GBEC - Alcohol and Drug-Free Workplace GBEC - Alcohol and Drug-Free WorkplaceThe Board recognizes the importance of maintaining a workplace that is free from alcohol and drugs to enhance the safety and welfare of employees and students and ensure compliance with applicable law. Accordingly, it shall be a violation of Board policy for any district employee to possess, use or be under the influence of alcohol or illicit drugs on district property, in or on district vehicles, at any school-sponsored or district-sponsored activity or event, or off district property when the employee is on duty.
For purposes of this policy, "illicit drugs" means narcotics, drugs and controlled substances as defined in law. Although some actions involving marijuana are no longer prohibited by state law, federal law still prohibits the manufacture, sale, distribution, possession and use of marijuana. As a recipient of federal funds, the district has an obligation to maintain a drug-free workplace. Thus, marijuana is an illicit drug for purposes of this policy. "Illicit drugs" also includes any prescription or over-the-counter drug that does not meet the following four criteria: (1) the employee has a current and valid prescription for the drug or the drug is sold over-the-counter; (2) the drug is used or possessed for the purpose for which it was prescribed or sold over-the-counter; (3) the drug is used or possessed at the dosage prescribed or recommended; and (4) the drug is used or possessed consistent with the safe and efficient performance of the employee's job duties.
Observance of this policy is a condition of employment. A violation shall subject the employee to appropriate disciplinary action which may include suspension, termination and referral for prosecution. In appropriate circumstances and at the district's sole discretion, disciplinary sanctions may include the completion of an approved drug or alcohol abuse assistance or rehabilitation program. Any such program shall be at the employee's expense. However, the district is not required to offer rehabilitation in lieu of termination or other discipline to any employee who has violated this policy.
Whenever an employee's supervisor or any other person in a position of authority with respect to such employee reasonably suspects that such employee's work performance or on the job behavior may have been affected in any way by illegal drugs or alcohol, or that an employee has otherwise violated this Drug-Free Workplace policy, the employee may be required to submit a breath and/or urine sample for drug and alcohol testing after consultation with the Superintendent and Director of Human Resources.
When any employee of the School District observes or is notified of behavior or events that lead such employee to have a reasonable suspicion that another employee of the School District is in violation of this Drug-Free Workplace policy, the employee having such suspicion shall notify the Director of Human Resources who will consult with the Superintendent.
If the Director of Human Resources and Superintendent agree that there is a reasonable suspicion of a violation, the employee will be required to immediately submit to drug/alcohol testing. An employee who is required to submit to drug/alcohol testing pursuant to this policy GBEC and refuses will be charged with insubordination and subject to disciplinary sanctions, including possible termination.
An employee knowingly in the possession of or under the influence of alcohol or any controlled substance shall be suspended immediately by the principal or supervisor if such use or possession is:
1. On district property at any time.
2. At any school-sponsored or sanctioned activity or event off district property or enroute thereto.
An employee shall be suspended immediately after arrest for possession or for being under the influence of a controlled substance.
After investigation, the Superintendent may reinstate the employee who has been suspended if it appears to be in the best interests of the district. The matter shall be reported to the Board of Education.
Drug-Free Workplace Act
Under the federal Drug-Free Workplace Act (the Act), the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in any district workplace. The Act defines "controlled substance" as a controlled substance in schedules I through IV of 21 U.S.C. section 812, which includes but is not limited to marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamine).
Pursuant to the Act, any employee who is convicted or pleads nolo contendere under any criminal drug statute for a violation occurring in the workplace shall notify the Superintendent no later than five days after the conviction. The district has an obligation under federal the Act to notify the appropriate federal agency within 10 days after receiving notice of such conviction if there is a relationship between federal funds received by the district and the convicted employee's work site.
Awareness and Prevention Protocols
The Superintendent shall establish protocols to inform employees about:
1. The Board's policy of maintaining an alcohol and drug-free workplace.
2. Available drug and alcohol counseling, rehabilitation and employee assistance programs. The school district is under no obligation to provide such programs at district expense.
3. Penalties that may be imposed upon employees for drug and alcohol abuse violations occurring in the workplace.
The district shall conduct a periodic review of its protocols to determine its effectiveness and implement appropriate changes.
Notification of Employees
Information about the standards of conduct required by this policy shall be communicated to employees. All employees shall acknowledge receipt of this policy and related information.
Adopted: April 1989
Revised: August 1999
Revised and recoded: March 26, 2010
Revised and recoded: October 12, 2010
Revised and Adopted: April 29, 2015
LEGAL REFS.: 20 U.S.C. 7101 et seq. (Safe and Drug-Free Schools and Communities Act of 1994)
21 U.S.C. 812 (definition of controlled substance)
41 U.S.C. 701 and 702 (Drug-Free Workplace Act of 1988)
CROSS REFS.: EEAEAA, Drug And Alcohol Testing For Bus Drivers
GCQF, Discipline, Suspension and Dismissal of Professional Staff
GDQD, Discipline, Suspension and Dismissal of Support Staff
JICH, Drug and Alcohol Use by Students