5201 - Drug Free Workplace

The District has an obligation to staff, students and citizens to take reasonable steps to assure safety in the workplace and to provide safety and high quality performance for the students and educational community that the staff members serve.

For purposes of this Regulation, “Workplace” is defined to mean the site for the performance of work done for or on behalf of the District, which includes but is not limited to work done in connection with any federal grant. Workplace includes use of any school building, any District property, and any District equipment; any District-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; any other property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the supervision of the District.

For these purposes, the following behaviors will not be tolerated:

1. Reporting to or otherwise being at the Workplace when under the influence of or having your Workplace performance adversely affected by use of alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids.
2. Using, possessing, or transmitting alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, (other than in accordance with a properly-issued prescription),or opiates in any amount or in any manner on District property at any time or when involved in a District activity on or off District property.
3. Any staff member convicted of a crime attributable to the use, possession, or sale of illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, will be subject to disciplinary action, including termination.;
4. Using District property or the staff member's position within the District to make or traffic in alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, .or opiates; and/or
5. Using, possessing, or transmitting alcohol, controlled substances, illegal chemical substances, or opiates in a manner which is detrimental to the interest of the District.

Any employee who drives or operates a District vehicle or is assigned to a Safety Sensitive Position (defined for purpose of this Regulation as a position in which a drug impairment constitutes a direct threat to the health or safety of staff, students, or the educational community) who is taking a controlled substance or other medication, whether or not prescribed by the employee's medical provider, which may adversely affect that employee's ability to perform in the Workplace in a safe manner, is required to report such use of a drug or medication to their supervisor. The supervisor in conjunction with the Assistant Superintendent of Human Resources/designee then will determine whether the employee can remain at work and whether any work restrictions will be necessary.

Notification Requirements

Any staff member who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of their job. If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member’s responsibility to use appropriate personnel procedures (e.g., use leave, request change of duty, or notify their supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies their supervisor that the use of medication could compromise the safe performance of their job, the supervisor, in conjunction with

Human Resources, then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.

As a condition of employment, each employee shall notify their supervisor of a conviction under any criminal drug statute violation occurring in the Workplace, as defined above. Such notification shall be provided no later than 5 days after such conviction. The District shall inform the Department of Labor within ten days of such conviction, regardless of the source of the information.

Each employee shall be notified of the District's Regulation regarding employee drug activity concerning the Workplace and of the availability of the District’s Employee Effectiveness Program.

Any employee who violates any aspect of this Regulation may be subject to disciplinary action, which may include termination of employment. Applicants who violate any aspect of this Regulation may have any offer of employment withdrawn or revoked. As a condition of eligibility for reinstatement, an employee may be offered an opportunity to participate in rehabilitation. In such cases, the affected employee shall be required to satisfactorily complete at the employee’s expense a drug and/or alcohol rehabilitation or treatment program approved in advance by the District. Nothing in this Regulation shall be construed to guarantee reinstatement of any employee who violates this Regulation, nor shall the District incur any financial obligation for treatment or rehabilitation specified as a condition of eligibility for reinstatement. If the District decides in its sole discretion to offer reinstatement to such an employee, the employee will be required to sign and abide by the terms of a return-to-work agreement as a condition of continued employment.

The District may notify law enforcement agencies regarding a staff member’s violation this Regulation at the District's discretion or take other action as the District deems appropriate.