PERSONNEL CERTIFIED/NON CERTIFIED 4118

DRUG AND ALCOHOL FREE WORKPLACE

No employee engaged in work in connection with a federal grant shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, any other controlled substance, or alcohol as defined in schedules I through V of section 202 of the controlled substances Act (21 U.S.C. 812) and as further defined by regulation at 21 CFR 1300.11 through 1300.15.

The "workplace" is defined to mean the site for the performance of work done in connection with a federal grant. That includes any school building or any school premises; any school owned vehicle or any other school approved vehicle used to transport students to and from school or school activities; off school property during any school sponsored or school approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district where work on a federal grant is performed.

As a condition of employment in any federal grant, each employee who is engaged in performance of a federal grant, shall notify his or her supervisor of his or her conviction occurring in the workplace as defined above, no later than 5 days after such conviction.

As a condition of employment in any federal grant, each employee who is engaged in performance of a federal grant, shall abide by the terms of the school district policy respecting a drug and alcohol free workplace.

An employee who violates the terms of this policy may be nonrenewed or his or her employment may be suspended or terminated, at the discretion of the board.

Legal Reference: Drug Free Workplace Act. 102 Stat. 4305 4308/

54 Fed. Reg. 4946 (1989)

Adopted: December 11, 1989
Revised: September 10, 1991

Administrative Guidelines

The Superintendent will provide a drug- and alcohol-free workplace in accordance with the Drug-Free Workplace Act of 1989 and its implementing regulations. The Superintendent will:

1. Notify all employees in writing that the unlawful manufacture, distribution, dispensing, possession, use of a controlled substance, or alcohol is prohibited in the district=s workplace and specify that disciplinary actions will be taken against employees for violation of such prohibitions.

2. Establish a drug- and alcohol-free awareness program to inform employees about the dangers of drug and alcohol abuse in the workplace; the district=s policy of maintaining a drug- and alcohol-free workplace; any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and the penalty that may be imposed on employees for drug and alcohol abuse violations occurring in the workplace.

3. Make it a requirement that each employee, whose employment is funded by a federal grant, be given a copy of the statement concerning a drug- and alcohol-free workplace.

4. Notify the employee in the required statement that as a condition of employment under the grant, the employee will abide by the terms of the statement, and will notify the district of any criminal drug or alcohol statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Notify the federal agency within ten (10) days after receiving notice from an employee or otherwise receiving notice of such conviction.

6. Take one of the following action with thirty (30) days of receiving notice with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination; or require such employee to participate satisfactorily in a drug or alcohol abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health law enforcement, or other appropriate agency.

7. Make a good faith effort to continue to maintain a drug- and alcohol-free workplace through implementation of all the provisions of this policy.

8. Inform certified and non-certified members of a faculty, administrators and registered nurses of disclosure rights regarding information about drug and/or alcohol obtained through professional communication.

9. Advise employees of procedures and timelines regarding any physical evidence received that is related to a crime that has or is being committed by a student, including the role of administrators, the Commissioner of Consumer Protection or other appropriate law enforcement officials.

Adopted: December 11, 1989
Revised: September 10, 1991
Revised: June 18, 2001