Cape May Special Services
Board of Education
Section: Teaching Staff Members
3218. SUBSTANCE ABUSE (M)
Date Created: January, 2007
Date Edited: January, 2007
3218- SUBSTANCE ABUSE (M)
M
The school district recognizes alcohol and other drug dependency as an illness and a major health/behavior problem. The school district also recognizes alcohol and drug misuse/abuse as a potential health, safety, and security problem. Employees needing help in dealing with such a problem may use professional counselors of their own choosing, disability plans and health coverage plans as appropriate. Conscientious efforts to seek and use such help will not jeopardize an employee’s job.
At the same time, the school district is also concerned about the potential for adverse effects of alcohol or other drug use on district programs and the pupils enrolled. Employees are expected and required to report to work on time and in the appropriate mental and physical condition for work. It is the intent of this policy to provide a drug-free, healthy, safe and secure work environment.
For the purposes of this policy “worksite” shall include any school building, or any school premises and any school-owned vehicles or any other school-approved vehicle used to transport pupils to and from school or school activities. Worksite also includes off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event, where pupils are under the jurisdiction of the school district.
The use of alcoholic beverages in school worksites is prohibited. Violations of this prohibition may subject an employee to disciplinary action which may include but is not limited to nonrenewal, suspension, or termination at the discretion of the Board.
The unlawful manufacture, distribution, dispensing, possession of, use of or sale of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance on or in school worksites is prohibited except for physician directed use of drugs as prescribed. Any violation may subject an employee to participation in a drug rehabilitation program and disciplinary action including but not limited to nonrenewal, suspension, or termination at the discretion of the Board of Education.
The Board of Education, as a result of criminal convictions of any criminal drug statute violation by an employee occurring outside of the worksite, may discipline said employee. Disciplinary action may include, but is not limited to nonrenewal, suspension, or termination at the discretion of the Board.
Illegal gambling is prohibited in the school worksite.
Work Performance in Connection with a Federal Grant
In order for the school district to qualify for any direct federal grant, the district must certify that it will provide a drug-free workplace and maintain a good faith effort to continue to maintain a drug-free workplace. To this end, employees engaged in school worksites as a result of federal grant moneys shall in addition to complying with requirements of the programs shall also be in strict compliance with this policy.
The School Business Administrator/Board Secretary shall notify all employees whose work performance is done in connection with a federal grant that they are to notify their respective supervisors of convictions of any criminal drug statute violation occurring in the workplace. Employees must notify their supervisors no later than five days after such conviction. To be in compliance, the district must notify the federal grant program of such conviction within ten days receipt of said conviction.
Employees whose responsibilities include safety-sensitive duties will undergo the following alcohol and drug testing:
• Post-accident alcohol and drug testing conducted after accidents on employees who are involved in the accident.
• Reasonable suspicion alcohol and drug testing conducted when a trained supervisor observes behavior or appearance that is characteristic of alcohol and/or drug misuse.
• Random alcohol and drug testing conducted on a random unannounced basis just before, during or just after performance of safety-sensitive functions.
• Return-to-duty and Follow-up alcohol and drug testing conducted when an individual who has violated the prohibited alcohol and drug conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least six tests must be conducted in the first twelve months after an employee returns to duty. Follow-up testing may be extended for up to sixty months following return to duty.
Employee drug testing results and records are maintained under strict confidentiality by the employer, the drug testing laboratory, and the medical review officer. They cannot be released to others without the written consent of the employee. Exceptions to these confidentiality provisions are limited to Department of Transportation agencies when license or certification actions are required or to a decision maker in arbitration, litigation or administrative proceedings arising from a positive drug test.
N.J.S.A. 2C:33-15 et seq.
N.J.S.A. 24:21-2 et seq.
42 C.F.R. II
34 CFR 85.600 et seq.
20 U.S.C. 1145g, 3224a
41 U.S.C.A. 701 et seq.
Adopted: 16 January 2007
Copyright 2007 Strauss Esmay Associates, LLP
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