No. 1051
ROSE TREE MEDIA
SCHOOL DISTRICT
SECTION:
EMPLOYEES-GLOBAL
TITLE:
DRUG AND SUBSTANCE
ABUSE
ADOPTED:
August 26, 1999
REVISED:
November 16, 2000
1051. DRUG AND SUBSTANCE ABUSE
1. Purpose
P.L. 100-690
The Board recognizes that the misuse of drugs is a serious problem with legal,
physical and social implications for the whole school community. As such, the
Board is very much concerned about the problem that may be caused by drug use by
employees, especially as the use relates to the safety, efficiency and productivity of
the employees.
The primary purpose and justification for any action on the part of the school staff
would be the protection of the health, safety and welfare of students, staff and school
property.
2. Authority
The district prohibits the possession, use and/ or distribution of any illicit drugs or
alcoholic beverages on district premises or as part of any of the district's activities.
3. Definitions
P.S. 35
Sec. 780-101
et seq
For the purposes of this policy, drugs shall be defined as those outlined in the
Controlled Substance, Drug, Device and Cosmetic Act.
P.L. 100-690
Conviction shall be defined as finding of guilt (including a plea of nolo contendere)
or imposition of sentence, or both, by any judicial body charged with the
responsibility to determine violations of the federal or state criminal drug statute.
Any employee convicted of delivery of controlled substance or convicted of
possession of a controlled substance with the intent to deliver shall be terminated
from his/her employment with the district.
Criminal drug statute shall be defined as a federal or nonfederal criminal statute
involving the manufacture, distribution, dispensing, use or possession of any
controlled substance.
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1051. DRUG AND SUBSTANCE ABUSE - Pg. 2
4. Delegation of
Responsibility
P.L. 101-226
Sec. 5115 (a) (4)
A statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the
employee's workplace shall be provided and shall specify the actions that will be
taken against the employee for violation of this policy up to and including
termination and referral for prosecution.
The Board requires that each employee be given notification that, as a condition of
employment, the employee will abide by the terms of this policy and notify the
district of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction.
The district shall be responsible for taking one of the following actions within thirty
(30) days of receiving notice, with respect to any convicted employee.
In establishing a drug-free awareness program, the Superintendent or his/her
designee shall inform administrative employees about:
1.
The dangers of drug abuse in the workplace.
2.
The district's policy of maintaining a drug-free workplace.
3.
The availability of drug counseling, drug rehabilitation, and employee
assistance programs available.
4.
The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
The district shall make a good faith effort to continue to maintain a drug-free
workplace through the implementation of this policy.
5. Guidelines
The process consists of five (5) phases as follows:
1.
Self-Referral
An employee may use the process when s/he identifies the need for assistance
because of substance abuse.
2.
Identification
When an employee's supervisor suspects that the employee is having a problem
with substance abuse as evidenced by poor or diminished work performance,
the supervisor shall counsel the employee to seek professional evaluation and
treatment.
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1051. DRUG AND SUBSTANCE ABUSE - Pg. 3
3.
Referral
An employee who wishes to have information on services for substance abuse
evaluation and/or treatment may contact Human Resources Administrator. In
the alternative, if the employee's supervisor determines that the employee may
be suffering from substance abuse as a result of poor or diminished work
performance, the supervisor may refer the employee to the Human Resources
Administrator to obtain information for substance abuse evaluation and/or
treatment.
4.
Diagnosis and Referral
Upon request by the employee, the Human Resources Administrator will refer
the employee to the appropriate evaluation and/or treatment service.
5.
Counseling and Treatment
An employee may voluntarily submit to counseling and/or treatment for
substance abuse at a facility selected by the employee.
All employees entering an assistance program will be required to sign a letter of
agreement with the district which specifies the terms of the employee's status with
the district regarding his/her participation in the rehabilitation program and the
employee's obligations subsequent to the completion of the program.
It will be the responsibility of the employee to comply with the referrals for
diagnosis of his/her problem and to cooperate and follow the recommendation of the
diagnostician or counseling agent.
Any employee who successfully completes a rehabilitation program and has
maintained a good record may request that all records pertaining to his/her
participation in the assistance program be removed from his/her file. Such a request
can be made no sooner than three (3) years from the date of the employee's
completion of the rehabilitation program. The request must be made in writing to the
Human Resource Administrator.
Failure to satisfactorily complete a voluntary substance abuse program, or conduct
requiring the employee to enter a rehabilitation program for a third time, will result
in the district moving for dismissal in accordance with the Public School Code of
1949, as amended.
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