BP 4020Drug and Alcohol-Free Workplace

The School Board believes that the maintenance of drug-free and alcohol-free workplaces is essential to school and District operations. No employee shall unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, drug, or controlled substance before, during, or after school hours at school or in any other District workplace or at any District-sponsored activity.

The Superintendent shall:

1. Publish and provide access to each employee notification of the Board's policy mandating a drug-free and alcohol-free workplace. The notification shall specify the actions that will be taken against employees who violate these prohibitions. It also shall state that as a condition of employment, the employee will abide by the terms of this policy and notify the employer of any criminal drug or alcohol conviction for a violation which occurred in the workplace. Such notice by the employee must be made within five (5) days from the date of the conviction. Failure to comply with the policy shall result in termination.

For the purpose of this policy, "conviction" shall mean a finding of guilt by any judicial body charged to determine violations of federal or state criminal drug or alcohol laws, whether such finding is made following a trial or by entry of a plea of guilty or nolo contendere.

2. Establish a drug and alcohol awareness program to inform employees about the District policies of maintaining a drug-free and alcohol-free workplace.

3. Initiate disciplinary action within thirty (30) days after receiving notice from an employee, or otherwise, of a conviction for a violation in the workplace. Such action shall be consistent with state and federal law, the appropriate employment contract, the applicable collective bargaining agreement, and District policy and practices.

When required by law or Board policy, the Superintendent shall terminate an employee. When termination is not required by law or Board policy, the Superintendent shall (a) take appropriate disciplinary action, including termination when warranted, or (b) require the employee to satisfactorily participate in, and complete, an approved drug assistance or rehabilitation program. The Superintendent's decision shall be made in accordance with relevant state and federal laws, employment contracts, collective bargaining agreements, and District policies and practices.

Legal Reference:

THE DRUG-FREE WORKPLACE ACT OF 1988
DRUG-FREE SCHOOLS AND COMMUNITIES ACT AMENDMENT OF 1986, as amended
CONTROLLED SUBSTANCES ACT,21 CODE OF FEDERAL REGULATIONS
1300.1-1300.15