GBCBA - Alcohol/Controlled Substance Use
Orig. Code(s): GBCBA
Alcohol/Controlled Substance Use
1. Being under the influence or unlawfully using, possessing, purchasing, distributing, dispensing or manufacturing alcohol and/or any controlled substances or unlawful drugs, as defined by law, while on district property, in district-owned or district-approved vehicles, at district-sponsored or district-approved activities or events or otherwise engaged in district business;
2. Reporting to work or attending school, school functions or other activities while under the influence of alcohol or drugs. An individual shall be considered to be “under the influence” when, in the district’s determination, the controlled substance impairs the individual’s ability to safely and efficiently function (i.e., perform assigned work, engage in learning and acceptable behavior, provide a positive role model) or brings discredit to the district.
If the district has reasonable grounds to believe that an employee is under the influence of intoxicants, including alcohol or any controlled substance, the district may require the employee submit to immediate testing by trained medical personnel. Refusal to submit immediately to such tests may result in disciplinary action, up to and including dismissal. “Reasonable grounds” may include, but are not limited to, such things as slurred speech, dilated pupils, peculiar odors and unsteady balance.
The district reserves the right, with prior notice and reasonable suspicion, to conduct searches of district property, vehicles or equipment at any time. A refusal to submit to a search may result in disciplinary action, up to and including dismissal.
The administration will develop appropriate regulations, procedures, consent forms and such notifications as are needed for an orderly implementation of this policy.
END OF POLICY
ORS Chapter 475
OAR 839-006-0200 to -0265
Controlled Substances Act, 21 U.S.C. § 812 (2012); Schedules of Controlled Substances, 21 C.F.R. §§ 1308.11-1308.15 (2016).
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2012); 29 C.F.R. Part 1630 (2016); 28 C.F.R. Part 35 (2016).
Americans with Disabilities Act Amendments Act of 2008.
GBEC - Drug-Free Workplace
Orig. Code(s): GBCBA-AR
As a condition of employment, each employee shall abide by the terms of Board policy GBCBA and shall notify the superintendent or designee of conviction for any offense involving alcohol or other drugs no later than five calendar days after such conviction.
Any employee reporting for work under the influence of alcohol and/or drugs shall be subject to immediate district action. The principal/supervisor shall first notify the responsible administrator in the human resources division of the situation. After this contact has been made, an immediate and private interview will be held between the employee and his/her supervisor. If, in the supervisor’s determination, the substance use impairs the ability of the individual to safely and efficiently perform assigned work, prevents the employee from presenting a positive role model to students or brings discredit on the district, the supervisor shall suspend the employee for the balance of the day and send the employee home or to a medical facility for testing using a taxi or other safe transportation alternative. An impaired employee should not be allowed to drive.
Prescription drugs prescribed by the employee’s physician may be taken during work hours. The employee will notify the supervisor if the use of properly prescribed prescription drugs will affect the employee’s work performance. Abuse of prescription drugs will not be tolerated and will be treated as illicit use of drugs.
The supervisor may suggest that the employee voluntarily seek help from the district’s Employee Assistance Program (EAP) or appropriate assistance or decide that the severity of the observed problem is such that an involuntary referral to the EAP should be made.
The supervisor, after consultation with the responsible administrator from the human resources division, may initiate disciplinary action for violations of Board policy regarding alcohol and drug use. Disciplinary sanctions may range from reprimand, suspension, requirement that the employee satisfactorily complete an appropriate substance abuse assistance or rehabilitation program to non-renewal or termination. Employees may also be referred to law enforcement authorities for prosecution under applicable laws.
Education and Communication Strategies
The Human Resources Department will assure employment recruitment announcement and application materials reflect district policy, stating that adherence to the policy is a condition of employment.
The Human Resources Department will prepare an annual notice to all employees concerning the efforts of the district to maintain a drug-free workplace, prohibited activities under district policy and disciplinary measures the district may pursue — from reprimand, requirement that the employee satisfactorily complete an appropriate substance abuse assistance or rehabilitation program, suspension or non-renewal, up to termination and referral for prosecution.
It is within the discretion of the district to search district property and equipment for evidence of violation of the policy or these administrative rules.
The district may require pre-employment alcohol and drug testing.
Through implementation of this policy, the district will strive in good faith to maintain a drug-free workplace and to fulfill the district’s role in educating employees, students and the community concerning the dangers and consequences of alcohol and drug abuse.