Washburn University Policies, Regulations and Procedures Manual

B. Recruitment and Employment

 
Table of Contents


1. Purpose

2. Vacant Positions

3. Recruitment Offices

4. Recruitment Process—Administrative and Classified Positions

5. Nepotism

6. Selection and Offer of Employment

7. Examinations and Tests

8. Appointment Recommendation

9. Rate of Pay Determination

10. General

11. Appointment Process

12. Employee Eligibility Verification

13. Probationary Periods

14. New Employee Orientations

15. Wage and Hour Regulations

16. Personnel Records

17. Official Clearance Separation

18. Criminal Background Checks

19. Drug and Alcohol Testing

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1. Purpose.
  To set forth regulations and procedures for filling vacant Positions and establishing new Employees in the Positions, and for the formal process for termination from University employment.

2. Vacant PositionsVacant University Positions shall be filled through a formal recruitment process.

3. Recruitment OfficesVacant Positions shall be filled through specific offices as follows:

  • Administrative and Classified Positions— the Human Resources Department;
  • Faculty Positions—the VPAA. See Faculty Handbook for recruitment process; and,
  • Student positions—the Financial Aid Office. (See Subject C. Student Employment)

4. Recruitment Process—Administrative and Classified Positions.

4.1 Department Initiates. The Department initiates the process of filling a Position by submitting a completed and signed “Termination/Request for Recruitment” form and updated "Position Description for Administrative and Classified Positions" form  to the Human Resources Department.

4.2 Vacancy Announcements. The Human Resources Department:

  • Works with the employing Department to identify recruiting venues; and,
  • Prepares and distributes vacancy announcements and advertisements.

4.2.1 Departments shall not recruit or advertise for applicants directly except when specifically authorized to do so by the Director of Human Resources. 

4.3 Internal or External Recruitment. Departments may choose to conduct either an internal or external recruitment. 

4.3.1 In an internal recruitment:

  • Only University Employees who have successfully completed their initial probationary period will be considered;
  • Temporary, incidental, seasonal or Student Employees are not eligible for consideration;
  • The search may not be restricted to a specific Department;
  • The Position Announcement will be distributed campus-wide;
  • Application screening shall begin approximately 5 days after distribution of the Position Announcement;
  • The regular process of screening, interviewing, documenting and selection shall be applicable; and,
  • The pay rate for the selected Employee shall be established in accordance with regulations for transfer, promotion and Demotion.

4.3.2 In an external recruitment:

  • All applicants 18 years of age and older will be considered;
  • The Position vacancy shall be announced by advertising in The Topeka Capital-Journal;
  • The Position Announcement shall be distributed to University Departments, community and state organizations;
  • The Position Announcement may also be distributed through other venues as identified by the recruiting department;
  • The Human Resources Department shall pay for the initial advertisement in The Topeka Capital-Journal;
  • The recruiting Department shall pay for all other advertising;
  • Application screening for Classified Positions shall begin approximately 8 days after the announcement of the vacancy in The Topeka Capital-Journal; and,
  • Application screening for Administrative Positions shall begin approximately 15 days after announcement of the vacancy in The Topeka Capital-Journal.

4.4 Screening and Interviewing.

4.4.1 The initial review of applicants shall be completed by the Human Resources Department. Applications of individuals meeting the required minimum qualifications for the Position shall be referred to the recruiting Department or screening committee chairperson.

4.4.2 For Administrative Positions, screening and interviewing shall be accomplished by a screening committee. The membership of the screening committee is determined by the recruiting Department.

4.4.3 For Classified Positions, screening and interviewing may be accomplished by the recruiting supervisor or a screening committee.

5. Nepotism.

5.1 Purpose. To set forth regulations intended to avoid the potential for:

  • Issues of favoritism;
  • Conflicts in loyalty;
  • Discrimination;
  • The appearance of impropriety or conflict of interest; and,
  • A hostile work environment.

5.2 Definitions. The following definitions apply to nepotism.

5.2.1 “Nepotism” means favoritism based on kinship, or based on an individual’s status as a ward or household member.

5.2.2 “Family Member” means:

  • A spouse, parent, child, or sibling;
  • A sibling, as denoted by the prefix “half”;
  • A parent, child, or sibling as denoted by the prefix “step”;
  • A foster child;
  • A nephew, niece, uncle, or aunt;
  • Any parent or child of a preceding or subsequent generation, as denoted by the prefix of “grand” or “great”; or,
  • Parent, child, or sibling related by marriage as denoted by the suffix “in-law.”

