5201 drug-free schools, community, and workplace

The board has an obligation to staff, students, and citizens to take reasonable steps to provide a reasonably safe workplace and to provide safety and high-quality performance for the students who the staff serve.

For purposes of this policy, the “workplace” is defined to mean the site for the performance of work done, which includes work done in connection with a federal grant. The “workplace’ includes any district building or any district property; any district-owned vehicle or any other district-approved vehicle used to transport students to and from school or school activities; and off district property during 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 district which could also include work on a federal grant.

Prohibited Behavior

To help maintain a drug-free school, community, and workplace the following behaviors will not be tolerated:

1.  The unlawful manufacture, distribution, dispensation, possession, or use, of alcohol, illegal drugs, controlled substances including marijuana (cannabis), and anabolic steroids;

2. Using, possessing, transmitting alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, in any amount, in any manner, and at any time in the workplace;

3.  Any staff member convicted of a crime attributable to the use, possession, or sale of illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, will be subject to disciplinary action, including termination;

4.  Using district property or the staff member’s position with the district to make or traffic alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids; and

5.  Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids.

Notification Requirements

Any staff member who is taking prescribed or over-the-counter medication will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of his/her job.  If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member’s responsibility to use appropriate personnel procedures (e.g., use leave, request change of duty, or notify his/her supervisor of potential side effects) to avoid unsafe workplace practices.  If a staff member notifies his/her supervisor that the use of medication could compromise the safe performance of his/her job, the supervisor in conjunction with the district office (e.g. Human Resources) then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.

As a condition of employment, each employee shall notify his or her supervisor of a conviction under any criminal drug statute for a violation occurring in the workplace.  Such notification will be provided no later than five (5) days after such conviction.  The district will inform the federal granting agency within ten (10) days after such conviction regardless of the source of the information.

Disciplinary Action

Each employee will be notified of the district’s policy and procedures regarding employee drug activity at work. Any employee who violates any aspect of this policy may be suspended, discharged, or non-renewed in accordance with the provisions of board policy, state law, and/or applicable collective bargaining agreements. The district may also refer the matter for criminal prosecution.  In cases where the district in its sole discretion determines that reinstatement of the employee is appropriate, it may require as a condition of eligibility for reinstatement that an employee satisfactorily complete a drug rehabilitation or treatment program approved by the district, at the employee's expense.  Nothing in this policy shall be construed, however, to guarantee reinstatement of any employee who violates this policy, nor does the district accept any financial obligation for treatment or rehabilitation required as a condition of eligibility for reinstatement.

 

Cross References:         

• Board Policy 4215                            Use of Tobacco, Nicotine Products and Delivery Devices
•  Board Policy 5203                            Staff Assistance Program
• Board Policy 5280                            Separation from Employment
• Board Policy 3423                            Parental Administration of Marijuana for Medical Purposes

Legal References:         

• 41 USC 8103                                    Drug Free Workplace Requirements for Federal Grant Recipients
•  20 USC §§ 7101-7118                        Safe and Drug-Free Schools and Communities Act [as amended by Title IV – 21^st Century Schools]
• 21 U.S.C. 812                                   Controlled Substance Act
• RCW   69.50.435                              Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions

Management Resources:

• 2019 – July Policy Issue
•  2015 – December Issue
•  2013 – February Issue
• 2011 – December Issue
•  Policy News, February 1999             Bus drivers still tested for marijuana

 

Adoption Date:  12.89

Stanwood-Camano School District

Revised:   5.6.03; 09.06.16; 10.18.22