Substance Abuse Policy Affirmation Form (pdf) - Agency No./Name: 683 KUMC
The University of Kansas prohibits the unlawful possession, use, manufacture, or distribution of alcohol or drugs by students and employees on its property or as part of any of its activities. Consumption of alcoholic liquor or cereal malt beverage on the premises of the University of Kansas Medical Center is prohibited except in certain special circumstances authorized by state law and Board of Regents policy. The University is committed to a program to prevent the illegal use of drug and alcohol by students and employees. Any student or employee of the University found to be abusing alcohol or using, possessing, manufacturing, or distributing controlled substances or alcohol in violation of the law on University property or at University events shall be subject to disciplinary action in accordance with applicable policies of the University of Kansas. For employees, the University will take appropriate personnel action for such infraction, up to and including termination. Students who violate this policy will be subject to sanctions which include suspension and expulsion from the University.
As a condition of employment, all employees of the University of Kansas shall abide by the terms of this policy statement and will notify the University of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. The University will, in turn, notify as appropriate, the applicable federal agency of the conviction within ten days of its receipt of notification of the conviction. The University will initiate personnel action, up to and including termination, within thirty days of receiving notice of such conviction. Employees may also be required to satisfactorily participate, at their expense, in a drug abuse assistance or rehabilitation program if allowed to return to work. For purposes of this policy, "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violations of the federal or state criminal drug statutes.
Students and employees are reminded that illegal possession or use of drugs or alcohol may also subject individuals to criminal prosecution. The University will refer violators of proscribed conduct to appropriate authorities for prosecution. Kansas law provides that any person who violates the criminal statutes on controlled substances by possessing, offering for sale, distributing, or manufacturing opiates and narcotics, such as cocaine and heroin, shall be guilty of a drug severity level 3 felony. For a conviction of such a felony, the court may sentence a person to a term of imprisonment in accordance with the Kansas Sentencing Guidelines Act and a fine of up to $300,000. Unlawful possession of a depressant, stimulant or hallucinogenic drug is punishable as a Class A non-person misdemeanor, with a penalty of imprisonment and a fine of $2,500. Depressants include barbiturates, Valium, and barbital. Hallucinogens include LSD, marijuana, and psilocybin. State law classifies amphetamines and methamphetamine as stimulants. Kansas statutes also provide for criminal penalties for conviction of certain alcohol-related offenses. These penalties include imprisonment of up to six months and fines of up to $1000.
The Federal Controlled Substances Act provides penalties of up to 15 years imprisonment and fines of up to $25,000 for unlawful distribution or possession with intent to distribute narcotics. For unlawful possession of a controlled substance, a person is subject to up to one year of imprisonment and fine otherwise authorized by law. Any person who unlawfully distributes a controlled substance to a person under twenty-one years of age may be punished by up to twice the term of imprisonment and fine otherwise set by law.
Accidents and injuries are more likely to occur if alcohol and drugs are used on University property or as part of University activities. Every year in the United States, over 200,000 people are treated in hospitals for drug-related accidents and mental physical illness; another 25,000 die every year from drug-related accidents or health problems. Drug tolerance and psychological dependence can develop after sustained use of drugs. More specifically, physical dependency, heart problems, infections, malnutrition, and death may result from continued high doses of amphetamines. Chronic use of narcotics can cause lung damage, convulsions, respiratory paralysis and death. Depressants, such as tranquilizers and alcohol, can produce slowed reactions, slowed heart rate, damage to liver and heart, respiratory arrest, convulsions, and accidental overdoses, because the abuser is unaware of how much of the drug or alcohol has been taken. Use of hallucinogens may cause psychosis, convulsions, coma and psychological dependency.
Alcoholism is the number one drug problem in the United States. Alcoholism takes a toll on personal lives by affecting finances, health, social relationships, and families. It can have significant legal consequences. Abuse of alcohol or use of drugs may cause an individual driving a motor vehicle to injure others and may subject the abuser to criminal prosecution. Drunk drivers are responsible for more than half of all traffic fatalities.
The University of Kansas Medical Center recognizes that student or employee members of its community can face personal problems related to alcohol abuse or drug use. The KUMC is committed to ensuring the wellness and effective performance of its community members. Therefore as a matter of policy, KUMC will provide information for employees and students on both on-campus and off-campus professional assistance programs related to the control of alcohol abuse and drug use. Such information is provided in the KUMC policy on Employee and Student Drug Use and Alcohol Abuse Assistance Program.
The term "controlled substance" as used in this policy means those substances included in Schedules I through V as defined by Section 812 of Title 21 of the United States Code and as further defined by the Code of Federal Regulations, 21 C.F.R. 1300.11 through 1300.15. The term does not include the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.
The term "alcohol" as used in this policy means any product of distillation of a fermented liquid which is intended for human consumption and which is more than 3.2% alcohol by weight as defined in Chapter 41 of the Kansas statutes.