5.2.3 “Household Member” means a person having legal residence in or living in the officer’s or Employee’s place of residence.

5.2.4 “Ward”means a person who is under a guardian’s charge either permanently or temporarily.

5.3 Basic Restriction. As it relates to a family member (relative, household member, or ward) no University officer or Employee shall:

  • Participate in decisions directly involving the terms and conditions of employment; or,
  • Advocate, participate in, solicit or cause the appointment, promotion, transfer, or discipline of the individual. 

5.4 Exceptions.

5.4.1 Employment relationships existing prior to November 12, 1980 are not affected by this regulation.

5.4.2 A family member may be employed or continue employment if, in the opinion of the appropriate Area Head:

  • Such appointment does not significantly adversely affect the efficient, safe and orderly operation of the employing unit;
  • Appropriate accommodations may be made, without removing the essential functions of either Position; or,
  • The administrative relationship of the Positions does not significantly or adversely affect the efficient, safe and orderly operation of the unit. 

5.4.3 In evaluating each instance:

  • The best interests of the University shall be paramount;
  • Decisions shall be made on the basis of the essential functions of the Position, the unit in which the Position is located, and the qualifications of the individuals affected; and,
  • It shall not be presumed, in instances in which one’s employment will be altered or affected, that the younger person or, when both genders are represented, that the female will be the person so affected.

6. Selection and Offer of Employment.

6.1 Basis of Selection. All selections shall be based on reference checks, interviews, and qualifications to perform the duties of the Position. When a screening committee is appointed, its recommendation will also be considered.

6.2 Employment Offers. Offers of employment, including rates of pay and other commitments, shall only be made as follows:

  • By the VPAT through the Human Resources Department for Administrative and Classified Positions;
  • By the VPAA for faculty Positions; and,
  • By the Financial Aid Office for Student Positions.  (See Subject C. Student Employment)

7. Examinations and Tests

7.1 Police Officer Positions. Applicants for Positions as Police Officers are subject to special requirements of the Commission on Police Officers Standards and Training. Those requirements include, but are not limited to:

  • Medical examinations;
  • Various tests; and,
  • Complete background investigations.

7.2 Background Checks. Applicants may be required to submit to a formal nation-wide background check.  (See 18. Criminal Background Checks)

8. Appointment Recommendation.  

8.1 Appointment recommendations for Administrative and Classified Positions shall be made in coordination with the Human Resources Department.

8.2 The formal recommendation shall be submitted by the employing Department to the Human Resources Department using the “Appointment Recommendation for Administrative and Classified Positions" form.

9. Rate of Pay DeterminationThe employing Department shall consult with the Human Resources Department or the VPAA regarding beginning pay rates prior to offering a Position.

9.1 Funding Source. The source of funds shall have no bearing on the rates of pay established for Positions. 

9.2 Classified Positions. The beginning wage shall be based upon the established entry level pay rate for the Position classification.

9.3 Administrative Positions. The beginning wage shall be based upon the budgeted salary amount.

9.4 Faculty Positions. The beginning wage is determined by the Major Academic Unit Deanin consultation with the VPAA. The determination is based upon a number of considerations including, but not limited to:

  • Market factors;
  • Salaries of similarly placed faculty in the academic unit; and,
  • Amount budgeted for the Position.

10. General

10.1 Position Titles. No individual shall be appointed to or employed in a Classified Position under a title not included in the Classified Compensation Schedule. (See Subject D. Classification and Compensation)

10.2 Employment Contracts. 

10.2.1 Individuals hired by the University are issued an employment contract for the period of a Fiscal Year as specified in the contract. 

10.2.2 Individuals whose employment is to be continued shall be offered a new employment contract for the ensuing Fiscal Year. Employment contracts for these individuals shall be issued subsequent to Board approval of the Salary Supplement for the ensuing Fiscal Year.

10.2.3 The signed contract shall be returned to the appropriate employing office (see 6.2 above) by the date specified.

10.3 Begin Work Authorization. Under no condition shall an individual begin work until authorized to do so by the:

  • VPAT for Employees in Administrative and Classified Positions;
  • VPAA for Faculty; and,
  • The Director of Financial Aid or designee for Student Employees.

