Drug and Alcohol-Free Workplace
BP 4020.00
DRUG AND ALCOHOL-FREE WORKPLACE All Personnel
| Note: The Drug-Free Workplace Act of 1988 requires districts to adopt policy maintaining drug-free workplaces as specified by law and to notify their employees of such policy. The following sample policy complies with the Drug-Free Workplace Act, Drug-Free Schools and Communities Act and the Omnibus Transportation Employee Testing Act of 1991. The Drug-Free Schools and Communities Act includes alcohol in addition to "controlled substances," and applies to districts that receive federal funds either directly or indirectly. |
The School Board believes that the maintenance of drug-free and alcohol-free workplaces is essential to school and district operations. No employee shall unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any alcoholic beverage, drug or controlled substance before, during or after school hours at school or in any other district workplace or at any district-sponsored activity.
The Superintendent shall:
1. Publish and give to each employee a notification of the Board's policy mandating a drug-free and alcohol-free workplace.The notification shall specify the actions that will be taken against employees who violate these prohibitions. It also shall state that as a condition of employment, the employee will abide by the terms of this policy and notify the employer of any criminal drug or alcohol conviction for a violation occurring in the workplace. Such notice by the employee must be made within five (5) days from the date of the conviction.
For the purpose of this policy, "conviction" shall mean a finding of guilt by any judicial body charged to determine violations of federal or state criminal drug or alcohol laws, whether such finding is made following a trial or by entry of a plea of guilty or nolo contendere.
2. Notify the appropriate federal granting or contracting agencies within ten days after receiving notification from an employee, or otherwise, of any conviction for a violation occurring in the workplace.
4. Initiate disciplinary action within 30 days after receiving notice from an employee, or otherwise, of a conviction for a violation in the workplace. Such action shall be consistent with state and federal law, the appropriate employment contract, the applicable collective bargaining agreement, and district policy and practices.
5. Make a good faith effort to maintain a drug- and alcohol-free workplace throughout the district.
When required by law, the Superintendent shall terminate an employee. When termination is not required by law, the Superintendent shall (a) take appropriate disciplinary action, including termination when warranted, or (b) require the employee to satisfactorily participate in, and complete, an approved drug assistance or rehabilitation program. The Superintendent's decision shall be made in accordance with relevant state and federal laws, employment contracts, collective bargaining agreements, and district policies and practices.
(cf. 3514 - Safety)
(cf. 4117.4 - Dismissal)
(cf. 4118 - Dismissal/Suspension/Disciplinary Action)
(cf. 4159 - Employee Assistance Programs)
(cf. 4158/4358 - Employee Security)
(cf. 4218.1 - Drug and Alcohol Testing for School Bus Drivers
(cf. 5144.1 - Suspension and Expulsion/Due Process)
Legal Reference:
THE DRUG-FREE WORKPLACE ACT OF 1988
DRUG-FREE SCHOOLS AND COMMUNITIES ACT AMENDMENT OF 1986, as amended
CONTROLLED SUBSTANCES ACT, 21 U.S.C. 801
21 CODE OF FEDERAL REGULATIONS
1300 - 1316
KETCHIKAN GATEWAY BOROUGH SCHOOL DISTRICT
Adoption Date: 10/13/99
Revision Date: 10/28/2020