406.00 Substance-Free Workplace
The District’s employees are to remain substance free. other controlled substance or alcoholic beverage as defined by federal or state law. The unlawful manufacture, distribution, dispensing, possession, use, sale, transfer, purchase, or being under the influence of alcohol, drugs, and/or other intoxicants as defined by federal and/or state law by employees at any time while on District property, in the workplace, or while on District business is prohibited. Drugs prescribed by a licensed physician for a specific individual may be possessed and used as directed by that individual as long as the drug does not impair the individual or the individual’s ability to perform his or her job safely.
For the purposes of this policy these terms are defined as follows:
Alcohol – The intoxicating agent in beverages- ethanol, isopropanol, methanol or other low molecular weight alcohols.
Drugs – A substance considered a controlled substance and included in schedule I, II, III, IV or V under the federal Controlled Substances Acts and their implementing regulations as well as any substances prohibited by federal and state statute.
Over-the-Counter drugs (OTC) – An employee may bring to work and take an over-the-counter drug during work hours only if the drug is used for its intended purposes and in accordance with package directions and any supplemental directions of the employee’s physician. All over-the- counter drugs should be kept in the original container (including the box which may contain the appropriate warnings in which they were received).
Workplace – Any school building, any district premises, any district-owned vehicle or approved vehicle used to transport staff members, students or students’ family members to and from school or school sponsored or approved activities, events or functions where students or staff members are under the jurisdiction of the district. In addition, the workplace shall include all property owned, leased or used by the district for any educational or district purpose. A “workplace” also includes non-District property if the employee is at any District-sponsored, District-approved or District-related activity, event or function, such as field trips or athletic events where students are under the control of the District and/or where the employee is engaged in District business.
An employee must notify the employer of any arrests, charges, or disposition of charges pursuant to Board Policy 400.57 Notification of Arrest, Criminal Charges or Child Abuse Complaints.
The Superintendent/designee will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee. An employee who violates the terms of this policy may be subject to discipline up to and including termination. If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.
The Superintendent/designee is responsible for publication and dissemination of this policy to each employee. In addition, the Superintendent/designee will oversee the establishment of a substance- free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.
It is the responsibility of the Superintendent/designee to develop administrative regulations to implement this policy.
41 U.S.C. §§ 701-707
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt.85
Iowa Code §§ 123.46; 124; 279.8
400.15 Employee Conduct and Appearance
400.57 Notification of Arrest, Criminal Charges, or Child Abuse Complaints
January 18, 2010
May 18, 2015
September 21, 2020
September 21, 2020
R.R. 1 406.00
Substance Free Workplace
A Superintendent/designee who suspects an employee violated the Substance Free Workplace policy shall follow these procedures:
1. Identification –The Superintendent/designee shall document the evidence the Superintendent/designee has which led the Superintendent/designee to conclude the employee has violated the Substance-Free Workplace policy. After the Superintendent/designee has determined there has been a violation of the Substance-Free Workplace policy, the Superintendent/designee shall discuss the violation with the employee.
Disciplinary – If, after discussion with the employee, the Superintendent/designee determines there has been a violation of the Substance-Free Workplace policy, the Superintendent/designee shall commence disciplinary action. The Superintendent/designee may determine whether to make a mandatory referral to a substance abuse program.