FCSD25 Seal

School District 25 Policy

Drug and Alcohol Free Workplace

Policy 1800
Adopted: June 25, 2002


Purpose

It is a violation of Fremont County School District No. 25 policy for any employee to unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, amphetamine, hallucinogenic drug, barbiturate, marijuana or any other 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 by regulation at 21 CFR 1200.11 through 1300.15. There will be no usage of alcohol whatsoever by adults or students on or in the workplace.

"Workplace" is defined as the site for the performance of work done including a school building or other 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, where students are under the jurisdiction of the school district.

The objective of this Policy is to develop a drug and alcohol-free workplace which will help ensure a safe and productive workplace and to provide education and guidance to our employees. In order to further this objective, the following rules regarding alcohol and illegal drugs in the workplace have been established.

Policy

It is a condition of continued employment of all personnel that they shall comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute or alcohol conviction occurring in the workplace. Such notification shall be no later than five (5) days after such conviction.

Within ten (10) days after receiving notification of a conviction specific to a criminal drug statute from an employee or otherwise receiving actual notice of such conviction the District will notify the granting agency.

The District will, within thirty (30) days of receiving notice of an employee's conviction, take appropriate personnel action against such an employee; i.e., up to and including termination; or requiring such employee to participate satisfactorily in a drug abuse rehabilitation program.

The principal/supervisor at the building level is responsible to communicate to staff the District's Drug Free Workplace Policy including the dangers of drug abuse in the workplace, and the availability of the District's employee assistance program and other rehabilitation programs.

  1. The District shall implement a comprehensive drug and alcohol abuse education program. As part of that program, information will be provided on the availability of community assistance services.
  2. Alcoholism and other drug addictions are recognized as diseases responsive to proper treatment, and this will be an option as long as the employee cooperates.
  3. The manufacture, distribution, dispensing, possession, sale, purchase, or use of a controlled substance on District property is prohibited.
  4. Being under the influence of alcohol or illegal drugs on District property is prohibited. The unauthorized use or possession of prescription drugs or over-thecounter drugs on District property is prohibited.
  5. Employees who violate this Policy are subject to appropriate disciplinary action including termination.
  6. The Policy applies to all employees of the District regardless of rank or position and includes temporary and part-time employees.
  7. Employees taking drugs prescribed by an attending physician must advise their direct supervisor in writing of the possible effects of such medication regarding their job performance and physical/mental capabilities. This written information must be kept confidential and communicated to the direct supervisor prior to the employee commencing work. All medical information will be kept confidential and the employer, without exception, will punish any breach of privacy and confidentiality in this regard. All prescription drugs must be kept in their original container.

Activities, such as referral appointments, will be treated on the same basis as other personal business or health matters with regards to use of sick leave or compensation time. Sick leave may be taken as needed, while compensation time must be pre-approved.

Coordination with Law Enforcement Agencies

The sale, use, purchase, transfer, or possession of an illegal drug or drug paraphernalia is a violation of the law. The District will report information concerning possession, distribution, or use of any illegal drugs to law enforcement officials and will turn over to the custody of law enforcement officials any such substances found during a search of an individual or property. Searches will only be conducted of individuals based on reasonable cause and only of their vehicles, lockers, desks, or closets when based on reasonable suspicion. The District will cooperate fully in the prosecution and/or conviction of any violation of the law.

The District reserves the right to interpret, change, suspend, cancel or dispute, with or without notice, all or any part of this Policy, or procedures or benefits discussed herein. Employees will be notified before implementation of any change.

Other Laws and Regulations

The provisions of this Policy shall apply in addition to, and shall be subordinated to any requirements imposed by applicable federal, state or local laws, regulations or judicial decisions. Unenforceable provisions of this Policy shall be deemed to be deleted.

Reference: Section 5151-5160 of the Drug-Free Workplace Act of 1988