|South-Western City School District|
|Bylaws & Policies|
5530 - ALCOHOL USE BY STUDENTS/STUDENT DRUG ABUSE
Acknowledging that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful, the South-Western City School District also recognizes that individuals who are experiencing the effects of alcohol and other drug use are in need of assistance. The District is committed to providing for its students, programs and/or services appropriate for prevention and to identifying sources of treatment for such problems. Information about drug and alcohol counseling and treatment programs will be made available to students and their parents through intervention assistance teams, counselors, the student assistance counselor, the drug-free schools coordinator, and many programs offered throughout the District. A working relationship has been established between District professionals and local professional helping agencies in order to enhance familiarity, communication, referral, and follow-up. Additionally, every effort will be made by the District to assist students with their transition both into and out of treatment options.
Within the District, resources are made available to students and their parents through a number of programs. In addition to information regarding alcohol and other drug counseling and rehabilitation, information about re-entry programs that are available to students will be maintained and provided to students and parents. This information will be maintained by the Coordinator of Human Services, psychologists, and guidance staff.
Sale, exchange, use or possession of intoxicants, illegal drugs or other controlled substances on school premises interferes with the rights of students to obtain maximum benefits of the academic program. As stated above, student drug education and referrals to outside resources will be made available to students. These measures are preventive and rehabilitative and do not preclude the necessity of control measures as outlined in the "Offenses and Disciplinary Action" section of this policy.
Students of the South-Western City School District will not possess, use, sell, give or otherwise transmit or be under the influence of any drug or counterfeit (look-alike) controlled substance:
|A.||on or in close proximity to any property owned leased by or under the control of the South-Western City Schools Board of Education, including vehicles used for the transportation of students;|
|B.||at any school-sponsored or sanctioned activity or event away from or within the School District. Drug paraphernalia or instruments such as pipes, roach clips, syringes, hypodermic needles, cocaine spoons or kits and any other items normally or actually used for the packaging, conveyance, dispensation or use of drugs will not be permitted on any school property and will be subject to confiscation and disciplinary action.|
This policy, in accordance with State law, defines "counterfeit controlled substance" as the following:
|A.||Any drug that bears or whose container or label bears, a trademark, trade name or other identifying mark used without authorization of the owner of rights to such trademark, trade name or identifying mark.|
|B.||Any unmarked or unlabeled substance that is represented to be a controlled substance that is manufactured, processed, packed or distributed by a person other than the person that manufactured, processed, packed or distributed it.|
|C.||Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance.|
|D.||Any substance other than a controlled substance that a reasonable person would suspect to be a controlled substance because of its similarity in shape, size or color or its markings, labeling, packaging, distribution or the price for which it is sold or offered for sale.|
|E.||All chemicals which release toxic vapors.|
|F.||Products that can cause an intoxicating or mood altering effect.|
|G.||This policy will be subject to enforcement and/or disciplinary action by the administration during the course of any school year, including summer school sessions.|
Responsibilities of Employee
All personnel in the South-Western City School District will be made aware of their responsibilities for reporting all cases of drug or alcohol misuse to the appropriate school officials.
When a school staff member has reason to suspect that a student is in violation of the drug/alcohol policy, the following action will be taken:
|A.||The student will be brought to the school official who will inform him/her of the alleged offense, the evidence to support the allegations and the disciplinary penalty which may apply.|
|B.||If the student is in need of medical attention, the school nurse and/or the medical emergency squad will be notified to render medical attention.|
|C.||The parent(s) will be immediately notified and asked to meet with school officials.|
|D.||In the case of a medical emergency when the parent(s) cannot be contacted, the person on the student's emergency call list will be notified.|
|E.||School officials will cooperate fully with law enforcement agencies to the extent permitted by law. When a school staff member suspects that intoxicants, illegal drugs or potentially harmful substances or drug paraphernalia or instruments are concealed in a school locker or on a student, the following will apply:|
|A school locker may be searched by a school official. Student lockers, desks or similar property are subject to search by school officials at any time without notice.|
|When the possession of illegal or dangerous items is suspected to be on a student's person, the school administrator may ask the student to reveal the item suspected to be on his/her person. If the student refuses, the administrator may ask the student or the student's parent(s) for permission to conduct a search. No search will be conducted without the consent of either the student or parent(s). If the student or parent(s) refuse consent, the administrator may call the police to investigate.|
|When illegal or dangerous items are suspected to be in a student's automobile on school property, the vehicle may be searched by school officials.|
Responsibilities of Students
All students are to be responsible for understanding the South-Western City Schools drug and alcohol policy and counseling services available to them. The student has the responsibility to use this information in making decisions about drug and/or alcohol use.
