DRUG-FREE WORKPLACE
The Board recognizes that alcoholism and drug dependency are treatable diseases.
Left untreated, they may result in serious personal and family problems. At the
same time, the Board is also seriously concerned about the effects of alcohol
and drug dependency upon an employee’s job performance and ability to serve as a
role model for our students.
The Board believes strongly that all employees and students should be able to
work and learn in an environment free from alcohol and drug abuse. Accordingly,
the Board expects all employees to report for work and to perform their duties
in a manner which does not jeopardize the health, safety and well being of
co-workers and students.
No employee shall distribute, dispense, possess, use or be under the influence
of any alcoholic beverage, malt beverage or fortified wine or other intoxicating
liquor. Nor shall an employee unlawfully manufacture, distribute, dispense,
possess, use or be under the influence of any narcotic drug, hallucinogenic
drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other
controlled substance (as defined in schedules I through V of section 202 of the
federal Controlled Substance Act [21 U.S.C. §812]; by regulation at 21 CFR,
§1300.11 through 1300.15; and in 17-A MRSA, §1101). This applies before, during
and after school hours, at school or in any other school system location,
defined as follows:
“School system location” means in any school building or on
any school premises; in any school-
owned vehicle or in any other school-approved vehicle used to
transport students to and from school
or school activities; off school property at any
school-sponsored or school-approved activity, event
or function, such as a field trip or athletic event, where
students are under the jurisdiction of the
school unit; or during any period of time such employee is
supervising students on behalf of the
school system or otherwise engaged in school unit business.
Any employee who suspects that he/she may have an alcohol or drug dependency
problem is strongly encouraged to contact his/her supervisor to seek voluntary
diagnosis and treatment. The employee will be provided confidential referral
services to an outside agency upon request and assisted in determining the
extent to which insurance coverage to help pay for such services is available.
All voluntary referrals shall be kept confidential.
Any illegal use, possession, furnishing, selling or provision of assistance in
obtaining alcoholic beverages or scheduled drugs not covered by the preceding
paragraphs may, depending upon the circumstances, constitute sufficient grounds
for discipline, up to and including dismissal. Referrals under foregoing
paragraphs of this policy will not preclude disciplinary action under this
paragraph, depending on the circumstances.
As provided in the Drug-Free Workplace Act of 1988, any employee is required to
notify the school unit of a criminal or civil conviction for a drug violation
occurring in the workplace no later than five calendar days after such
conviction. In turn, the Superintendent, within 10 calendar days of learning of
such a conviction, is to give written notification to the U.S. Department of
Education and to any other federal agency from which the unit receives grant
funds.
Any employee who violates the terms of this policy may be allowed to participate
in a drug abuse assistance or rehabilitation program approved by the Board. If
such employee fails to satisfactorily participate in and complete such program,
the employee shall have appropriate disciplinary sanctions taken against
him/her, up to and including dismissal.
Implementation
The Superintendent shall be responsible for developing and administering
appropriate procedures to implement this policy.
Communication
A copy of this policy is to be given or mailed to all current employees and to
new employees at the time of their employment and is to be posted in appropriate
locations throughout the school system.
Legal Reference: 21 U.S.C. § 812 (Controlled Substances Act)
21 CFR §§1300.11-1300.15
Fed. P.L. 101-226
17-A MRSA §1101
DATE ADOPTED: July 1, 2003