The District has a compelling interest in the safety of its students, as well as in their educational, social, and behavioral development. The District also has a compelling interest in providing its employees with a safe, healthy, and professional environment in which to work. To promote these and other legitimate interests, the District adopts this drug free workplace policy. It is, therefore, the District’s policy that District employees are prohibited from engaging in any conduct at any place or any time that violates a state or federal criminal statute related to controlled substances, including the unlawful manufacture, distribution, dispensation, possession, or use thereof. Such actions are prohibited both while at work, and in the performance of work-related tasks while off District property. Violation of this policy will subject the employee to discipline, up to and including termination.
The District will establish a drug-free awareness program to inform employees about: the dangers of drug abuse in the workplace; the District’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance abuse programs; and the penalties that may be imposed upon employees for drug abuse violations.
It is a violation of this policy for an employee to be under the influence of alcohol or a controlled substance while present at work, or performing work-related tasks while off District property. It shall not be necessary for an employee to be intoxicated to violate this policy. It is enough to constitute a violation that an employee physically manifests being under the influence of alcohol or a controlled substance. Those physical manifestations include, but are not limited to: unsteadiness; slurred speech; dilated or constricted pupils; incoherent or irrational speech; and the presence of an odor associated with a prohibited substance on one’s breath or clothing. The fact that an employee may be unintentionally under the influence, e.g., unexpected reaction to prescription medication, does not negate the violation of this policy, but is a factor to be considered in determining what punishment, if any, would result from the violation.
When the administration is confronted by an employee it suspects might be under the influence of alcohol or a controlled substance, it may request that the employee immediately submit to a chemical test of the employee’s blood, breath, or urine to determine the presence of alcohol or a controlled substance therein. The test will be at the expense of the District. It will be conducted in the same manner as the tests in the student drug testing policy. Refusal of a test request by the employee will be considered by the administration as evidence of being under the influence.
Any employee who is charged with a violation of any state or federal criminal statute law relating to controlled substances must notify his supervisor of the charge within five (5) week days, excluding holidays, of having been charged. The supervisor who is notified of such a charge shall notify the Superintendent immediately. If the supervisor is not available to the employee for any reason, the employee shall notify the Superintendent within the five (5) day period.
Any employee convicted of any state or federal criminal drug statute violation shall report the conviction within five (5) calendar days to the Superintendent. Within ten (10) days of receiving such notification, whether from the employee or any other source, the administration shall notify the federal granting agencies from which it receives funds of the conviction. Compliance with these requirements and prohibitions is mandatory and is a condition of employment.
Being convicted of violation of a state or federal criminal controlled substances statute is a disciplinary offense of the first magnitude which will normally result in first offense discharge without warning or progressive discipline.
Employees are reminded that reporting for work while impaired from prescription medications is a violation of this policy. The burden is on the employee to learn the possible effects of any prescribed medication and refrain from reporting to work in the same manner as the employee would for any other condition that makes the employee physically unable to perform his or her job.
Employees are also cautioned against bringing prescription medications to work even for legitimate self-medicating. This policy does not absolutely prohibit it because there are circumstances under which it is necessary and reasonable to have one’s prescription medication at work. However, the burden is strictly on the employee to manage the situation in a manner that does not result in a violation of this policy, including being responsible for the medication not coming into the possession of another person. Remember that the fact that a prescription is required to obtain the medication means that it is a controlled substance. If there is any way to do it, the employee should manage without introducing the medication into the workplace.