The board has an obligation to staff, students and citizens to take reasonable steps to assure safety in the workplace and to provide safety and high quality performance for the students that the staff serves.
“Workplace” is defined to mean the site for the performance of work done, which includes work done in connection with a federal grant. That includes any school building or any school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district which could also include work on a federal grant.
For these purposes, the board declares that the following behaviors will not be tolerated:
A. Reporting to work with any detectible amount of alcohol, illegal and/or controlled substances including marijuana (cannabis). This includes any drugs or substances that are illegal under state and/or federal laws.
B. Using, possessing, transmitting alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, in any amount or in any manner on district property at any time or when involved in a school district activity on or off school district property. Any staff member convicted of a felony attributable to the use, possession, or sale of illegal and/or controlled substances including marijuana (cannabis) will be subject to disciplinary action, including immediate termination. This includes any drugs or substances that are illegal under state and/or federal laws.
C. Using district property or the staff member's position within the district to make or traffic alcohol, illegal and/or controlled substances. This includes any drugs or substances that are illegal under state and/or federal laws.
D. Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis). This includes any drugs or substances that are illegal under state and/or federal laws.
Any staff member who is taking a drug or medication, whether or not prescribed by the staff member's physician, which may adversely affect that staff member's ability to perform work in a safe or productive manner, is required to report such use of medication to his or her supervisor. This includes drugs which are known or advertised as possibly affecting judgment, coordination, or any of the senses, including those which may cause drowsiness or dizziness. The supervisor, in conjunction with the district office, then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.
As a condition of employment, each employee will notify his or her supervisor of a conviction under any criminal drug statute violation occurring in the workplace as defined above. Such notification will be provided no later than 5 days after such conviction. The district will inform the federal granting agency within ten days of such conviction, regardless of the source of the information.
Each employee will be notified of the district's policy and procedures regarding employee drug activity at work. Any staff member who violates any aspect of this policy may be subject to disciplinary action, which may include immediate discharge. As a condition of eligibility for reinstatement, an employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the board, at the employee's expense. Nothing in this policy will be construed to guarantee reinstatement of any employee who violates this policy, nor does the school district incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.
The district may notify law enforcement agencies regarding a staff member’s violation of this policy at the district's discretion or take other actions as the district deems appropriate.
Cross References: Policy 4215 Use of Tobacco and Nicotine Substances on School Property
Policy 5203 Staff Assistance Program
Policy 5280 Termination of Employment
Legal References: RCW 69.50.435 Violations committed in or on certain public places or facilities —Additional penalty — Defenses — Construction — Definitions
U.S.C. § 812 Controlled
20 U.S.C §§ 7101-7118 Safe and Drug-Free Schools and Communities Act
41 U.S.C. § 8103 Drug Free Workplace Requirements for Federal Grant Recipients
Policy & Legal News, February 2013 Policy Revisions
Policy News, December 2011 Changes in WSSDA's Policy Reference Manual
Policy News, February 1999 Bus drivers still tested for marijuana
Adoption Date: 10-28-13
St. John – Endicott Cooperative Schools