Restricting the possession, use and distribution of drugs and alcohol by employees in the school environment is necessary to advance the educational mission of the schools. This policy is intended to provide appropriate procedures and sanctions for reducing drugs and alcohol in the school environment and at the same time assure that employee rights to due process are protected at a level required by the Constitution and relevant court cases. School District employees are prohibited from possessing, using, or distributing any illicit drugs or alcohol on school district premises or at any school district activity.
1. Employees must notify the superintendent of any criminal drug or alcohol statute conviction for a violation occurring on District premises or at the site of any district activity. Notification must be received by the superintendent or designee, no later than five days after such conviction.
2. Supervisors and administrators who are aware of violation of the standards set forth in the Prohibited Practices Section of these policies must take immediate action to correct the violation.
3. Employees shou1d not be searched by supervisors or administrators. However, any drugs or alcohol in plain sight may be seized by the supervisor or administrator. The Superintendent or principa1 may conduct or authorize searches of the employee's workstation, locker and other school district facilities and equipment, and may require the employee to submit to drug testing procedures only if the superintendent or principal has reasonable suspicion of drug or alcohol possession, use, or distribution by the employee.
4. If an administrator has a reasonable expectation that an employee is in possession of' is using or has distributed illicit drugs or alcohol, the administrator should notify local police authorities and the Superintendent or designee. The employee should be suspended without pay pending the outcome of the police investigation. Any suspension must be preceded, or followed immediately by a written notification to the employee stating the reason and any factual information serving as the basis for the suspension. If, after an investigation, the employee is found not to have violated these rules, the employee shall be reinstated with full back pay. If the charges are substantiated, the administrator shall choose one of the following options depending on the severity of the violation:
a) Immediate termination to be initiated consistent with School District policies and, if the employee is a teacher or educator, the Utah Orderly School Termination Procedures Act, UCA, 53A-8-101: or
b) Referral to a drug or alcohol counseling and rehabilitation program. If an employee accepts this option the employee shall be granted sick, vacation, or leave without pay for inpatient treatment. Continued employment during outpatient treatment will be allowed only at the discretion of the principal or superintendent based on an evaluation of the employee's ability to perform adequately during this time. Employees undergoing rehabilitation must sign a release to allow the transmitta1 of verbal and/or written progress reports between the District and inpatient/outpatient providers. All such communication shall be classified as confidential information. Employees shall be required to continue any outpatient treatment prescribed by a licensed practitioner on the employee's own time. Employees who fail to complete the prescribed treatment program or who cannot be rehabilitated shall be terminated from employment.