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EASTON AREA
SCHOOL DISTRICT
No. 351
SECTION:
ADMINISTRATIVE
EMPLOYEES
TITLE:
DRUG AND SUBSTANCE
ABUSE
ADOPTED:
May 17, 2007
REVISED:
351. 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 primary purpose and justification for any district action will be for the
protection of the health, safety and welfare of students, staff and school property.
2.
Definitions
35 P.S.
Sec. 780-101
et seq
Drugs shall be defined as those outlined in the Controlled Substance, Drug, Device
and Cosmetic Act. Such drugs shall include, but not be limited to, anabolic steroids,
non-anabolic steroids, marijuana, hashish, cocaine, chemical solvents, glue, and any
look-alike substances.
41 U.S.C.
Sec. 706
Conviction - A finding of guilt, including a plea of nolo contendere, or imposition
of sentence, or both by any judicial body charged with the responsibility to
determine violations of the federal or state criminal drug statute.
41 U.S.C.
Sec. 706
Criminal Drug Statute - A federal or nonfederal criminal statute involving the
manufacture, distribution, dispensing, use or possession of any controlled substance.
41 U.S.C.
Sec. 706
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, including alcohol.
3.
Authority
41 U.S.C.
Sec. 702
The Board requires that every employee be given notification in writing that, as a
condition of employment, the employee will abide by the terms of this policy and
notify the district of any criminal drug statute conviction for a violation occurring in
the workplace no later than five (5) days after such conviction. Written notification
of this policy will be provided to every employee at the beginning of each school
year. Employees hired during the year will be provided written notification at the
time of employment.
351. DRUG AND SUBSTANCE ABUSE - Pg. 2
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SC 527
An employee convicted of delivery of or possession of a controlled substance with
the intent to deliver shall be terminated from his/her employment with the district.
4.
Delegation of
Responsibility
41 U.S.C.
Sec. 702, 703
A statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the
employee's workplace shall be provided by the Superintendent and shall specify the
actions that will be taken against the employee for violation of this policy, up to and
including termination, and referral for prosecution.
The district will notify the federal agencies providing direct federal grant funds of
any criminal convictions within ten (10) days of said notification.
The district will take appropriate personnel action against workplace substance
abusers within thirty (30) days of the date the district learns of the conviction.
The district shall take appropriate personnel action against such an employee, up to
and including termination or require the employee to participate satisfactorily in a
drug/alcohol abuse assistance or rehabilitation program approved for such purposes
by a federal, state or local health, law enforcement, or other appropriate agency.
In establishing a drug/alcohol awareness and education program, the Superintendent
shall inform employees about:
1.
Dangers of drug/alcohol abuse in the workplace.
2.
District's policy of maintaining a drug/alcohol-free workplace.
3.
Availability of drug/alcohol counseling, drug/alcohol rehabilitation, and
employee assistance programs.
4.
Penalties that may be imposed for drug/alcohol abuse violations occurring in the
workplace.
The district shall make a good faith effort to continue to maintain a drug/alcohol-free
workplace through implementation of this policy.
351. DRUG AND SUBSTANCE ABUSE - Pg. 3
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5.
Guidelines
Excessive Use Of Alcoholic Beverages
It shall be the duty of all employees to report any employee who is intoxicated or
intemperate while on duty to their immediate supervisor. It shall further be the duty
of any administrative employee to report to the Superintendent any employee who is
intoxicated or intemperate while on duty, on school property, or at any school-
sponsored or related activity. Any such reports shall be investigated and appropriate
actions shall be taken by the Board upon the recommendation of the Superintendent.
School Code
527
35 P.S.
Sec. 780-101 et seq
41 U.S.C.
701 et seq