403.5 Substance-Free Workplace

SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicle, also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. 

The superintendent is responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.

NOTE:  This is a federally mandated policy and is in compliance with federal law.  There is an option in the third paragraph that allows the board to require the employee to complete a treatment program.  This option is not a federal requirement but may be added by the board.  If this sentence is left in the policy, corresponding changes need to be made in the accompanying regulation and exhibits.

 

 

 

Legal Reference:           41 U.S.C. §§ 81 (2012).

                                    42 U.S.C. §§ 12101 et seq. (2012).

                                    34 C.F.R. Pt. 85 (2012).

                                    Iowa Code §§ 123.46; 124; 279.8 (2013).

 

 

Cross Reference:           404       Employee Conduct and Appearance