| Upper Arlington City School District |
| Bylaws & Policies |
3170 - SUBSTANCE ABUSE
The Board of Education recognizes alcoholism and drug abuse as treatable illnesses. Such illnesses may impair the performance of professional staff members. When appropriate, the Board may assist such employees in a manner recommended by appropriate specialists in the treatment of those illnesses.
A professional staff member having an illness or other problem relating to the use of alcohol or other drugs including, controlled substances, medications not prescribed by the employee’s physician, or medications not taken as prescribed, will receive the same careful consideration and offer of assistance that is presently extended to professional staff members having any other illness.
The responsibility to correct unsatisfactory job performance, attendance or behavioral problems resulting from a suspected health problem rests with the professional staff member. Additionally, regardless of whether a professional staff member has an illness or other problem relating to the use of alcohol or other drugs it remains the responsibility of the professional staff member to report to work and perform his/her duties in a fit and appropriate condition at all times. Being under the influence of alcohol or other drugs while on duty, on school property, or at a school related activity/event is not acceptable. Failure to correct unsatisfactory job performance, attendance or behavior and/or working or reporting to work under the influence of alcohol or other drugs will result in appropriate corrective or disciplinary action as determined by the Board, up to and including termination.
If a professional staff member sustains a workplace injury while s/he is under the influence of alcohol or a controlled substance not prescribed by his/her physician, s/he may be disqualified for compensation and benefits under the Workers Compensation Act. If the professional staff member tests positive or refuses to submit to a test for alcohol and/or other drugs after sustaining a workplace injury, the employee may dispute or prove untrue the presumption or belief that alcohol and/or other drugs are the proximate cause of the injury (i.e., rebuttable presumption). The Board directs the Superintendent to establish guidelines and post a notice advising employees that the results of, or the employees refusal to submit to an alcohol or other drug test may affect an employee’s right to receive workers’ compensation benefits.
No professional staff member will have his/her job security or promotion opportunities jeopardized by his/her voluntary request for counseling or referral assistance.
Professional staff members who suspect they may have an alcohol or other drug abuse problem are encouraged to seek counseling and information on a confidential basis by contacting resources available for such service.
| A. | Staff Reporting of Student Incidents |
| 1. | Whenever staff members are fulfilling employment obligations (under either a regular or supplemental contracts or otherwise) and they obtain direct or substantive knowledge of incidents involving students who may be violating the Student Rights and Responsibilities policies relative to alcohol and illicit drug use, they shall report such incidents to the Administration. | ||
| 2. | Whenever staff members are not fulfilling contractual or other employment obligations and they obtain direct knowledge of incidents involving students who may be violating the Student Rights and Responsibilities policies relative to alcohol and illicit drug use, they should report such incidents either to the administration or to the individual student’s guidance counselor, or to a member of the Intervention Assistance Team. | ||
| 3. | Whenever staff members obtain indirect knowledge of incidents involving students who may be violating the Student Rights and Responsibilities policies relative to alcohol and illicit drug use and they make a professional judgment that the knowledge is substantive, they should report such incidents either to the administration or to the individual student’s guidance counselor, or to a member of the Intervention Assistance Team. |
| B. | Staff Reporting of Criminal Drug Statute Convictions | |
| Any staff member convicted of any criminal drug statute violation occurring in the work place shall as a condition of employment report such conviction to the Executive Director for Personnel Services no later than five (5) days after such conviction. The Executive Director shall within ten (10) days notify of such conviction any Federal contracting or granting agency providing a contract or grant pursuant to which the staff member is directly engaged in the performance of work, and within thirty (30) days a sanction will be imposed upon such staff member per division (D-violations) below or the employee will be required to participate satisfactorily in an approved drug abuse assistance or rehabilitation program. | ||
| C. | Alcohol Prohibitions |
| 1. | Whenever staff members are fulfilling employment obligations (under either a regular or supplemental contract), they shall not use, possess, or distribute alcohol, or physically or otherwise manifest the use of alcohol. The scheduled lunch period is considered to be part of a staff member’s employment day. | ||
| 2. | Whenever staff members are in school-owned or school provided transportation, they shall not use, possess, or distribute alcohol, or physically or otherwise manifest the use of alcohol. | ||
| 3. | Whenever staff members are not on duty but are on school property or at school-sponsored activities, they shall not use, possess, or distribute alcohol. |
| D. | Controlled Substances Prohibitions | |
| Staff members shall not unlawfully manufacture, distribute, dispense, use, possess, provide, or sell a controlled substance, or physically or otherwise manifest the use of same or otherwise engage in illicit drug use, on school property, including but not limited to school-owned vehicles; in school-provided vehicles; or at school-sponsored activities. | ||
| E. | Violations | |
| Compliance with sections A.1., B, C, and D of this policy is mandatory and all staff members shall abide by all provisions of such sections as a condition of employment, provided that, notwithstanding any other provision of this section D, when staff members are on approved leaves of absence, they shall not be subject to Sections A and B of this policy. Staff members who violate any provision of such sections shall be subject to appropriate discipline, up to and including termination as determined by the Administration and Board of Education and in accordance with any applicable law or provision of the collective bargaining agreement, and to referral for prosecution insofar as there is cause to believe that any such violation constitutes a criminal offense under Federal, State, or local law. | ||
| F. | Policy Distribution to Staff Members | |
| A copy of this policy shall be given to each staff member. | ||
| G. | Definitions | |
| As used herein: |
| 1. | "Illicit Drug Use" means the use of illegal drugs and the abuse of alcohol and other drugs, including mind-altering and build-altering chemicals. | ||
| 2. | "Controlled Substances" means those in Schedules I through V of the Federal Controlled Substances Act (21 U.S.C. 812) and as further defined at 21 CFR 1308.11 through 1308.15. |
R.C. 2925.01 et seq., 3313.60, 3719.01 et seq., 3793.02, 4123. 54
Rehabilitation Act of 1973, 29 U.S.C. 794, 41 U.S.C. 701 et seq.
Revised 12/10/07