Policy: 5201
Personnel
Drug-Free Schools, Community and Workplace
Sumner-Bonney Lake School District believes that the unlawful use and possession of illicit drugs and alcohol in the workplace or at or around work or school related activities is harmful, wrong, and negatively impacts employee conduct and performance. 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. The “workplace” includes any District building, District premises or District property; 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 District approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District which could also include work on a federal grant.
Prohibited Behavior:
For these purposes, the Board declares that the following behaviors for School board members, staff, students, vendors, volunteers and visitors are prohibited and will not be tolerated:
A. Reporting to work and/or District premises, District property or a District sponsored or approved event or function under the influence of alcohol, illegal, and/or controlled substances including marijuana (cannabis) and anabolic steroids.
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 District activity on or off 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) and anabolic steroids, will be subject to disciplinary action, including immediate termination.
C. Using district property or the person’s position within the District to make ortraffic alcohol, and/or controlled substances including marijuana (cannabis) and anabolic steroids.
D. Furnishing alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids to minors, including but not limited to District students or students; E. Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) regardless of purpose and anabolic steroids in a manner that is illegal and/or detrimental to the interest of the District.
Notification Requirements:
Each employee shall be notified of the District’s policy and procedures regarding employee drug activity at work.
A. Any staff member, who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of the staff member’s job. 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 the staff member’s supervisor.
B. If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member’s responsibility to use appropriate personnel procedures (e.g., use leave, request change of duty, or notify his/her supervisor of potential side effects) to avoid unsafe workplace practices.
C. 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’s Human Resources Department, then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.
D. As a condition of employment, each employee shall notify the employee’s supervisor of a conviction under any criminal drug statute violation occurring in the workplace as defined above. Such notification shall be provided no later than 5 days after such conviction. The District will inform the federal granting agency within 10 days of such conviction, regardless of the source of the information.
Disciplinary Action:
Any staff member who violates any aspect of this policy may be subject to disciplinary action, which may include immediate termination. As a condition of eligibility for reinstatement, an employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the District, 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 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 to a staff member’s violation of this policy at the District's discretion or take other actions as it the District deems appropriate. Any staff member convicted of a crime attributable to the use, possession, or sale of an illegal and/or controlled substance, including marijuana (cannabis), will be subject to disciplinary action, including immediate termination. Any staff member convicted of a crime attributable to the use, possession or sale of alcohol that impacts the staff member’s ability to perform the essential functions of the staff member’s job or to be at work will be subject to disciplinary action, including immediate termination. Compliance with the above standards of conduct is mandatory.
Cross References:
5280 – Separation from Employment
4215 – Use of Tobacco, Nicotine Products and Delivery Devices
Legal References:
RCW 69.50.435 Violations committed in or on certain public places or facilities – Additional penalty – Defenses – Construction – Definitions
41 U.S.C.8104 Drug Free Workplace Requirements for Federal Grant Recipients
21 U.S.C. 812 Controlled Substance Act
20 U.S.C. 7101-71187 Safe and Drug-Free Schools and Communities Act (as amended by Title IV – 21st Century Schools)
Revised 8/2012, 5/2014, 4/2017 2/2019
Personnel Section Revised 1/2006
Previously Policy No. 5134