403.6 - Substance Free Work Place
403.6 - Substance Free Work PlaceThe 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.
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.
Legal Reference: 41 U.S.C. §§ 701-707 (2004).
42 U.S.C. §§ 12101 et seq. (2004).
34 C.F.R. Pt. 85 (2004).
Iowa Code §§ 123.46; 124; 279.8 (2007).
Cross Reference: 404 Employee Conduct and Appearance
Approved 7-27-2009
Reviewed 6/16/2014
Revised
403.6E1 - Substance Free Work Place Notice
403.6E1 - Substance Free Work Place NoticeEMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use,
or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as
defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and
Iowa Code Chapter 204.
"Workplace" is defined as the site for the performance of work done in the capacity as an employee. This includes school district facilities, other school premises or school
district vehicles. Workplace also includes non-school 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.
The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy up to and including termination.
EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their
supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.
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SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM
I, , have read and understand the Substance-Free Workplace policy. I understand that if I violate the Substance-Free Workplace policy, I may be
subject to discipline up to and including termination [or I may be required to participate in a substance abuse treatment program]. If I fail to successfully participate in a
substance abuse treatment program, I understand I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance
abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug
offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.
_______________________________________________________________________
(Signature of Employee) (Date)
403.6R1 - Substance Free Work Place Regulation
403.6R1 - Substance Free Work Place RegulationA superintendent who suspects an employee has a substance abuse problem will follow these procedures:
1. Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the
Substance-Free Workplace policy. After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will
discuss the problem with the employee.
2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the
superintendent may recommend discipline up to and including termination. Participation in a substance abuse treatment program is voluntary.
3. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five
days of the conviction.