Students who voluntarily request assistance or counseling in situations where no offense (as specified in section "Offenses and Disciplinary Action" of this policy) has been detected by school officials will not be deemed to be in violation of school policy. In situations where an offense (as specified in section "Offenses and Disciplinary Action" of this policy) has been detected by school officials, the exercise of school policy will not necessarily be abrogated on the basis that the student has requested counseling.
Responsibilities of Parents
The South-Western City Board of Education recognizes that parents have the primary responsibility for their children. The link between school and parents is the child. The effectiveness of this drug and alcohol policy can only be achieved by the cooperative effort of the family and the school.
Guidelines for use of prescribed medication are outlined in a separate Board policy.
Offenses and Disciplinary Action
The actions set forth below will be considered routine disciplinary measures for each category and occurrence of offense and shall be administered in accordance with the policies and regulations of the School Board. By "routine disciplinary measures": it is intended that the penalties delineated below shall be considered the standard penalties to be imposed for the offenses described. In incidents where extreme violations occur, the specified actions may be waived by the school official in favor of stronger measures such as longer suspensions (not to exceed ten (10) days), expulsion or other appropriate measures. Similarly, the school official may, at the hearing, consider matters in mitigation of the routine disciplinary measures.
Selling, distributing or possessing any quantities or intoxicants, illegal drugs, controlled substance or counterfeit controlled substances.
|A.||Parents will be notified immediately and the student will be removed from school for the remainder of the day.|
|B.||An area law enforcement officer shall be notified of the incident and at his/her discretion may conduct an investigation.|
|C.||The student will be suspended for up to ten (10) days and an expulsion hearing may be scheduled.|
Use of or under the influence of intoxicants, illegal drugs, other controlled substances or counterfeit-controlled substances, when such use is prohibited by law or by policies or regulations of the Board of Education.
|1.||The emergency medical squad will be called if necessary.|
|2.||An area law enforcement officer shall be notified of the incident and at his/her discretion conduct an investigation.|
|3.||The student will be suspended from school for up to ten (10) days and an expulsion hearing may be scheduled. If, within that ten (10) day period, the student seeks and receives an evaluation by a Certified Alcoholism Counselor (CAC), the suspension may be shortened. A written copy of the evaluation will be sent to the school officials, including findings and recommendations for the student.|
|4.||The program recommended by the Certified Alcoholism Counselor (CAC) must be satisfactorily completed by the student. If the program is not completed, expulsion proceedings may be started.|
|1.||The emergency medical squad will be called if necessary.|
|2.||An area law enforcement officer shall be notified of the incident and may at his/her discretion conduct an investigation.|
|3.||The student will be suspended for up to ten (10) days and an expulsion hearing may be scheduled.|
Possession of Drug Paraphernalia and/or Instruments
|A.||When students are found in possession of drug paraphernalia and/or instruments, the student will be removed from classes for that day and the parent(s) of the student will be notified immediately.|
|B.||Student will be suspended for up to ten (10) days and a student may be recommended for expulsion.|
CROSS REF.: 5530.01 Drug, Alcohol and Tobacco Education
R.C. 2925.37, 3313.60(E), 3313.661, 3313.662, 3313.752, 3313.95, 3319.012
Public Law 101 - Drug-Free Schools and Communities Act of 1986
20 U.S.C. 3171 et seq.
20 U.S.C. 3224A