10.4 Student Priority. Student workers shall be utilized to the maximum extent reasonable in filling work assignments requiring little or no work experience. (See Subject C. Student Employment)

10.5 Minimum Age Requirement. Individuals who are under 18 years of age shall not be employed by the University except as a Student Employee. 

10.6 Former Employee Applicants. Former Employee applicants shall be treated in the same manner as other applicants.

11. Appointment Process

11.1 Board Approval Requirement. 

11.1.1 Board approval is required for the appointment of a new Employee when:

  • A new Administrative or Faculty Position is being created during the Fiscal Year;
  • The proposed annual basic salary exceeds the budgeted amount in the then Fiscal Year Salary Supplement by more than 10%; or,
  • The appointment is that of President or Vice President.

11.1.2 Recommendation for Board approval is by the applicable Vice President through the President.

11.2 Vice President Appointments.  The President makes recommendation for appointment to these Positions.

11.3 Faculty Appointments. Individuals are appointed to vacant Part-Time or Full-Time faculty Positions upon completion of the following approval process:

11.3.1 Recommendation is by the employing Department Head and search committee.

11.3.2 The first approval is by the appropriate dean, if applicable.

11.3.3 Final approval is by the VPAA except when the proposed salary exceeds the budgeted amount.

11.3.4 When the proposed salary exceeds the budgeted amount by not more than 10%, final approval is by the President.

11.4 Administrative Appointments. Individuals are appointed to vacant Part-Time or Full-Time Administrative Positions upon completion of the following approval process.

11.4.1 Recommendation is by the employing Department Head.

11.4.2 The first approval is by the appropriate Area Head, if applicable.

11.4.3 Final approval is by the VPAT except when the proposed salary exceeds the budgeted amount.

11.4.4 When the proposed salary exceeds the budgeted amount by not more than 10%, final approval is by the President.

11.5 Classified Appointments. Individuals are appointed to Classified Positions upon completion of the following approval process.

11.5.1 Recommendation is by the employing Department Head.

11.5.2 The first approval is by the appropriate Area Head, if applicable.

11.5.3 Final approval is by the VPAT.

11.6 Loyalty Oath. All individuals to be employed by the University shall sign the State of Kansas required loyalty oath. 

11.6.1 Employees authorized to notarize loyalty oaths are located in the following offices: 

  • Office of the VPAT;
  • Business Office; and,
  • Financial Aid Office.

11.6.2 The Business Office shall receive and hold all oaths.

12. Employee Eligibility Verification.

12.1 Purpose. The purpose is to set forth regulations and procedures developed to ensure compliance with the federal Immigration Reform and Control Act of 1986 and the regulations of the United States Citizenship and Immigration Services (USCIS). 

12.2  Notice to Applicants. Each applicant shall be advised: 

  • The University hires only citizens and nationals of the United States or aliens who are lawfully authorized to work in the United States; and,
  • All individuals employed from and after November 6, 1986 are required to verify eligibility. This is done by completing the applicable portion of the USCIS Form I-9 (I-9) and by providing the University with appropriate documentation.

12.3 Responsibility for Verification and Repository.

12.3.1 Concerning Employees in Classified and Administrative Positions, the Director of Human Resources shall be responsible for:

  • Verifying the employment eligibility of each Employee; and,
  • Maintaining a repository for all completed I-9s.

12.3.2 Concerning faculty Employees, the VPAA shall be responsible for:

  • Verifying the employment eligibility of each Full-Time, Part-Time, and Adjunct Faculty Employee; and,
  • Maintaining a repository for all completed I-9s.

12.3.3 Concerning Student and work-study Employees, the Director of Financial Aid shall be responsible for:

  • Verifying the employment eligibility of each Student and work-study Student Employee; and,
  • Maintaining a repository for all completed I-9s.

12.3.4 Concerning incidental Employees, the Department Head shall be responsible for:

  • Verifying the employment eligibility of each individual employed in the Department as an incidental Employee; and,
  • Submitting the I-9 and documentation to the Director of Human Resources upon verification of eligibility.

12.3.5 I-9s shall be retained the later of:

  • Three years after the date the individual’s employment commenced; or,
  • One year after the date the individual’s employment is terminated.

12.3.6 The time table for completion of the I-9 is: 

  • I-9 form and instructions to Employee—Not later than the date the Employee begins work;
  • Submission of completed I-9 and appropriate documentation to responsible individual—Within three business days of the date employment begins; and,
  • Submission of receipt for application for the appropriate document(s) if Employee unable to provide appropriate documentation within three business days of the date employment begins; provided however, actual documents must be submitted within 90 days of the date employment begins.

