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NUMBER: |
351,451,551 |
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SECTION: |
Administrative, Professional, and Classified Employees |
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TITLE: |
Drug and Substance Abuse |
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ADOPTED: |
February 19, 2008 |
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REVISED: |
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351, 451, 551. DRUG AND SUBSTANCE ABUSE |
1. Purpose |
The Board recognizes that the misuse of drugs is a serious problem with legal, physical and social implications for the whole school community and is concerned about the problems that may be caused by employees, especially as the use relates to an employee's safety, efficiency and productivity. The District shall strive to maintain a drug-free workplace through implementation of this policy.
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The District shall terminate the employment of any employee who unlawfully manufactures, distributes, dispenses, possesses, or uses a controlled substance in the workplace or otherwise violates this policy and also refer that employee for prosecution. |
| P.L. 100-690 |
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2. Definitions
P.S. 35
Sec. 780-101
et seq |
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| P.L. 100-690 |
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Criminal Drug Statute - A federal or nonfederal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance. |
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Drug-free Workplace - The site for the performance of work at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance. |
3. Authority
SC 527 |
The Board requires that each employee be given notification that, as a condition of employment, the employee must:
1) abide by the terms of this policy;
2) notify the Superintendent or designee if the employee is arrested and charged or indicted with an offense under a Criminal Drug Statute, whether or not occurring in the workplace, as soon as practical;
3) notify the District of any criminal drug statute conviction of the employee, whether or not occurring in the workplace, no later than five (5) days after such conviction; and
4) be terminated from his/her employment with the District if the employee is convicted of delivery of or possession of a controlled substance with the intent to deliver, whether or not occurring in the workplace. |
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4. Delegation of Responsibility
P.L. 101-226
Sec. 5115 |
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In establishing a drug-free awareness program, the Superintendent shall inform employees about: |
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1. Dangers of drug abuse in the workplace. |
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2. District's policy of maintaining a drug-free workplace. |
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3. Availability of drug counseling, drug rehabilitation, and employee assistance programs. |
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4. Penalties that may be imposed for drug abuse violations occurring in the workplace. |
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The failure of the employee to receive any notice or other notification described in this policy shall not constitute a defense to any disciplinary action taken pursuant to this policy |
School Code
527
P.S. 35
Sec. 780-101 et seq
P.L. 100-690
P.L. 101-226
Sec. 5115
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