3122.03 - EMPLOYEE DRUG PREVENTION

Fruitport Community Schools

Bylaws & Policies

3122.03 - EMPLOYEE DRUG PREVENTION

	A.	POLICY

		The Board of Education, as an employer, is concerned with the well-being of its employees, the need to maintain employee productivity and the successful accomplishment of its mandate to provide education to the students of the Fruitport Community Schools. Moreover, the Board of Education recognizes that is employees serve as role models to students. Substance abuse by employees constitutes a grave threat to their physical and mental well-being, significantly impedes their job performance and ability to achieve their work objectives, and is a detriment to their effectiveness as positive role models. Accordingly, it is the policy of the board of education to implement a drug prevention program and to prohibit the unlawful possession, use, distribution or being under the influence of illicit drugs and alcohol by all employees on school premises or as part of any school business, activity or function pursuant to Public Law 101-226, otherwise known as the Drug-Free Schools and Communities Act Amendments of 1989, 20 USC 3171 et seq., and its promulgated regulations, 34 CFR Part 86.

	B.	DEFINITIONS

		"Illicit substances" include alcohol or alcoholic beverages in any form; illegal drugs, including but not limited to those substances defined as "controlled substances" pursuant to Federal and Michigan law; anabolic steroids, human growth hormones or other performance-enhancing drugs; substances purported to be illegal, abusive or performance-enhancing, i.e., "look-alike drugs." See e.g., 21 USC 802; MCL 333.7104, MCL 333.17766a., MCL 436.2.

		"School premises" include any school building or any other school property which is owned, leased or otherwise occupied for school purposes or in connection with any school business, activity or function; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or a school business, activity or function off school property.

		"School business, activity or function" includes any school-sponsored or school-approved activity, event or function, such as, for example, a field trip or athletic event, where students are under the jurisdiction of the school district: any activity performed by the employee which is within the scope of his or her employment, duties or job description.

	C.	RESPONSIBILITY

		The Board of Education delegates to the Superintendent the responsibility to implement and oversee the requirements of this policy, including but not limited to:

		1.	The provision of a written certification to the Michigan Department of Education that the Board of Education has adopted and implemented an employee drug prevention program pursuant to the Drug-Free Schools and Communities Act.

		2.	The distribution to all employees of the Board of Education's policy regarding the drug prevention program for employees, which includes a copy of the standards of conduct required by the policy and the statement of disciplinary sanctions, as well as notification that compliance with the standards of conduct is mandatory.

		3.	A biennial review of its employee drug prevention program to:

			a.	determine its effectiveness and implement changes to the program if they are needed; and

			b.	ensure that the program's disciplinary sanctions are consistently enforced.

		4.	The provision of access to personnel, records, documents and any other information necessary to review the adoption and implementation of the school district's drug prevention program if the Michigan Department of Education selects the Fruitport Community Schools for review.

		5.	The provision of information, upon request, to the Secretary of Education, the Department of Education and the public about the elements of the school district's drug prevention program, including the results of its biennial review.

		6.	Maintenance of records related to the school district's compliance with the certification requirements of the Drug-Free Schools and Communities Act.

	D.	STANDARDS OF CONDUCT

		The unlawful possession, use (including but not limited to application, injection, inhalation or ingestion), distribution or being under the influence of illicit substances by any employee while on school premises, performing school business or as part of any school activity or function is strictly prohibited. Compliance with the standards of conduct in this policy is mandatory and shall not be construed to be voluntary.

	E.	DISCIPLINARY SANCTIONS

		Disciplinary sanctions, up to and including termination of employment, will be imposed on employees who violate the above standards of conduct. It is the intention of the Fruitport Community Schools to impose disciplinary sanctions in a consistent manner. An employee who violates the terms of this policy may be non-renewed or his or her employment may be suspended or terminated. An employee who violates the standards of conduct will also be reported to law enforcement officials, where appropriate. This enumeration of possible sanctions shall not be construed as limiting the Board's complete discretion to impose the sanction to be imposed.

		At the discretion of the Board, an employee who violates the terms of this policy shall satisfactorily participate in a drug abuse assistance or rehabilitation program approved by the Board. If the employee fails to satisfactorily participate in such a program, the employee's contract or employment relationship shall be subject to non-renewal or his or her employment may be suspended or terminated. The Board of Education recognizes that substance abuse in the form of alcoholism or chronic drug abuse may be characterized as an illness. Accordingly, an employee who violates the standards of conduct may be eligible for an appropriate counseling, rehabilitation and/or re-entry program under the following criteria:

		1.	The employee's conduct is not episodic, but rather represents an addictive behavior.

		2.	There is a reasonable expectation of recovery.

		3.	The employee's participation is voluntary.

		Disciplinary sanctions against employees, including non-renewal, suspension and termination of employment shall be in accordance with the prescribed procedural and substantive requirements of school district administrative regulations and procedures, any applicable collective bargaining agreement or individual contract, and applicable statutes.

	F.	COUNSELING, REHABILITATION AND RE-ENTRY PROGRAMS

		Information about any drug and alcohol counseling, rehabilitation and/or re-entry programs is available to employees. The school district's provision of this information neither constitutes an endorsement of the counseling, rehabilitation and/or re-entry program, nor is it an express or implied offer to pay, in full or in part, any expenses which the employee may incur for his or her participation in such a program.

P.L. 101

Revised 10/25/10