Policy No. 5310 Drug-Free Workplace
Drug-Free Workplace
Cache County School District is committed to an alcohol and drug-free workplace. Alcoholism and
drug dependencies are recognized as treatable illnesses from which recovery is possible. Drugs and
narcotics under this policy include controlled substances which are illegal under federal, state, and
local laws.
I. Purposes
A. The Cache District Board of Education recognizes that the use, possession, distribution, or illegal sale of alcohol, narcotics, or other dangerous drugs and drug paraphernalia constitutes a hazard to employees and students and is illegal according to Federal and State Law. The board encourages the development and implementation of educational programs which will have a positive effect upon employee values, provide information on the effects of all harmful substances and drugs, and aid in the prevention, misuse, and abuse of those substances. The Board supports and encourages programs that coordinate school district and employee cooperation in attempting to prevent substance misuse and abuse problems, and encourages employees, who become involved with drug or alcohol abuse, to seek school district, public, or outside professional help.
II. Administration
A. The Board delegates to the Administration the responsibility for providing education prevention programs with adequate employee notification, procedures for employee discipline, and support for employees and their families in all efforts of substance abuse prevention.
III. Prohibited Conduct
A. Employee use, possession, distribution, illegal sale, or being under the influence of alcohol, narcotics, or other illicit drugs and drug paraphernalia, other than that prescribed by a licensed physician for a current personal medical treatment, is prohibited in all Cache School District facilities, on school grounds, at school district-sanctioned activities, or when employees are using vehicles dispatched by the school district.
IV. Disciplinary Action
A. The regulations which shall guide the enforcement of this policy shall be in keeping applicable laws and shall be observed by all employees. Disciplinary action, independent of court action, may be taken in cases involving prohibited conduct. Disciplinary action may include immediate suspension and possible termination for violation of this policy. Any and all discipline, termination, or treatment referral proceedings initiated by the district will be in accordance with the district grievance procedures.
V. An alcohol or drug problem is defined as an employee’s unlawful manufacturing, distribution, dispensing, possession or use of alcohol or drugs that interferes with any part of the employee’s employment responsibilities. The following policy applies:
A. On-the-Job-Abuse
The use of alcohol or illegal use, sale, manufacturing, distribution, or possession of drugs, or intoxicants, as defined herein, while on the job or on school district property is cause for termination of employment. Any illegal substance found in the possession of employees will be turned over to the appropriate law enforcement agency and may result in criminal prosecution.
B. Off-the-Job Abuse
Employees who are convicted for off-the-job drug related activity will be considered to be in violation of this policy. Administrative action, to be taken within 30 days, will determine the impact of the violation upon the school district’s educational purpose and reputation, and the appropriate disciplinary action required.
VI. GRIEVANCE PROCEDURE
A. An employee who has been subject to disciplinary action taken under this policy may initiate grievance procedures as provided in the employee policies and procedures of the school district. This procedure will be subject to the provisions of the appropriate employee agreement and the Utah Orderly School Termination Procedures Act.
VII. ASSISTANCE
A. The school district desires to provide assistance for any employee who acknowledges alcohol or drug dependency.
B. Counseling
1. Assistance to employees as it relates to alcohol or drug abuse will be given by providing information, counseling, and referral for appropriate treatment at the employee’s expense or through group health benefits that may apply.
C. Sick Leave
1. Sick leave benefits may be utilized for alcoholism or drug abuse treatment to the same extent and in the same manner as for any other illness.
D. Referral
1. Employees who acknowledge a dependency problem with alcohol or drugs should voluntarily seek information, counseling, and appropriate referral direction on a confidential basis. An employee’s job security or employment shall not be jeopardized in any way by a voluntary request for information, counseling, or referral assistance.
VIII. COMPLIANCE
A. All employees of the Cache District shall abide by the terms of this policy as a condition of employment, and shall notify their immediate supervisor who will notify the Superintendent, within five days of any arrest or conviction for possession, sale, use, or distribution of illegal drugs or other controlled substances. Failure to abide by and conform to this policy could result in disciplinary sanctions as provided herein.
Legal References:
Synopsis:
Approved by the Board of Education: April 1, 1990. Last Revised: March 19, 2009.