FILE:  GAMD

 

DRUG-FREE WORKPLACE

 

 

The DeSoto Parish School Board is dedicated to eradicating alcohol and drug abuse by its employees and its students and maintaining drug-free schools and workplaces.  National policy, as reflected by the enactment of the Drug­-Free Workplace Act of 1988 (Pub.L. 101-690), the Drug-Free Schools and Communities Act Amendments of 1989 (Pub.L. 101-226), and State policy as reflected by the Comprehensive Action Against Alcohol, Drugs and Substance Abuse in Schools Act of 1989 and other laws, also make the elimination of drugs a priority.  This statement of policy serves to promote this goal and to comply with applicable statutes and regulations.

 

DEFINITION OF DRUG:

 

For the purpose of this policy, the term drug shall include any illicit drug, controlled substance, counterfeit substance, look-alike substance, cannabis, depressant; hallucinogen, immediate precursor, isomer, marijuana, narcotic, opiate, stimulant, anabolic steroid or any other controlled substance or unlawful drug identified by federal or state law including but not necessarily limited to the Controlled Substances Act (21 USC 812), the Louisiana Uniform Controlled Dangerous Substances Law (La. Rev. Stat. Ann. §§40:961 to 40:995), the Drug-Free Workplace Act, the Drug-Free Schools and Communities Act Amendments and the Louisiana Comprehensive Action Against Alcohol, Drugs and Substance Abuse in Schools Act.

 

DEFINITION OF ALCOHOL

 

For the purposes of this policy, the term alcohol shall include any fluid or any solid capable of being converted into fluid, suitable for human consump­tion, and containing more than one-half of one percent alcohol by volume, including but not limited to malt, venous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout fruit juices, cider, or wine.

 

PROHIBITIONS AND MANDATORY STANDARDS:

 

No DeSoto Parish School Board employee or student shall possess, manufacture, use or distribute any drug or alcohol, or be under the influence of alcohol or a drug while:

 

  1. On any property owned, leased or used by the DeSoto Parish School Board, any of its schools, or any of its programs;

  2. At any DeSoto Parish School Board or a school sponsored or supervised activity;

  3. In any DeSoto Parish School Board owned, used or leased vehicle including any school bus;

  4. In or at any employee workplace; or

  5. In any drug-free zone.

 

EXCEPTIONS:

 

This policy is not intended to prevent possession of a drug consistent with other DeSoto Parish School Board policy, if any, which was obtained directly, or pursuant to a valid prescription or order from a physician, dentist, or other person duly licensed, registered or as otherwise permitted under federal or state law for distribution or dispensing in the course of professional practice.

 

OTHER STANDARDS:

 

Where other standards of conduct are imposed regarding alcohol or drugs in addition to those prescribed in this policy, the most restrictive shall apply.

 

DRUG-FREE WORKPLACE:

 

  1. The DeSoto Parish School Board and all of its employees shall make a good faith effort to continue to maintain a drug-free workplace by observing and maintaining the prohibitions and mandatory standards concerning drugs stated above.

  2. Conditions of Employment

    As a condition of employment for work done in connection with any direct federal grant including those persons performing support or overhead functions, each employee shall:

 

  1. Abide by the terms of this policy, including, specifically, the prohibitions stated in Section 4 concerning drugs and maintaining a drug-free workplace; and

  2. Notify the Superintendent, in writing, of his or her conviction for a violation of a Federal or State criminal drug statute occurring in a DeSoto Parish School Board workplace no later than five (5) calendar days after such a conviction.

 

  1. Sanctions

    When an employee violates the terms of this policy or is convicted of violating a criminal drug statute for an offense occurring in the workplace, the employee shall be subject to sanctions, consistent with law and policy, which will include:

 

  1. Appropriate personnel action against the employee up to and in­cluding termination consistent with the requirements of law; or

  2. Requiring that such employee satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such pur­pose by a federal, state or local health, law enforcement or other appropriate agency and which is acceptable to the Superin­tendent.

 

  1. Without limiting the scope of employee sanctions, it is specifically stated that a violation of this policy shall constitute cause for dismissal.

  2. Implementation of Policy and Programs

    The Superintendent is authorized and empowered to take such action or actions as may be necessary to give effect to this School Board policy and to comply with the terms of the Drug-Free Workplace Act of 1988 and its implementing regulations.

 

  1. Drug-Free Awareness Program

    To educate and assist employees in understanding this policy and the goals of achieving a drug-free work­place, the Superintendent shall take the following actions and such others as may appear appropriate:

 

  1. Provide to those currently employed and all other employees upon being employed a copy of this policy or a statement outlining the terms of this policy.  An appropriate statement may be included in any employment manual or otherwise disseminated.

