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| Bylaws & Policies |
4122.01 - DRUG-FREE WORKPLACE
Purpose
The Board of Education believes that quality education is not possible in an environment affected by illegal drug use and/or abuse of alcoholic beverages. The Board has establish and maintain a drug/alcohol-free educational setting in full compliance with Federal, State, and local laws, including the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act.
Employee Assistance Program
Recognizing that chemical dependency is a treatable illness which should be dealt with by treatment and education, it is the Board's policy to prevent chemical dependency and/or offer rehabilitation, rather than to merely discipline employees for substance abuse related problems. To that end, the Board and the Association have formed an Employee Assistance Committee consisting of at least one representative from management, the SEA bargaining unit, the SCEA bargaining unit, and that group of employees not represented by either SEA or SCEA, to monitor the Employee Assistance Program which is available to all Board employees and their dependents.
The Board will work with an employee desiring chemical dependency rehabilitation assistance on a voluntary basis. Applicable group health plan coverages, sick leave benefits and leaves of absence policies are available to assist employees who seek rehabilitation. Voluntary rehabilitation and/or inquiries concerning rehabilitation will not be used as evidence of a violation of any Board policy.
Where rehabilitation is offered by the Board in lieu of discipline, such rehabilitation, if elected, is considered involuntary. Involuntary rehabilitation shall be available only one (1) time during an employee's tenure of employment with the Board, and shall not be available to any employee in lieu of termination for operating any motor vehicle on Board business under the influence of alcoholic beverages, or while currently using illegal drugs.
Prohibited Conduct
The unlawful manufacture, distribution, dispensation, possession, use, or being under the influence of alcoholic beverages and/or controlled substances (illegal drugs) by any employee, during working hours, on Board premises, or at any activity or function sponsored by or related to employment with the Board, is prohibited. "Premises" includes vehicles owned by, or being driven on behalf of the Springboro Community City School District, as well as parking lots, playgrounds, and other property owned by Springboro Community City Schools. "Controlled substance" refers to drugs subject to Federal or State regulation, making their manufacture, dispensation, distribution, possession, or use a crime, this includes but is not limited to Cannabis, Cocaine, Amphetamines, Barbiturates, and Heroine. Medications used as prescribed by a treating physician or dentist are excluded.
Drug-Related Criminal Conviction
Employees convicted (including a guilty or no contest plea) of violating any Federal, State, or local criminal drug law, where the violation occurred during work hours, or on Board premises, must report the conviction to the Superintendent within five (5) business days of a conviction. Where said criminal offense is a minor misdemeanor, the employee shall be referred for involuntary rehabilitation in lieu of a five (5) day suspension without pay. Failure to participate in rehabilitation or a subsequent conviction for minor misdemeanors will result in discipline, up to and including termination, in accordance with contractual and statutory provisions. Failure to report the conviction(s) will result in termination.
Penalties
Violations of the Board's Drug/Alcohol Free Schools Policy will result in discipline up to and including termination in accordance with contractual and/or statutory provisions.
Drug-Free Awareness Program
The Employee Assistance Program referenced in this section will include educational opportunities for employees to obtain information on the dangers of substance abuse and resources available for chemical dependency and rehabilitation. In the meantime, information on drug and alcohol counseling, rehabilitation sources, and reentry programs, and benefits available to employees in dealing with substance abuse problems will be maintained in the District.
Drug Testing
Nothing in this section shall be interpreted as requiring an employee to submit to urinalysis tests for controlled substances; however, it is understood that the Board may require such tests to the extent testing is required by Federal or State law. In the event such testing is required, the parties will meet and confer regarding the facility or facilities to be used to perform such tests.
Confidentiality
Information provided to administrative personnel concerning medical problems related to substance abuse or chemical dependency of an employee shall be considered part of the employee's medical record, and shall be treated as confidential. However, performance problems, attendance or rules violations will be documented, reported or otherwise treated as ordinary personnel information even if related to substance abuse or chemical dependency.
Chemically dependent employees are urged to seek help before their dependence causes problems with their jobs.
Notification
At the beginning of each school year, all employees will receive a copy of the Drug/Alcohol policy which includes the disciplinary sanctions and a description of the Employee Assistance Program. The annual review of this section of Board policy will emphasize that compliance is mandatory.
41 U.S.C. 701 et seq., Drug-Free Workplace Act of 1988
20 U.S.C. 3224A
Adopted 5/14/91
Revised 6/8/93
Revised 12/21/99