12.3.7 A review of the I-9 and documentation provided shall be conducted by the person responsible to determine eligibility for employment. Determination shall be based solely upon information and documentation provided by the Employee.

12.4 Re-employment. Eligibility for re-employment of former Employees shall be based upon new Employee information and appropriate documentation.

12.5 Cause to Refuse to Hire. Cause to refuse to hire, or to terminate the employment of an individual, shall exist when the person:

  • Fails to provide required information and documentation verifying employment eligibility; or,
  • Is determined ineligible for employment.

12.6 Limited Use of Information. The I-9 information may only be used:

  • To determine eligibility for employment; and,
  • For enforcement of the Immigration Reform and Control Act of 1986.

13. Probationary PeriodsProbationary periods are the initial time of an individual’s employment at the University or promotion to a different Position, during which the Employee is evaluated to determine fitness to continue in the Position.

13.1 The Probationary Period for an Administrative or Classified:

  • Employee’s initial University employment shall be 6 months;
  • Employee who has been promoted from one Position to a Position which is a higher classification or organizational level shall be 3 months; and,
  • Employee who has been transferred from one Position to a Position which is the same classification or organizational level shall be 3 months.

13.2 Probationary Period Extension. Except for transfers or promotions, a probationary period may be extended if an Employee’s performance does not meet expectations.

13.2.1 The maximum length of an extension shall be six months.

13.2.2 To effect an extension the supervisor shall: 

  • Conduct a review session with the Employee following the procedures set forth in Subject F. Employee and Labor Relations;
  • Complete and sign a probationary "Employee Performance Review" form; and,
  • Submit the completed and signed form to the Human Resources Department PRIOR to the end of the probationary period.

13.2.3 An Employee’s probationary status is considered completed when a completed and signed probationary "Employee Performance Review" form has been received in the Human Resources Department. 

13.3 Probationary Period Termination. An Employee may be released from employment at any time during the Employee’s probationary period. 

13.4 Post Probationary. Employees successfully completing the probationary period shall continue their employment on a Regular or Contingent basis.

13.4.1  Regular employment means the Employee is appointed to a Budgeted Position and has satisfactorily completed the probationary period, if applicable.

13.4.2  Contingent employment means continuation of employment is subject to availability of funding and/or completion of required certification(s).

13.4.3 The term of employment will depend upon:

  • Availability of funds to support the Position;
  • Sustained need for the work to be performed; and,
  • The Employee’s satisfactory performance of the work.

14. New Employee OrientationsThe newly hired Employee shall be given a formal orientation briefing by the appropriate Department Head and supervisor. This orientation will take place and be completed as soon as possible upon the Employee initially reporting to work. The Department of Human Resources will provide all forms and information necessary regarding:

  • Participation in benefits and payroll withholding; and,
  • Mandatory training programs.

15. Wage and Hour Regulations.

15.1. Hours of Work. The established regular hours of work comprising 1.0 FTE employment shall be forty per week. Supervisors shall organize and schedule University operations in a manner resulting in the most efficient and economical use of Employee services.

15.2 Work Schedules. 

15.2.1 Department Heads may adjust the work schedule of any Employee or group of Employees under the Department Head’s supervision. The adjustments shall be to meet operation demands. 

15.2.2 Adjustments to schedules of Full-Time Employees shall not result in a normal work week of other than forty hours. 

15.2.3 A brief period of relief from duty of approximately fifteen minutes at or near the middle of each four hour work period may be authorized by the supervisor. 

15.3 OvertimeSupervisors shall organize and schedule work to minimize the need for Employees to work in excess of established work schedules. Employees may be required to work additional hours to meet operational demands.

16. Personnel RecordsOfficial personnel records of Employees shall be maintained for:

  • Faculty Employees by the VPAA;
  • Administrative and Classified Employees by the Human Resources Department; and,
  • Student Employees by the Financial Aid Office. 

16.1 Payroll records shall be maintained by the Business Office.

16.2 Changes in address or legal status must be reported to the appropriate official personnel records office. Such changes frequently affect taxes and/or insurance and other benefits. 

16.3 Information concerning an Employee’s Position and/or compensation is subject to disclosure under the Kansas Open Records Act. 

17. Official Clearance SeparationAll non-Student Employees terminating University employment or departing on an extended leave of absence shall complete the actions discussed below. These actions shall be completed prior to the Employee’s departure.

