DRUG-FREE WORKPLACE REGULATION
All projects, departments, and programs in the district must make every effort to guarantee that the workplace is free of controlled substance abuse. A “controlled substance” includes drugs, which are illegal because they have no legitimate medical purpose, and drugs, which have legitimate medical uses but are highly addictive. To guarantee that not only federally aided programs, but the entire district, is free of controlled substances, the following steps shall be taken:
1. All employees shall be put on notice that:
a. the manufacture, sale, distribution, possession, or use of any controlled substance is forbidden, unless prescribed by a physician, anywhere on district property or in any vehicle belonging to the district;
b. if any employee is convicted of or pleads guilty or nolo contendere to a charge of manufacture, sale, distribution, possession, or use of a controlled substance, that employee must notify the district of the conviction or plea within five (5) calendar days after it is entered;
c. any violation of a or b, above, will result in discipline and/or required rehabilitation in an approved treatment facility; and
d. every employee shall have the opportunity to attend information sessions, which shall be strongly encouraged but not required. These sessions shall cover the dangers of controlled substances; the district’s policies on controlled substances; sources of help for dealing with abuse of such drugs; and the penalties for violations of this policy.
2. The district shall:
a. provide a written statement of this policy, the Drug-Free Workplace Act of 1988, and the penalties for violations of this policy to every employee in the district. Copies of these statements or notice of where copies can be consulted shall be provided at every orientation meeting, and at least once a year to continuing staff;
b. provide notice to the grantor of any Federal funds to the district within ten (10) business days of receiving such notice, of any employee’s conviction or guilty plea involving controlled substances; and
c. impose discipline, which may include a warning, suspension, or termination of employment, in accordance with federal, state, or contractual provision where applicable, on any employee who violates this policy. The district may require treatment instead of or in addition to other discipline.
In addition to complying with federal legislation regarding the use of drugs, the Board prohibits any employee to be under the influence, to use, to have in his/her possession or to distribute in any way alcohol and/or other drugs on school property or at school sponsored activities off school property. Employees should discourage gifts of alcoholic beverages from students and if such a gift were received from another staff member, it would be removed from the premises, unopened, on the same day.
It is recognized that there are many personal situations, often varied and complex in nature, which can repeatedly interfere with job performance. Among these are marital or family stress, emotional upsets, drugs or substance dependencies, alcoholism, physical illness or injury, financial problems or other serious concerns. Further, these problems are recognized to be treatable conditions.
Information about any drug and alcohol counseling an/or rehabilitation programs shall be made available to employees. Guidance Counselors may refer staff members with a substance use/abuse problem to one of the following professional health agencies, private practitioners and/or support groups:
County of Oswego Council on Alcoholism 342-2370
Conifer Park 488-0303
Crouse Irving Memorial Hospital Adolescent Services 470-2678
Oswego Hospital MH Division 343-8162
Farnham, Inc. 342-4489
Harbor Lights 963-0777
Oswego County Health Services 349-3591
Oswego County Alateen 342-2370
Onondaga County Alateen 471-1564
Oswego County Al-Anon 342-2370
Oswego County AA 342-2370
Onondaga County AA 471-1564
Tully Hill 696-6114
There shall be ongoing training of district staff about the components of effective alcohol and other substance abuse prevention programs. Training shall include, but not be limited to, district policies and regulations and the staff’s role in implementing such policies and regulations.
Implementation, Dissemination and Monitoring
The Superintendent is responsible for providing the Board with an annual review of this policy, the programs and strategies for implementing it, and his/her recommendations for revisions in the policy.
Ref: Drug-Free Workplace ACT (DFWA), P.L. 100-690
Controlled Substances Act, 21 USC 812
21 CFR 1300.11-1300.15
34 CFR Part 85 (U.S. Dept. of Ed. Regulations under DFWA)
Civil Service Law §75
Education Law §3020.a
Patchogue-Medford Congress of Teachers v. Board of Education 70 NY2d 57 (1987)
Adoption date: May 21, 2003