  2. Undertake a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations.

  3. Notify any federal granting agency required to be notified under the Drug-Free Workplace Act of 1988 within ten (10) days after receiving notice of the conviction from an employee or otherwise upon receiving actual notice of such conviction.  To facilitate the giving of notice, any employee aware of such conviction shall report the same to the Superintendent of Schools.

 

DRUG-FREE SCHOOLS AND COMMUNITIES:

 

  1. Standards of Conduct

    All employees of the DeSoto Parish School Board and all students enrolled or attending any DeSoto Parish School Board school or program shall strictly follow and comply with the prohibitions and mandatory standards set forth above for both drugs and alcohol.  Simply stated, no drugs or alcohol shall be allowed or permitted on or within DeSoto Parish School Board property.

  2. Sanctions

    Any employee or any student who violates the standards of conduct shall be subject to sanctions, consistent with law and policy, which may include expulsion of a student or termination of employment of an employee and referral for prosecution in either instance.

  3. Review

    The administration may conduct a biennial review of its Drug and Alcohol Abuse Prevention Programs or more often as may be required by law or regulation.  Any review is to determine the effectiveness of any program, ensure that the disciplinary sanctions are consistently enforced and recommend changes to implement as may be appropriate.

  4. Certification

    The Superintendent for, and on behalf of, the DeSoto Parish School Board shall complete and file from time-to-time such certification of compliance as may be required by the Drug-Free Schools and Communities Act Amendments.

  5. Implementation of Policies and Programs

 

  1. In General:  

    The Superintendent of Schools is authorized and empowered to take such action or actions as may be necessary to give effect to this policy and to comply with the terms of the Drug-Free Schools and Communities Act Amendments and the implementing regulations.

  2. Drug and Alcohol Abuse Prevention Program:  

    In order to educate and assist employees, students, parents and others in understanding the prohibitions and standards stated in above, this policy, and the goal of achieving drug-free schools and communities, the Superintendent of Schools shall take the following actions and such others as may appear appropriate: implement a program to prevent the use of illicit drugs and alcohol by including age­-appropriate, developmentally based drug and alcohol education and prevention programs for students in all grades from early child­hood level through grade 12; provide a statement to students that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful; distribute to the students, parents and employees a copy of this policy or a copy of the standards of conduct and sanctions to be imposed for the unlawful possession, use of, distribution of illicit drugs and alcohol by students and employees on any DeSoto Parish School Board premises or at any of its activities; information about any available drug and alcohol counseling or rehabilitation and reentry programs available to students and employees in the community; and to notify students, parents and employees that the standards of conduct prohibiting the possession, use or distribution of illicit drugs and/or alcohol on school premises or at school activities are mandatory.

  3. Records:

    The Superintendent will maintain records of all drug and alcohol related disciplinary actions initiated, considered or taken with respect to employees or students with and enhance the DeSoto Parish School Board's efforts to ensure drug-­free schools and workplaces.  The Superintendent of Schools shall provide an annual report to the DeSoto Parish School Board regarding the implementation of this policy and recommendations for changes and improvements in programs already undertaken.

 

COMPREHENSIVE ACTION AGAINST ALCOHOL, DRUGS AND SUBSTANCE ABUSE IN SCHOOLS ACT:

 

  1. The Superintendent is authorized and empowered to take such action or actions as may be necessary to effect and comply with the requirements of the Comprehensive Action Against Alcohol, Drugs and Substance Abuse in Schools Act to include the appropriate programs for prevention, education, information and counseling as approved by the Board of Elementary and Secondary Education (BESE).

  2. Drug-Free Zone notices:  

    The Superintendent shall seek imple­mentation of the provisions of the Act to provide for the displaying of the Drug-Free Zone signs and other provisions of the act.

 

EMPLOYEE VIOLATIONS:

 

The manufacturing, distribution, dispensing, possession or use of a controlled substance by employees is prohibited in any workplace operated by the system or in any other location.  Violation of such prohibition will result in disciplinary action as specified hereafter.  Upon official charge of a violation by an employee with regard to manufacturing, distribution, dispensing, possession or use of a controlled substance, the Superintendent shall immediately conduct a complete investigation into the matter.  During this investigation, the employee shall be suspended with pay.  If the investigation determines that the employee is guilty of the charge, the Superintendent shall recommend termination or other appropriate disciplinary action against the employee and shall suspend him/her without pay pending Board action on such recommendation.  Nothing in this policy shall be construed to deny any employee the right to due process under the law.

 

Approved:  December, 2003

 

 

Ref:    20 USC 7101 et seq. (Safe and Drug-Free Schools and Communities)

21 USC 812 (Schedules of Controlled Substances)

41 USC 8101 et seq. (Drug Free Workplace)

La. Rev. Stat. Ann. §§17:240, 17:402, 17:403, 17:404, 17:405, 40:961, 40:963, 40:964, 40:967, 40:969, 40:970, 40:971

Board minutes, 12-5-91

 

DeSoto Parish School Board