Administrative Rules and Procedures to Implement Policy 404.06

Substance Free Workplace Rule

This rule prohibits the unlawful possession, use, or distribution of alcohol, the possession, use, or distribution of illegal drugs, or the misuse of prescription drugs by employees while the employees are on school district property or at a school district-sponsored student event, or at any activity in which the district or other school districts participate and students are present.

The rule applies to all employees of the school district, certificated and non-certificated, tenured and non-tenured. Any violation of the rule can result in the disciplinary action set forth in this rule.

The rule applies to the manufacture, distribution, delivery, or possession of illegal drugs or illegal drug paraphernalia, or the use of illegal drugs, “look-alike” drugs and drug paraphernalia, or alcohol.

The following are the definitions for application of this Rule:

1. Illegal Drugs – (1) controlled substances as defined in Neb. Rev. Stat. sections 28-401, 28-405 (Cum. Supp. 1988), and 28-419 (Reissue 1985) including but not limited to “uppers”, “downers”, barbiturates, marijuana, amphetamines, LSD, heroin, hashish, hallucinogenics or cocaine, and any metabolite or conjugated form thereof, (2) substances such as glue, to the extent any such substance is used for the purpose of mood or behavior alteration, and (3) any substance which alters the mood or behavior and which is not taken for medical purposes under a prescription by a licensed physician.

2. Alcohol – any substance subject to the jurisdiction of the Nebraska Liquor Control Commission and those beverages and alcoholic liquors defined in Neb. Rev. Stat. section 53-103 (Supp. 1989).

3. Distribution – any delivery, sale, transfer, handling, transmitting, administering, giving, or otherwise making available, alcohol, drugs, illegal drugs, look-alike drugs or drug paraphernalia unless required of the employee in the performance of his or her official duties as an employee of the district or unless so lawfully ordered by a licensed physician.

4. Drug Paraphernalia – all equipment, products, and materials of any kind which are used, intended for use, or designed to use, in manufacturing, injecting, ingesting, inhaling, or otherwise introducing drugs into the human body.

5. “Look-alike” Drugs – any substance that is not a drug under this Rule, but which, by the appearance (color, shape, size, markings, etc.) would lead a reasonable person to believe that the substance is an illegal drug.

6. Employee Assistance Programs – consist of any drug and alcohol counseling and rehabilitation and reentry program available to employees either by or through the District or through any organization.

Standards of Conduct – Prohibitions

A. Drugs

Employees of the Elkhorn School District shall not:

1. Be present on school district property, at any school district activities or report to work under the influence of any illegal drug.

2. Manufacture or distribute any illegal drug, look-alike drug, or drug paraphernalia while on district property, at a district-sponsored student event, or at an activity in which the district or other school districts participate and students are present.

3. Use or possess any illegal drugs, look-alike drugs, or drug paraphernalia while on property of the Elkhorn School District or at any activities of the Elkhorn School District.

4. An employee shall be deemed in possession of illegal drugs, look-alike drugs, or drug paraphernalia if the employee has illegal drugs, look-alike drugs, or drug paraphernalia on his or her person or under his or her control.

5. No employee shall take any medication, whether prescribed or non- prescribed, which may interfere with the safe and/or effective performance of his or her duties without advising his or her supervisor before beginning work of the intention to take and the taking of the medication. Use or possession of medically prescribed drugs or medications pursuant to the prescription by a licensed physician is not a violation of this policy; provided, however, that the use or taking of any medically prescribed drugs not in accordance with the prescription by a licensed physician is a violation of this policy.

Disciplinary Sanctions

Any employee violating any of the Standards of Conduct shall be subject to any or all of the following disciplinary sanctions:

1. A reprimand, either written or oral.

2. Suspension without pay.

3. Referral to an Employee Assistance Program.

4. Termination of employment or non-renewal of contract.

The imposition of the Disciplinary Sanctions shall be consistent with local, state, and federal law and the school district may refer violations of Standards of Conduct to civil authorities for prosecution.

All Disciplinary Sanctions shall be administered to provide for due process in procedures imposing Disciplinary Sanctions.

Standards of Conduct

B. Alcohol

Employees of the Elkhorn School District shall not:

1. Be present on school district property or any school district activities or report to work while under the influence of alcohol or being in a condition of evidencing or giving the appearance of use of alcohol.

