DRUG AND ALCOHOL FREE WORKPLACE 2003
- POLICY STATEMENT
It is the policy of the Sevier School District to adopt, implement, maintain, and enforce a drug and alcohol free workplace. The district shall provide for a safe and productive work and educational environment that is free from the effects of possession, use, or distribution of illicit drugs or alcohol.
- PROHIBITED PRACTICES
School district employees are prohibited from possessing, using or distributing any illicit drugs or alcohol on school district premises or at any school district activity or while in any school district vehicle. It is mandatory that all employees abide by this policy. Furthermore, all employees, as a condition of employment, must abide by the terms of this policy.
- PREVENTION POLICY
All employees shall receive information that drug and alcohol use is wrong and harmful. All employees shall receive a copy of this policy. New employees must receive a copy at the time of appointment, or no later than 30 days after appointment.
- POST-ACCIDENT TESTING
Any employee who is in control of a district vehicle which is involved in an accident shall submit to drug and alcohol testing, within two hours if feasible, according to the Post Accident Testing Procedures set forth in Policy 2004 regardless of whether the employee works in the Transportation Department or as a bus driver or is required to hold a CDL. The results of this testing may be used to determine whether the employee is in violation of this policy. If an employee refuses to submit to a drug and alcohol test, such action may be grounds for termination.
- EMPLOYEE SANCTIONS
5.1 Employees must notify the superintendent of any criminal or alcohol statute conviction for a violation occurring on district premises or at the site of any district activity. Notification must be received by the superintendent or designee no later than five days after such conviction. Upon receipt of such actual notification from an employee, the superintendent or designee shall take action described in paragraph 5.4.1, or 5.4.2, below.
5.2 Supervisors and administrators who are aware of a violation of the standards set forth in the Prohibited Practices Section of these policies must take immediate action to correct the violation.
5.3 Employees should not be searched by supervisors or administrators. However, any drugs or alcohol in plain sight may be seized by the supervisor or administrator. The district superintendent or principal may conduct or authorize searches of the employee's workstation, locker and other school district facilities and equipment, and may require the employee to submit to drug testing procedures only if the superintendent or principal has a reasonable suspicion of drug or alcohol possession, use, or distribution by the employee, or if the employee is in control of a district vehicle at the time of an accident.
5.4 If an administrator has a reasonable suspicion expectation that an employee is in possession of, is using or has distributed illicit drugs or alcohol, the administrator should notify local police authorities and the district superintendent or designee. The employee should be suspended without pay pending the outcome of the police investigation. If, after giving the employee the opportunity to respond to the charge of violating this policy, the superintendent or designee determines that the charge is likely to be upheld, the suspension shall be without pay. Any suspension must be preceded, or followed immediately by a written notification to the employee stating the reason and any factual information serving as the basis for the suspension. If, after an investigation, the employee is found not to have violated these rules, the employee shall be reinstated with full back pay.
5.4.1 If the charges are substantiated, the administrator shall choose one of the following options depending on the severity of the violation:
5.4.2 Immediate termination to be initiated consistent with Sevier District policies and, if the employee is a teacher or educator, the Utah Orderly School Termination Procedures Act, UCA, 53G-11-512 and following; or
5.4.3 Referral to a drug or alcohol counseling and rehabilitation program.
5.4.4 If an employee accepts this option the employee shall be granted sick leave, vacation, or leave without pay for inpatient treatment. Continued employment during outpatient treatment will be allowed only at the discretion of the principal and superintendent based on an evaluation of the employee's ability to perform adequately during this time. Employees undergoing rehabilitation must sign a release to allow the transmittal of verbal and/or written progress reports between the District and inpatient/outpatient providers. All such communication shall be classified as confidential information. Employees shall be required to continue any outpatient treatment prescribed by a licensed practitioner on the employee's own time. Employees who fail to complete the prescribed treatment program or who cannot be rehabilitated shall be terminated from employment.
5.4.5 Where the violation occurred while in control of a district vehicle the employee shall also lose the privilege of driving a district vehicle. If the ability to drive a vehicle for the district is an essential part of the employee’s duties, this may also result in termination of the employee.
6.1 Reasonable suspicion. This means a suspicion with a particular and objective basis, supported by articulable facts.It is more than a "hunch" or feeling. It requires at least some factual information.
6.2 Workplace. The school district premises or site of any school district or school activity or any district vehicle.