17.1 Each Employee who is to be separated from the University shall be reported on the applicable termination form. These forms are available in the Human Resources Department, or the office of the Vice President for Academic Affairs. 

17.2 Employees should give the appropriate Department Head a written notice of resignation well in advance of the date of separation. A minimum of 2 weeks is recommended. 

17.3 All University owned property assigned to or in the possession of the terminating Employee shall be turned in to the appropriate Department. Such property includes, but is not limited to:

  • Keys and parking gate cards;
  • Computer equipment and cell phones; and,
  • Uniforms.

17.4 Matters related to University property which need a resolution will be pursued by the Human Resources Department or the VPAA office.

18. Criminal Background Checks.

18.1 Purpose. To set forth the regulations and procedures governing the obtaining of criminal background checks and the use of the resulting reports.

18.2 Definitions. For the purpose of these regulations and procedures the following definitions apply:

18.2.1 “Conviction” means a court judgment an individual is guilty of a criminal offense. 

18.2.2 “Criminal Background Check” (CBC) means an inquiry of criminal record databases and/or law enforcement agencies to determine whether an individual has been convicted of a criminal offense.

18.2.3 “Criminal History” means an individual’s record, if any, of convictions of a criminal offense.

18.2.4 “Criminal Offense” means a violation of a penal statute, the conviction of which results in the imposition of a fine, imprisonment or both. Criminal offense shall not include minor traffic violations.

18.2.5 “Hiring Authority” means: (a) the Vice President for Academic Affairs for faculty Employees; and (b) the Vice President for Administration for all administrative and classified Employees other than those reporting to the President. The hiring authority for the President and Vice Presidents is the Board of Regents. The hiring authority for the vice presidents and other direct reports to the President is the President.

18.2.6 “Sensitive Position” means a category of duties and/or responsibilities which includes, but is not limited to, one or more of the following:

  • Law enforcement or University security or safety responsibilities;
  • Access to, possession or distribution of controlled substances;
  • Responsibility for Students and/or minors which positions include, but are not limited to: faculty; coaches, assistant coaches, and coaches’ assistants; athletic trainers; residence hall directors, assistant directors and assistants; admissions’ counselors; physicians, physician’s assistants and nurses; ArtLab staff; and University counseling personnel;
  • Access to, control over, or responsibility for cash, checks, credit cards, cash card or other negotiable instruments;
  • Authority to commit the University for financial obligations;
  • Control over the University’s business processes; or,
  • Access to building master or submaster keys for building access.

18.3 Applicants. CBCs shall be conducted on all individuals to whom a conditional offer of temporary or regular employment in a sensitive position has been made.  (See Subject C. Student Employment, for regulations regarding Student Employment background checks.)

18.4 Employees.

18.4.1 A CBC shall be conducted on an Employee in a sensitive position when a credible source reports the Employee has been convicted of a crime, or the Employee discloses having been convicted of a crime.

18.4.2 A CBC shall be conducted on an Employee when the Employee is being considered for Transfer, Promotion, or Demotion into a sensitive position and on whom a CBC has not previously been conducted.

18.4.3 The Employee shall complete a Pre-employment Disclosure and Release form for conducting a CBC. 

18.4.4 An Employee’s failure to consent to a background check shall subject the Employee to disciplinary action.

18.5  Former Employees.  A CBC shall be conducted on former Employees to whom a conditional offer of employment in a sensitive position is made when:

  • The individual's  last University employment terminated more than 1 year prior to the date the new employment would begin.

18.6 Arrest Information. Arrest information shall not be considered in the selection process. 

18.7 Notice to Applicants. Notice the University conducts CBCs shall be provided to all individuals seeking employment at the University, and for those applying for a change to a sensitive position within the University. Such notice may be provided in Position announcements, in the application for employment, and/or in direct communications in writing to applicants and nominees for employment. The notice shall include the statement “arrest information is not considered in the selection process.”

18.8  Applicant or Employee Authorization. 

18.8.1 A Pre-employment Disclosure and Release form authorizing a CBC shall be completed by individuals to whom a conditional offer of employment Transfer, Promotion, or Demotion has been made. 

18.8.2 An applicant’s failure to authorize a background check shall render the conditional offer of employment null and void.

18.8.3 An Employee’s failure to consent to a background check shall subject the Employee to disciplinary action and/or render the conditional offer of employment null and void.

