Administrative Policies

KCTCS Substance Abuse Prevention Policy

Policy Number: 3.3.13

Current Effective Date: 02/09/2026

Original Effective Date: 04/30/1999

Revision Dates: 06/14/2005, 04/21/2009, 11/14/2023, 08/23/2024, 02/09/2026

Revision Number: 5

Revision Summary: revise to address medicinal cannabis standards

Responsible Official: Vice President Human Resources

References: Administrative Procedure 3.3.13-P, Drug Free Policy Statement

I. Purpose

II. Reason for Policy

This policy ensures compliance with the following federal laws:

• Drug-Free Workplace Act of 1988
• Department of Defense Drug-Free Workforce Rule of 1988
• Drug-Free Schools and Communities Act Amendments of 1989

III. Entities Affected

IV. Definitions
 

1. Illicit Substance – Drugs that are manufactured, obtained, or sold illegally. This includes prescription drugs obtained or sold without a prescription and non-prescription drugs.
2. Controlled Substance –  as defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 C.F.R. 1300.11 1300.15 and 21 C.F.R. 1308.11 through 1308.15, are any illegal substances. This includes marijuana, which remains a Schedule I controlled substance under federal law regardless of state law changes.
3. Prescription Medication – medication that can only be obtained through a prescription written by a licensed medical provider.
4. Alcoholic Beverage –  An "alcoholic beverage" is any liquid containing at least 0.5% alcohol by volume that is intended for human consumption, such as spirits, wine, and beer.

V. Policy Statement

1. KCTCS will ensure a workplace free from illegal drugs and alcohol, in line with state and federal laws. This statement sets the policy for all employees of the Kentucky Community and Technical College System. It covers the manufacture, sale, possession, distribution, and use of illegal drugs and alcohol.
   • during working hours;
   • in a manner while off duty that impairs on-duty work performance; or
   • in a manner while in attendance at an official KCTCS function or at an authorized KCTCS site that adversely affects the performance of the employee or may adversely affect the health or safety of any other person.
2. The unauthorized purchase, manufacture, distribution, possession, sale, storage, intoxication, or use of an illegal drug, alcoholic beverage, controlled substance, or paraphernalia while performing assigned job duties, while in or on premises or property owned or controlled by the Kentucky Community and Technical College System, while in vehicles used for KCTCS business, or while operating KCTCS equipment is prohibited.
3. The distribution to others of a controlled substance or medication obtained pursuant to a prescription, except by duly licensed and certified persons, while on duty or while in or on premises or property controlled by the KCTCS is prohibited.
4. KCTCS reserves the right to require a fit for duty assessment, including a drug and/or alcohol test, by a licensed medical provider if there is a reasonable suspicion of substance abuse by an employee. KCTCS will choose the medical provider and cover the cost of the assessment.
5. Consequences of a Violation of Policy
   1. If an employee, including a student employee, is found responsible for violating this policy, they are subject to disciplinary action up to and including termination of employment.
      • KCTCS may refer an employee in violation of this policy to an Employee Assistance Program (EAP) and/or rehabilitation program at the employees’ expense.
   2. If a student is found responsible for violating this policy, they are subject to discipline under the KCTCS Code of Conduct.
   3. A visitor who is found to be in violation of this policy may be asked to leave or may be removed from KCTCS property. Depending on the severity of the violation, visitors may be banned from KCTCS property.
      • Only the KCTCS President or designee or the specific College president may ban a visitor.
6. Notification of Conviction Requirements
   1. Employees convicted of a criminal drug offense occurring in the workplace or while on KCTCS business must inform the appropriate KCTCS administrator within five (5) business days of the conviction.
      • If the convicted employee is under a federal contract or grant, KCTCS will notify the appropriate federal contract/granting agency within ten (10) business days after receiving notice.
   2. Within thirty (30) business days after receiving notice of the conviction, KCTCS will take appropriate disciplinary action in accordance with this policy and any other applicable policies and procedures, up to and including termination of employment, and/or satisfactory participation in an approved substance abuse assistance/rehabilitation program.

VI. Roles and Responsibilities

1. Human Resources – the applicable Department of Human Resources at the respective KCTCS College or the Human Resources Department at the System Office or Fire Commission respectively, shall be responsible for the enforcement and management of this policy as it concerns KCTCS employees.
2. Student Affairs – the applicable Dean of Students or similar role at the respective KCTCS college or the Executive Director of the Fire Commission shall be responsible for the enforcement of this policy as it concerns students.
3. KCTCS President or designee and/or applicable College President – any visitor banned as a result of noncompliance with this policy shall be banned by either the KCTCS President or designee or applicable College President.

VII. Compliance and Training Requirements

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

VIII. Exceptions

• Reasonable accommodation as required by applicable federal and state laws and regulations.
• Legally prescribed medication for a documented medical condition provided such medication does not impact job performance or safety.
• As outlined in the Alcohol Policy.

IX. Approvals

X. Related Documents

XI. Review and Revision History