It is the policy of the Marquette Area Public Schools (the "District") to provide a healthy and safe work environment for its employees and students. Employee involvement with alcohol, drugs, or other controlled substances can adversely affect the work environment, job performance, safety, and public confidence. The use, possession, distribution, and manufacture of controlled substances (including paraphernalia) at any time, and the use, possession, distribution, and manufacture of alcohol, including alcohol impairment or being under the influence of alcohol, during work related periods are strictly prohibited. Violation of such rules is cause for disciplinary action up to and including immediate discharge.

This procedure applies to all drivers as defined in the District "Drug and Alcohol Testing Procedures".

Alcohol Content means the grams of alcohol per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine.

Controlled Substance has the meaning assigned by 21 USC 802, as amended, including all substances listed on Schedules I through V as they may be revised from time to time (21 USC 812; 21 CFR 1308), and as used here in also includes related paraphernalia.

Work Related Period is any time for which the employee is entitled to compensation from the District for any reason; any time the employee is present on property owned, leased or otherwise contracted or used by the District, or any other District work location, whether or not the employee is entitled to compensation for such time; and/or any time an employee is operating or otherwise on or in a vehicle or other equipment owned, leased or otherwise contracted or used by the District, whether or not the employee is entitled to compensation for such time.

Mitigating Circumstance means a circumstance which could have the affect of lessening the severity of an offense or the degree of disciplinary action.

Aggravating Circumstance means a circumstance which could have the affect of increasing the severity of an offense or the degree of disciplinary action.

In addition to activities affecting the health and safety of District employees, the District and its employees regularly engage in activities involving the safety of students and the travelling public. Accordingly, any form of employee impairment is extremely serious and will not be tolerated. Should an employee believe they may have a problem with use/abuse of a controlled substance or alcohol they are encouraged to consult with the administration to obtain information on the availability of treatment clinics and programs before the condition affects their work performance. Employees are encouraged to seek treatment before their jobs are in jeopardy or the safety, health or security of fellow employees, students or the public are put at risk. Once an employee has been charged with violation of this procedure, or other District policies, procedures and rules, subsequent treatment will not be considered a mitigating factor.

In addition to the testing required by the Drug and Alcohol Testing Procedures, and any individualized testing requirements, all drivers are subject to post-accident testing, random testing and reasonable suspicion testing for controlled substance/alcohol use in violation of this procedure. Applicants for employment are also subject to pre-employment controlled substance testing. Such testing will be in accordance with the District's Drug and Alcohol Testing procedures or as otherwise directed by the District.

A. Corrective Discipline

The principle of corrective discipline will generally be followed for serious offenses. The purpose of corrective discipline is to encourage compliance with the established rules of conduct, that is, to correct improper conduct. Aggravating and/or mitigating circumstances may alter the severity of an offense and/or the degree of discipline administered for the offense. Discharge is not "corrective" in nature; it is used for major offenses and where other efforts to bring about correction have failed. Hopefully the risk of discharge will serve as a deterrent to major offenses, since the employee knows certain conduct will result in immediate termination of employment, and will discourage repeat of lesser offenses.

49 C.F.R. 382.101 et. seq.