18.9 Conducting the Criminal Background Check.

18.9.1 The President shall designate one Employee to receive CBC reports who shall be referred to as the background check coordinator (coordinator).  This includes reports on Students who have placed CBC orders as required for participation in an academic program.

18.9.2  An order for a CBC shall be placed according to instructions provided by the coordinator.

18.9.3 The coordinator shall receive all CBC reports electronically and shall not forward reports to anyone else on campus nor print out reports.

18.10 Reviewing Potentially Adverse Information. 

18.10.1 The coordinator shall notify the hiring authority when a CBC report discloses potential adverse information.

18.10.2  The hiring authority or designee shall have the responsibility for reviewing any criminal history to determine whether the report discloses a conviction which is job related. Only convictions of criminal offenses related to the position shall be considered in the determination of employment, or continued employment of an individual.  Factors which may be used for determining a conviction is job related include, but are not limited to:

  • Date of the conviction;
  • Nature of the criminal offense;
  • Age of the person when convicted;
  • Work history since conviction;
  • Severity of the criminal offense; 
  • Position duties and responsibilities; and,
  • Conduct and/or rehabilitation efforts since.

18.10.3 Other offenses may be determined to be disqualifying on a position-by-position basis. These disqualifying offenses shall be determined by the hiring authority prior to release of the position announcement. Guidelines for determining the additional offenses are in Section 18.10.2 above. 

18.11 Conditional Offer of Employment. An offer of employment shall be conditioned on the absence of a criminal history disclosing any conviction of a job related criminal offense.

18.12 Confidentiality. CBCs shall be conducted confidentially so as to respect the privacy of the individual. Disclosure of CBC results and information shall be made only to those individuals who have a need to know. 

18.13  Pre-adverse Notice. When it is determined, based in whole or in part on the information in a background check report provided by a Consumer Reporting Agency (CRA), an individual may not be hired for the Position, the following steps must be taken.

18.13.1 The hiring authority shall notify the coordinator of the determination.

18.13.2 The coordinator shall cause the CRA to issue a pre-adverse action notice upon receiving notice of the determination. For purposes of this section, adverse action means a determination:

  • Denying employment;
  • Denying promotion;
  • To demote; or,
  • To terminate.

18.13.3 An applicant or Employee shall have the right to challenge the CRA's report within 5 days from the date of the pre-adverse action notice following the guidelines set forth in such notice. 

18.13.4 The hiring authority shall make no decision until resolution of a challenge, if any. The hiring authority shall notify the coordinator of the decision.

18.14 Other Resources for Background Information. The criminal background regulations shall not operate to prohibit other inquiries concerning an applicant for employment or of an Employee. Other resources for inquiries include, but are not limited to, references, transcripts, credit reports, and motor vehicle reports.

18.15 Files. No CBC reports shall be maintained by the University.

19. Drug and Alcohol Testing.

19.1 Purpose. To set forth regulations and procedures for the administration of drug and alcohol testing of Employees or prospective Employees.

19.2. Definitions. The following definitions apply to the Drug and Alcohol Testing regulations and procedures:

19.2.1 “Alcoholic Liquor” means alcohol, spirits, wine, beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable or being consumed as a beverage by a human being, but shall not include, any cereal malt beverage.

19.2.2 “Cereal Malt Beverage” means any fermented, but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2% alcohol by weight.

19.2.3 “Designated Safety Sensitive Position” means any Position in which the incumbent’s failure to perform could result in a catastrophic occurrence to the University or individuals with whom the University and its Employees interact. These Positions include, but are not limited to, the following:

  • Automotive Driver;
  • Law enforcement officer;
  • Police Dispatcher (Communications Specialist);
  • Boiler operator (Plant Operator Mechanic);
  • Mechanic (HVAC Control Tech);
  • Any position including duties and responsibilities relative to operating the University’s boiler system on a temporary or incidental basis;
  • University physician;
  • Science Laboratory Supervisor;
  • Nursing professional in Student Health Center;
  • Nursing and Allied Health faculty providing direct health care to individuals or providing supervision of others rendering direct health care to individuals;
  • Positions requiring a Commercial Drivers License (CDL); and,
  • Individuals regularly transporting Students for University functions, extra-curricular activities or classes.

19.2.4 “Controlled Substance” means any drug, substance or immediate precursor included on the schedules designated in the state of Kansas Uniform Controlled Substances Act, K.S.A. 65-4101 (et seq.)

