Administrative Procedures

Substance Abuse Prevention Procedure

1. Purpose

This procedure describes the processes for application and enforcement of the Substance Abuse Prevention Policy.

2. Scope

This procedure applies to all individuals while they are in facilities or on properties owned, controlled, leased, or operated by KCTCS or are conducting KCTCS business.  

3. Distribution of Policy

KCTCS shall annually inform employees and students of the dangers associated with substance abuse, the existence of the policy and drug free policy statement, and potential disciplinary actions for violation of the policy, and available substance abuse counseling, rehabilitation, and assistance programs by:

1. Distributing the policy and requiring acknowledgment of receipt by all employees on an annual basis;
   
   
2. Communicating the policy to and receiving acknowledgment from new employees during new hire orientation;
   
   
3. Promoting the Employee Assistance Program (EAP) available to all employees; and,
   
   
4. Maintaining referral information listing local resources available to students.

4. Addressing Employee Behavior

4.1 Overt Signs of Being Impaired on the Job  

1. When there is reasonable belief that an employee is exhibiting overt signs of mental or physical impairment due to use of controlled substances (lawful and unlawful) or alcohol on the job, the following steps shall be taken:
   1. The Human Resources department (“HR”) should be notified immediately. If the employee’s supervisor was not the observer, an administrative member shall observe the employee in question and the supervisor will be contacted by HR as soon as possible. If the employee is performing any duties that create a safety concern, the employee should be immediately removed from those duties.
      
      
   2. Following this consultation, the employee may be dismissed from the worksite until the employee is no longer impaired or under the influence. HR and/or the employee’s supervisor shall ensure safe removal and/or transportation.
      
      
   3. HR will conduct and document any necessary investigation and may consult with OGC.
      
      
   4. Any employee found to be under the influence or exhibiting behavior that gives the appearance of being under the influence of controlled substances or alcohol may be subject to disciplinary action, up to and including termination.  In cases where the facts warrant discipline short of termination, the employee shall also receive a mandatory referral to the EAP and/or rehabilitation program.  If the employee is already being treated for substance issues, the employee may provide documentation and continue with their current treatment plan.
      
      
2. For purposes of this policy and procedure, an employee traveling on KCTCS business for which the employee is being reimbursed for food and lodging is considered to be on the job for the duration of the travel.  Any employee who uses alcohol or substances during the travel that results in impairment, excessive absenteeism, tardiness, accidents on the job, poor performance, or failure to behave in a professional and responsible manner in compliance with all KCTCS policies and procedures shall be subject to disciplinary action, up to and including termination.

4.2 Off-Hours Use of Controlled Substances

If, based on available information and after consultation among the supervisor, HR and the OGC, an employee’s off-hours use of controlled substances and/or alcohol can be reasonably established as the cause of excessive absenteeism, tardiness, accidents on the job, or poor performance, the employee may receive a mandatory referral to the EAP and/or rehabilitation program. Any cost associated with services provided by the EAP or rehabilitation program are the responsibility of the employee. Any such referral does not preclude KCTCS from addressing job performance issues including any corrective action and/or discipline in accordance with the KCTCS Employee Responsibilities and Corrective Action policy and procedure.

4.3 Illegal Activity

If someone has reason to believe that an employee is engaging in the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance on the job, HR and the OGC should be notified immediately.  Credible reports shall be treated as follows:

1. HR or other appropriate college officials, in consultation with the OGC shall immediately notify the appropriate law enforcement agency.
   
   
2. The employee shall be placed on administrative leave pending further investigation.
   
   
3. HR and OGC representatives, or their designees, will commence an investigation within two (2) business days to determine if KCTCS policy violations have occurred. KCTCS will seek to complete the investigation within ten (10) business days. KCTCS reserves the right to extend this timeframe based upon the circumstances.
   
   
4. The Office of General Counsel and System Office Human Resources staff will assess the results of the investigation.
   
   
5. If the evidence confirms that the employee violated KCTCS policy, HR staff and the employee’s highest-ranking administrator shall determine the appropriate disciplinary action, up to and including termination.  In cases where the facts warrant discipline short of termination, the employee shall also receive a mandatory referral to the EAP and/or rehabilitation program.

4.4 Criminal Charges

Employees who are arrested for the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances may be subject to disciplinary action up to and including termination.

4.5 Mandatory Referral

Failure to comply with mandatory referrals to the EAP or rehabilitation, shall result in disciplinary action, up to and including termination.

5. Required Notice of Employee Criminal Drug Offense Conviction

1. In compliance with the Federal Drug-Free Workplace Act of 1988, an employee shall notify the appropriate KCTCS administrator if an employee is convicted of a criminal drug offense occurring in the workplace or while on KCTCS business within five (5) days after the conviction.
   
   
2. If the convicted employee is under federal contract or grant, KCTCS shall notify the appropriate federal contract/granting agency within ten (10) days after notification by the supervisor of the conviction.
   
   
3. 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 disciplinary action in accordance with this procedure, and any other applicable policies and procedures, up to and including termination, and/or satisfactory participation in an approved substance abuse assistance/rehabilitation program.

6. Addressing Student Behavior

1. KCTCS and its colleges will make substance abuse prevention information available to enrolled students through its online training platform.
   
   
2. Students enrolled in programs that require drug testing should refer to Administrative Procedure 6.9-P Student Criminal Background Check and Drug Screening Procedure.
   
   
3. Student behavior violations shall be addressed through the KCTCS Code of Student Conduct.