9320-R Drug-Free Workplace Regulation

The Superintendent of Schools shall certify to any federal agency making a direct grant to the District that the District will provide a drug-free workplace, in accordance with the Drug-Free Workplace Act of 1988, and the District’s policy. 

The Superintendent or his/her designee shall publish a statement notifying District employees that the unlawful manufacture, distribution, dispensation, possession or use of alcohol or a controlled substance is prohibited in the workplace (as defined by District policy). The statement shall specify the actions that will be taken against employees for violations of such prohibition. Each employee shall receive a copy of this statement and the Drug-Free Workplace Act of 1988. 

Each employee, as a condition of employment on any direct federal grant, shall:

1. Abide by the terms of the statement; and
    
2. Notify his/her immediate supervisor, who shall notify the Superintendent, of any alcohol or criminal drug statute conviction for a violation occurring in the workplace within five days of such conviction.

The Superintendent is required by law to notify the Board of Education of any such conviction(s), and shall notify the granting agency within 10 days after receiving notice of such conviction(s) from any source.

Within 30 days of such conviction(s), the District shall initiate appropriate disciplinary action against any employee so convicted in the manner provided for by law, up to and including dismissal, and require his/her satisfactory participation in a alcohol or drug abuse assistance or rehabilitation program (Employee Assistance Program – EAP) approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. An employee convicted of selling or distributing alcohol or drugs on school premises will be immediately suspended.

The District shall make a “good faith effort’ to continue to maintain an alcohol and drug-free workplace through implementation of these regulations.

The Board of Education recognizes the detrimental and devastating effect that substance abuse, including alcohol abuse, can have on individuals and their families. Therefore, the Board, in collaboration with the District’s collective bargaining units, will continue to maintain an Employee Assistance Program (EAP) that will provide appropriate and confidential services, including but not limited to referral, assessment, intervention, support and follow-up for any staff member seeking help with any substance abuse related problems, as well as mental illness, family related problems, and other emotional problems. The District will make available to all staff information explaining the services available through the EAP.

In situations where an employee’s personal problems are seen to adversely affect his/her job performance, the District will encourage the employee to seek resolution through the Employee Assistance Program.

Staff Development

The Board recognizes that if the administrative, instructional and non-instructional staff are to be responsible for implementing and modeling a drug and alcohol-free workplace policy, they must be trained in the components of an effective alcohol and other substance prevention program. Staff training will be an ongoing process including the following:

For All Staff

1. The Superintendent or his/her designee shall establish a drug and alcohol-free awareness program to inform employees about:
   
   
   1. The dangers of drug and alcohol abuse in the workplace;
   
   
   2. The District’s policy of maintaining a drug and alcohol-free workplace;
   
   
   3. Any available alcohol or drug counseling, rehabilitation, and employee assistance program; and
   
   
   4. The penalties that may be imposed upon employees for alcohol or drug abuse violations.
       
2. The staff should also be made aware of their role in eliminating the use/abuse of alcohol and controlled substance by children in the District. In order to serve this function, they should be educated to identify students who exhibit high risk behaviors or who are using/abusing alcohol and other substances, and to refer these students to the appropriate personnel and/or services.

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