19.2.5  “Drug Paraphernalia” means all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting or inhaling or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act. K.S.A. 65-4150(c), (et seq.).

19.2.6 “Illegal Drugs” means any controlled substance as defined above, including but not limited to, marijuana, cocaine, crack, methamphetamine, heroin or other street drugs.

19.2.7 “Reasonable Suspicion” means reasonable belief an Employee, in performance of the Employee’s duties, may be or is impaired by or under the influence of alcohol, cereal malt beverage, or drugs based on specific facts and inferences taken from those facts. Facts and circumstances which may create reasonable suspicion include, but are not limited to:

  • Unusual or erratic personal behavior;
  • Reports of abuse of alcohol from credible sources;
  • Reports of possession or use of illegal drugs or unauthorized use of controlled substances from credible sources;
  • Smell of alcohol;
  • Slurred speech;
  • Appearance;
  • Involvement in an accident:

◊ Involving the operation of a motor vehicle or self-propelled mechanical equipment, which may include but is not limited to a riding mower or tractor;

◊ Causing bodily injury to any Individual requiring medical treatment beyond first aid; or,

◊ Causing significant damage to property;

  • Deteriorating performance over an extended period of time.* Trends of deteriorating performance include, but are not limited to:

◊ Excessive absenteeism;

◊ Peculiar excuses for absences;

◊ Excessive tardiness;

◊ Decreasing reliability;

◊ Excessive use of sick leave;

◊ Missing deadlines; or,

◊ Making bad decisions frequently.

*CAVEAT: Prior to seeking drug or alcohol screening on the basis of deteriorating performance, the supervisor should first have counseled the Employee on performance issues. Drug screening of an Employee under this category cannot be based on a single event or incident. 

19.2.8 “Simulated Controlled Substance” means any product which identifies itself by a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material simulates the effects of a controlled substance. K.S.A. 65-4150(e), (et seq.).

19.2.9 “Unauthorized Controlled Substance” means the possession and/or use of any controlled substance by any individual:

  • To whom it was not lawfully dispensed; or,
  • In a manner inconsistent or contrary to the use and manner for which it was dispensed to such individual.

19.3 Prohibitions.

19.3.1 Manufacturing, distributing, dispensing, using, or possessing illegal drugs, simulated controlled substances and/or unauthorized controlled substances by a University representative, agent or Employee on or in University property or in the conduct of University business shall be prohibited.  Exceptions: This prohibition shall not apply to:

  • Individuals licensed by the state of Kansas to dispense or distribute a controlled substance and acting within the scope of such license;
  • Possession of such substances for educational purposes in academic coursework and/or training in courses offered by the University; 
  • Possession for training law enforcement officers or Employees; or,
  • Possession as evidence for prosecution in a legal or disciplinary proceeding.

19.3.2 The possession and use of drug paraphernalia by a University representative, agent, or Employee on or in University property or in the conduct of University business shall be prohibited. Exceptions: This prohibition shall not apply to possession of such paraphernalia:

  • For bona fide educational purposes in academic coursework and/or training in courses offered by the University; training law enforcement officers or Employees; or,
  • As evidence for prosecution in a legal or disciplinary proceeding.

19.3.3 The unauthorized possession or use of alcoholic liquor or cereal malt beverages by a University representative, agent, or Employee on or in University property or in the conduct of University business shall be prohibited. Exceptions: This prohibition shall not apply to the:

  • Responsible consumption of alcoholic liquor or cereal malt beverages at functions attended as a University representative and at University sponsored or co-sponsored events;
  • Possession or consumption for bona fide educational purposes in academic coursework and/or training in courses offered by the University; training law enforcement officers or Employees; or, 
  • Consumption of alcoholic beverages expressly authorized by permit issued under the University’s Alcoholic Liquor/Cereal Malt Beverages Policy.

19.4 Pre-employment Testing. A required drug screening test of applicants for designated safety sensitive Positions will be administered following the acceptance of a conditional offer of employment.

19.4.1 The testing protocol may be either by hair analysis, urinalysis, or blood analysis. 

19.4.2 The time and place for submitting to a drug screening test shall be provided to the applicants.

19.4.3 Failure to submit to required drug screening tests or a return of positive test results shall render the conditional offer of employment null and void.

