ALCOHOL-FREE AND DRUG-FREE WORK PLACE

The district shall provide a safe and secure environment which encourages and supports staff in their efforts to lead healthy and productive lives. It is the policy of the district to maintain an alcohol-free and drug-free workplace by prohibiting the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance by any school district employee in the workplace. All employees shall abide by this policy as a condition of employment and shall receive a written copy of this statement.

The employee shall notify the employer, within five days of any criminal alcohol or drug statute convictions which he/she receives for a violation occurring in the workplace.

For the purpose of this policy, "conviction" shall mean a finding of guilt, including a plea of nolo contender, or imposition of sentence, or both, by any judicial body charged to determine violations of federal or state criminal alcohol or drug statutes.

The Superintendent or designee shall:

1. Establish and maintain an alcohol and drug-free awareness program to inform employees about
   • the dangers of substance abuse;
   • the district policy of maintaining an alcohol and drug-free workplace;
   • the availability of information and assistance programs;
   • the penalties that may be imposed upon employees consuming or determined to be under the influence of alcohol and drug use violations occurring in the workplace.
2. Notify the appropriate federal granting or contracting agencies within ten days after receiving notification, from an employee, of any conviction for a violation occurring in the workplace.
3. Initiate disciplinary action within 30 days after receiving notice of a conviction for a violation in the workplace from an employee or otherwise.  Such action shall be consistent with state and federal law, the appropriate employment contract, the applicable collective bargaining agreement, and district policy and practices.
4. Make a good faith effort to continue maintaining an alcohol-free and drug-free workplace through implementation of Board policy.

In taking disciplinary action, the Board shall require termination when termination is required by law.  When termination is not required by law, the Board shall either take disciplinary action, up to and including termination, or shall require the employee to satisfactorily participate in an alcohol or drug assistance or rehabilitation program approved by a federal, state or local health, law enforcement or other appropriate agency. The Board’s decision shall be made in accordance with relevant state and federal laws, employment contracts, collective bargaining agreements, and district policies and practices.

Legal References
Education Code
sections 44836, 45123
Government Code:
8350 - 8357 Drug-Free Workplace

Policy Adopted:  September 2, 1986 (effective November 30, 1986)
Reviewed:  August 2004

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