Drug Abuse
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| 13.1 |
Policy The University of Kentucky is committed to providing a healthy and safe workplace for its employees. Conduct that is a violation of this policy poses unacceptable risk and disregard for the health, safety, and welfare of co-workers, students, and the total University community. |
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| 13.1.1 | The unlawful possession, use, dispensation, distribution or manufacture of controlled substances by employees, while on University of Kentucky property or on University of Kentucky business, is prohibited. | ||
| 13.1.2 | Any employee who engages in the unlawful possession, use, dispensation, distribution, or manufacture of controlled substances, while on University of Kentucky property or on University of Kentucky business or who is convicted of a criminal drug statute violation which occurred in the workplace or while on University business is subject to corrective action, up to and including suspension or discharge. | ||
| 13.1.3 | The legal use of prescribed medicines under the direction of a licensed physician is permitted. Employees in selected positions, designated by the University of Kentucky, are required to make such use known to an appropriate University of Kentucky representative (see departmental operating procedures). Employees using prescribed medicines should consult with a physician concerning the safe use of the drug during working hours. | ||
| 13.2 |
Delegation Authority for enforcement of this policy is vested with the Provost or the appropriate vice president in coordination with the Director of Human Resource Services, or designee. |
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| 13.3 | Procedure | ||
| 13.3.1 | The University of Kentucky provides educational programs for its employees as well as general information on the following:
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| 13.3.2 | In the University System, whenever a supervisor witnesses the unlawful possession, use, dispensation, distribution or manufacture of controlled substances by an employee, that supervisor shall (1) immediately notify the appropriate police authority, (2) suspend the employee pending further investigation, and (3) inform the Director of Human Resource Services, or designee. In the Community College System, the supervisor shall notify the community college president who shall (1) immediately notify the appropriate police authority, (2) suspend the employee pending further investigation and (3) inform the community college's chief human resources official. | ||
| 13.3.2.1 | An investigation shall be conducted to determine whether there has been a violation of this policy. For employees of the University System, the investigation may involve officials of Human Resource Services and the employee's supervisor. For employees of the Community College System, the investigation may involve the appropriate community college president, the employee's supervisor, and the community college's human resources official. In any case, the University Police may be involved, if appropriate. | ||
| NOTE: If the employee is engaged in the performance of a grant or contract, the Director of Human Resource Services, or designee, shall notify the Vice President for Research that an investigation has been instituted. NOTE: All discussions, investigations and basis for corrective or rehabilitative actions shall be strictly confidential. |
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| 13.3.2.2 | If the evidence confirms that the staff employee has violated this policy, the Director of Human Resource Services, or designee, or president of a community college, in conjunction with the community college's human resources official, in accordance with HRP&P 12.0 and HRP&P 62.0, shall determine the appropriate sanction to include the following:
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| 13.3.2.3 | For student employees, if evidence confirms that the student has violated this policy, the Director of Human Resource Services, or designee, or the president of a community college with the community college's human resources official, consistent with HRP&P 12.0 and HRP&P 62.0, shall determine the appropriate sanction in accordance with the student employee’s status as an at-will employee. NOTE: Nothing in this policy shall be construed to prohibit or interfere with whatever appropriate corrective action which may be taken in accordance with the student employee’s student status, as provided by the Code of Student Conduct. NOTE: For postdoctoral scholars, postdoctoral fellows, and visiting scholars, see AR II-4.0-1. For residents and clinical fellows, see AR II-7.0-7. For teaching and research assistants, see AR II-1.0-7. |
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| 13.3.3 | 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 supervisor shall refer employees to the Employee Assistance Program (REFER). Community College System employees shall be referred to an appropriate local rehabilitation health service by the community college president. | ||
| 13.3.3.1 | 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 corrective action, up to and including suspension or discharge. | ||
| 13.3.3.2 | The Employee Assistance Program (REFER) coordinator or where no employee assistance program exists, the respective community college president with the community college's human resources official, shall monitor the progress of the employee and inform the supervisor of the employee’s progress and anticipated safe return to the job. | ||
| 13.3.3.3 | If an employee with suspected substance abuse or poor work performance, thought secondary to that substance abuse, refuses employee assistance program referral or appropriate rehabilitation services, the Director of Human Resource Services, or designee, or the respective community college president, with the community college's human resources official, and the employee’s supervisor shall institute the appropriate work performance evaluation and action. | ||
| 13.3.4 | The Director of Human Resource Services, or designee, shall notify the University of Kentucky Police Department whenever unauthorized controlled substances are found on University of Kentucky property. | ||
| 13.3.5 | In compliance with the Federal Drug-Free Workplace Act of 1988 (Section 5151), an employee shall abide by this Drug Abuse Policy. The immediate supervisor shall be notified if the employee is convicted of a criminal drug offense occurring in the work place or while on University business within five (5) working days after the conviction. The immediate supervisor shall promptly notify the Director of Human Resource Services, or designee, or the president of the community college when a staff employee is involved. | ||
| 13.3.5.1 | If the employee is paid any amount through a federal contract or grant account, the immediate supervisor shall notify the Director of Human Resource Services, or designee, who shall notify the Vice President for Research. The Vice President for Research shall, in turn, notify the appropriate federal contract/granting agency within ten (10) working days of the notification by the supervisor of the conviction. | ||
| 13.3.5.2 | Within thirty (30) calendar days after an employee’s conviction for a drug offense on University of Kentucky property or on University of Kentucky business, the University of Kentucky shall take appropriate sanctions and remedies in accordance with HRP&P 12.0 and HRP&P 62.0, up to and including suspension or discharge, or satisfactory participation in an approved substance abuse assistance/rehabilitation program. | ||
| 13.4 | Form | ||
| 13.4.1 | Drug Free Workplace Notification Form | ||