporting to them, or are Department Chairs/Directors.

6. Stand-By-Duty

   A defined period of time in whichstrongan Employee is required to be available  to return to work outside of the Employee’s regularly scheduled work hours as a requirement of the Employee’s position.

Administrative Procedure

1. Employees must notify Leadership of a Conviction for unlawful manufacture, distribution, dispensing, possession or use of Controlled Substance occurring on Campus no later than five (5) working days after such Conviction.

   1. Leadership must notify the respective Vice President, who shall assure compliance with further notification requirements, including notifying the Office of Research and Technology Transfer (ORTT).

   2. ORTT shall notify the appropriate granting/contracting agency within ten (10) working days of receiving notification.

2. Leaders and Employees should be knowledgeable of University resources, including, but are not limited to, Employee Assistance Program, University leave policies, University Couseling and Prevention Services, and Drug-Free Awareness Program.

3. Additional information, including detailed procedures related to this policy, are found on the Human Resources website .

Applicable Laws And Additional Resources

• Drug Free Schools and Communities Act Amendments of 1989

• Drug Free Workplace Act, 41 U.S. Code § 8101, et seq.

• KS Executive Order 89-114

• State of Kansas Substance Abuse Policy Alcohol and Drug-Free Workplace Affirmation Form

• Schedules of Controlled Substances, 21 U.S.C. § 812

• 11.07 / Cereal Malt Beverages and Alcoholic Liquor

• 4.32 / Substance Abuse

• Employee Assistance Program