19.5. Reasonable Suspicion Reporting and Testing. The required drug and/or alcohol screening test of Employees shall be administered upon reasonable suspicion of prohibited use or consumption of alcoholic liquor, cereal malt beverage, illegal drugs, or unauthorized use of controlled substances.

19.5.1 Supervisors have a duty to note and report to their supervisor(s) any behavior of Employees for whom they have responsibility indicating the Employee(s) may be impaired by or under the influence of drugs,  alcohol, and/or cereal malt beverage.

19.5.2 The determination to subject an Employee to drug or alcohol screening on the basis of reasonable suspicion shall be made:

  • By two supervisory Employees having responsibility for the Employee one of whom shall normally be the Employee’s direct supervisor; and,
  • Upon facts and circumstances, such as those identified in Section 19.2.7 above, reported and/or observed about the Employee when there exists sufficient facts and circumstances to conclude there is reasonable suspicion the Employee may be impaired by or under the influence of drugs, alcohol, and/or cereal malt beverage.

19.5.3 The supervisor shall cause the Employee to be escorted to a screening facility. The escort shall remain at the screening facility until the screening is concluded.

19.5.4 The testing shall be conducted in the manner deemed appropriate by the Administration in its sole discretion including, but not limited to:

  • Urinalysis;
  • Analysis of saliva;
  • Sweat and breath samples; and,
  • Blood sample analysis.

19.5.5 An Employee’s use of prescribed medications or over the counter medications should be disclosed prior to the administration of a drug screening test.

19.5.6 Alcohol testing normally shall be performed through administration of an evidential breath analysis.

19.5.7 Testing for illegal drugs or unauthorized controlled substances normally shall be performed as a urine test. All such samples shall be split and tested for the presence of the substances and at the test cutoff concentrations indicated in Section 19.8 below. The sample shall undergo preliminary screening for such substances with a confirmatory test of positive results at the request of the individual from preliminary screens performed using current generally accepted practices for such confirmatory screens which may include, but are not limited to, gas chromatography/mass spectrometry technology.

19.5.8 Following administration of a drug or alcohol screening test, the Employee will be transported to the Employee’s residence and remain off work until test results are obtained. If the test results are: 

  • Negative, the Employee shall be returned to work and receive pay for lost salary or wages; or,
  • Positive, the Employee shall be subject to disciplinary action.

19.5.9 Confirmed positive results from prescribed substances or over the counter medications may occur. When a confirmed positive result may have been caused by a prescribed medication or over the counter medication, the Employee may consult with a University provided physician for determination on substance abuse or use.

19.5.10 Refusal or failure to participate in a drug or alcohol screening test shall be deemed a positive test result.

19.5.11 Results of drug and/or alcohol screening tests shall be kept confidential. Only individuals with a need to know the information or who are involved in the matter or resolution of the Employee’s or applicant’s status shall have access to the information.  

19.6 Disciplinary Action.  Any violation of the Drug and Alcohol Testing Policy or these regulations will subject an Employee to disciplinary action, up to and including termination.

19.6.1 The disciplinary sanction recommended to the Employee’s hiring authority shall be based upon:

  • The nature of the Employee’s job duties and/or responsibilities;
  • The degree of risk to the University for continued employment; and,
  • In the case of post-accident testing, the degree of damage or injury caused by the Employee.

19.6. 2  Termination of the Employee shall be imposed for violation of a drug and alcohol testing policy or regulation when the Employee:

  • Is in a probationary status ;
  • Is a temporary or incidental Employee;
  • Has two confirmed positive test results within a five (5) year period of any first such result for illegal drugs and/or unauthorized controlled substances or for abuse of or being under the influence of alcohol in violation of University policy and these regulations and procedure; or,
  • Intentionally tampers with a sample provided for a drug screen, violates chain of custody of the sample, or falsifies a test result.

19.7 Random Drug Screening. Random testing may be conducted of Employees in safety sensitive positions, or, for a 24 month period, Employees on a performance improvement plan for violation of a drug and alcohol policy or regulation.

19.8 Test Cutoff Concentrations.

Drug Class

Cutoff Concentrations (ng/ml)

 

Initial

Confirmatory

Amphetamines

1000

500

Barbiturates

300

300

Benzodiazepines

300

300

     t a-hydroxyalprazpolam

 

100

 

Cannabinoids

50

15

Cocaine metabolite

300

150

Opiates

300

150

Phencyclidine (PCP)

25

25

Propoxyphene

300

300

Alcohol via breath or blood analysis

.06

.06