2. Use or possess alcohol or beverages which contain alcohol while on district property, at a district-sponsored student event, or at an activity in which the District or other school districts participate and students are present.

3. Distribute alcohol or beverages containing alcohol to students of the Elkhorn school district while either on district property, at a district-sponsored student activity, or an activity in which the district or other school districts participate and students are present.

4. The employee shall be deemed in possession of alcohol or alcoholic beverages if the employee has alcohol or alcoholic beverages on his or her person or under his or her control.

Disciplinary Sanctions

Any employee violating any of the foregoing Standards of Conduct shall be subject to any and all of the following Disciplinary Sanctions:

1. A reprimand, either written or oral.

2. Suspension without pay.

3. A referral to any Employee Assistance Program.

4. Termination of employment or non-renewal of contract.

The imposition of Disciplinary Sanctions shall be consistent with local, state, and federal law and the School District may refer violations of Standards of Conduct to civil authorities for prosecution.

All Disciplinary Sanctions shall be administered in accordance with all laws provided for due process.

C. Non-compliance With Employee Assistance Programs

Employees of the Elkhorn school district shall fully comply with and successfully complete the treatment directed by the district’s Employee Assistance Program when the employee is being disciplined for drug use or alcohol abuse.

An employee who is disciplined for drug use or alcohol abuse and is not terminated shall be referred to the district’s Employee Assistance Program for assessment, counseling treatment, rehabilitation and reentry.

The employee shall be required to execute the necessary releases so that the Employee Assistance Program may inform the district as to whether such employee is in compliance with the directed treatment. Failure on the part of the employee to execute the necessary releases of information or failure to comply with the directed treatment shall be considered insubordination and new and separate grounds for disciplinary action up to and including termination.

D. Criminal Convictions

Any district employee convicted under federal, state, or local law in any crime relating to the use, possession, or distribution of any illegal drugs or distribution of alcohol to minors may be subject to disciplinary sanctions as are applicable to the other Standards of Conduct dealing with alcohol or drugs. An employee convicted of any crime relating to the possession, use, or distribution of alcohol or drugs must notify the superintendent or designee no later than one business day after the conviction. Failure to timely notify may be grounds for disciplinary action, up to and including termination of employment.

E. Procedures

An employee suspected of being in violation of this Rule shall be interviewed by his or her immediate supervisor or administrator as soon as possible to determine whether the employee is in violation of this Rule or any provisions of this Rule. If possible, the immediate supervisor or administrator will summon a second supervisor or administrator to be present at the interview and to assist in the determination.

If the supervisor or administrator determines that the employee is in violation of any provision of this Rule, the supervisor or administrator shall immediately suspend the employee with pay from his or her duties. The employee shall be provided a written statement specifically stating why the employee is being suspended. The Notice shall contain a written acknowledgment signed by the employee that the employee (a) agrees with the determination that he or she is in violation of this Rule; or (b) understands the determination that is being made by the supervisor, but does not agree with that determination.

The supervisor or administrator shall immediately notify the superintendent of the action taken. The superintendent shall undertake such additional investigation as may be necessary, and shall provide the employee with a written statement within two school days specifically stating:

1. What additional action, other than being suspended from duties, if any, will be taken in accordance with this rule;

2. The date the employee may return to his or her regular duties;

3. The employee’s due process rights and time limits to appeal.

At all times, all district employees shall make every reasonable effort to ensure that any employee who is suspected of being under the influence of drugs and/or alcohol does not operate a motor vehicle unless able to do so safely and lawfully. Should an employee refuse to cooperate, and attempt to operate a motor vehicle when he or she cannot operate it safely or lawfully, law enforcement officials shall be immediately notified

 

ACKNOWLEDGMENT AND RECEIPT

Pursuant to federal statute, Public Law 101-226, the undersigned hereby acknowledges receipt of the Personnel Drugs and Alcohol Use Policy and Rules issued by the Elkhorn School District to employees of the Elkhorn School District and hereby acknowledges and agrees that the conditions set forth are conditions of employment by the undersigned with the Elkhorn School District. The undersigned acknowledges that the Elkhorn School District prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol on school premises or at School District-sponsored student events or at an activity at which the District or other school districts participate and students are present and any violation of that standard subjects an employee to disciplinary sanctions including termination of employment.

DATED this _________ day of __________________, 2_____ .

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Signature of Employee