The school board expects the district and its employees to remain substance free. No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance or alcoholic beverage as defined by federal or state law.
“Workplace” includes school district facilities; school district premises; school district vehicles; or non-school property if the employee is at any school-sponsored, school-approved, or school-related activity, event, or function such as fieldtrips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
If an employee is arrested or cited for a criminal substance offense the employee will notify their supervisor before reporting to regular duties or within 48 hours of arrest or citation. If an employee is convicted of a violation of any criminal substance offense committed in the workplace the employee will notify their supervisor within five days of the conviction.
Employees will abide by the terms of this policy respecting a substance-free workplace. An employee who violates the terms of this policy may be required to successfully participate in an alcohol or drug abuse assistance or rehabilitation program approved by the board.
If administrators, directors, managers, or supervisors have reasonable cause to believe an employee has violated this policy they will immediately contact the superintendent or chief officer of human resources who will determine if an investigation is warranted. If an investigation is warranted the individual may be requested to complete and sign a written complaint form and submit other evidence of the violation including but not limited to letters, electronic documents, or pictures.
If substantiated, the district will conduct a timely investigation in as confidential a manner as possible. Interviews, allegations, statements, and identities will be kept confidential to the extent possible and allowed by law. However, the district will not allow the goal of confidentiality to be a deterrent to an effective investigation and all employees who are involved in an investigation are expected to provide honest and complete cooperation.
If at the conclusion of the investigation it is found that an employee has violated this policy the superintendent [or designee] will make the determination whether to require the employee to undergo substance abuse treatment and/or to discipline the employee. If the employee fails to successfully participate in such a program, the employee's contract will not be renewed, or employment may be suspended or terminated at the discretion of the board. Sanctions against employees including non-renewal, suspension, and termination will be in accordance with prescribed district administration regulations and procedures.
In addition, appropriate disciplinary action up to and including termination will be taken promptly against any employee who is found to be dishonest or uncooperative during an investigation. The corrective action issued will be proportional to the severity of the conduct.
The superintendent [or designee] is responsible for publication and dissemination of this policy to each employee. In addition, the superintendent [or designee] will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy.
Adopted: 3/91
Reviewed: 12/11; 4/13; 9/14; 3/17; 4/20; 4/23
Revised: 2/09
Related Policy: 403.4-E
Legal Reference (Code of Iowa): §§ 123.46; 124; 279.8
IASB Reference: 403.05; 403.05-R(1); 403.05-E(1)
Mandatory Policy
Click here to download the notice form for signature
You are hereby notified that it is a violation of the substance-free workplace policy of the Linn-Mar Community School District for any employee to distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor; or to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, or any other controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC § 812) and as further defined by Regulation 21, Code of Federal Regulations 1300.11 through 1300.15 and Iowa Code Chapter 124; before, during, or after school hours; at school; or in any other workplace location as defined below.
“Workplace” is defined as the site for the performance of work done in the capacity as an employee. This includes school district facilities, other school premises, or school district vehicles. “Workplace” also includes non-school property if the employee is at any school-sponsored; school-approved; or school-related activity, event, or function such as fieldtrips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
Employees who violate the terms of the substance-free workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board. The superintendent retains the discretion to discipline an employee for violation of the substance-free workplace policy. If the employee fails to successfully participate in such a program, the employee is subject to discipline up to and including termination.
You are notified that if you are arrested or cited for a criminal substance offense you shall notify your supervisor before reporting to regular duties or within 48 hours of arrest or citation.
You are further notified that you are required to notify your supervisor of your conviction of any criminal drug statute for a violation occurring in the workplace no later than five days after such conviction.
I, __________________________________, have read and understand the substance-free workplace policy. I understand that if I violate the substance-free workplace policy I may be subject to discipline up to and including termination [or I may be required to participate in a substance abuse treatment program]. If I fail to successfully participate in a substance abuse treatment program, I understand that I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug offense, I must report the conviction to my supervisor within three days of the conviction.
I have received and read the above notice.
Employee's Signature Date
This notice should be returned within 10 working days of the employee's initial date of employment.
Reviewed: 9/14; 3/17; 4/20
Revised: 4/23
Related Policy: 403.4
Legal Reference (Code of Iowa): 123.46; 124; 279.8
IASB Reference: 403.05; 403.05-R(1); 403.05-E(1)