4122.01- DRUG-FREE WORKPLACE

These administrative guidelines are established to assist in the proper implementation of Board Policy 4122.01.

The Superintendent is directed to publish a statement notifying Corporation employees that:

1. no employee may manufacture, distribute, dispense, possess, or use unlawfully any controlled substance, including any chemically similar substance, any alcohol, or any drug paraphernalia at any time while on Corporation property or while involved in any Corporation-related activity or event;

2. any employee who violates the Corporation’s Drug-Free Workplace Policy 4122.01 shall be subject to disciplinary action in accordance with Corporation policies and administrative guidelines.

It shall not be a violation of Corporation policy for an employee to possess or use a controlled substance if the drug is in its original container and is taken strictly as prescribed by a licensed physician or other medical professional having the power to prescribe medications pursuant to a current prescription written for that employee.

The Superintendent is directed to make a good faith effort to continue to maintain a safe environment in all of the Corporation’s schools through the implementation of these administrative guidelines.

The Superintendent is directed to establish a Safe School Committee for the entire Corporation, the composition of which shall be in accordance with the Superintendent’s guidelines.

Each school with the Corporation shall establish a Safe School Committee, the composition of which shall be in accordance with the Superintendent’s guidelines.

The Safe School Committee shall be a subcommittee of the committee that develops the Corporation’s strategic and continuous school improvement and achievement plan.

Each committee must consist of not more than fifteen (15) members who represent the following:

1. school personnel

2. parents of students, and

3. representatives of the community

Appointments to the committee must be made in compliance with contractual provisions (if any), discussion procedures, or past practice. Each School Safety Committee may include at least one (1) member who is a member of the school or Corporation career and technical education school.

The School Safety Committee shall be responsible for developing a plan that addresses the following issues:

1. Unsafe conditions, crime prevention, school violence, bullying, and other issues that prevent the maintenance of safe schools.

2. Professional development needs for faculty and staff to implement methods that decrease problems identified above.

3. Methods to encourage involvement by the community and students, development of relationships between students and school faculty and staff, and use of problem-solving teams.

4. Provide a copy of the floor plans for each building that clearly indicates each exit, the interior rooms and hallways, and the location of any hazardous materials located in the building to the local law enforcement agency and the fire departments that have jurisdiction over the school. The Corporation shall not disclose any record or part of any record if the disclosure of which would have a reasonable likelihood of threatening public safety by compromising the Corporation’s security.

In developing the plan, the School Safety Committee may seek input from representatives of the following:

1. local law enforcement agencies;
2. the local Fire Marshal(s) or his/her designee(s);
3. emergency medical services;
4. a member of the Board;
5. building administrators;
6. the local emergency management service agency;
7. School Resource Officer(s).

Procedures for Voluntary Self-Reporting of Off-Duty Marijuana Use

Purpose

New Albany–Floyd County Schools (NAFCS) is committed to providing a safe, drug-free, and health-conscious learning environment. This administrative guideline establishes procedures for employees—including certified staff, support staff, and athletic/extra-curricular personnel—who voluntarily self-report off-duty marijuana use prior to any workplace incident or reasonable suspicion of impairment.

This guideline is intended to support early intervention while maintaining compliance with Federal and Indiana state law, Board Policy 4122.01, and the Drug-Free Workplace Act of 1988.

1. Initial Report of Use
   
   An employee may voluntarily report or make an admission to administration of off-duty marijuana use only when all of the following conditions are met:
    
   1. The disclosure is made proactively, prior to any drug testing, and before any:
       
      1. workplace impairment is observed; or
      2. reasonable suspicion determination is initiated.
   2. The employee affirms that no use has occurred:
       
      1. on NAFCS property;
      2. during duty hours;
      3. while operating a Corporation vehicle; or
      4. at any NAFCS-sponsored activity or event.
   3. The employee complies with immediate drug testing to establish a baseline.
   4. The employee has no prior drug-related disciplinary actions within the last five (5) years.

Note: Self-reporting does not guarantee continued employment. NAFCS retains full disciplinary discretion consistent with Board policy and applicable law.

2. Administrative Review
   
   Upon self-reporting, the Superintendent or designee, Human Resources, and the relevant administrator will:
    
   1. Document the disclosure.
   2. Review the employee’s job duties, safety responsibilities, and past performance.
   3. Determine whether the employee may enter into a Conditional Employment Continuation Agreement (CECA).
   4. The employee shall be placed on administrative leave or suspension until test results and investigation are finalized (Paid or Unpaid Leave will be determined by HR).
   5. Ensure all actions comply with:
       
      1. Board Policy 4122.01,
      2. Indiana law, including Indiana Code 20-27 and 20-28,
      3. Federal Drug-Free Workplace Act.
3. Conditional Employment Continuation Agreement (CECA) Terms
   
   If approved, an employee may continue employment under the following conditions:
    
   1. Mandatory Substance-Use Assessment
      
      The employee must:
       
      1. Complete an evaluation through a licensed Indiana provider (EAP, LCSW, LCP, or contracted agency).
      2. Authorize the provider to share compliance summaries (not private medical details) with NAFCS HR.
      3. Follow all recommendations issued by the provider including, but not limited to, counseling, treatment, or education programs.
      4. Submit proof of attendance and/or compliance with provider recommendations.
      5. Refrain from driving any corporation vehicle for five (5) years.
   2. Random Drug Testing
      
      The employee must participate in random testing for a minimum of six (6) to twelve (12) months, based upon the position and health care provider recommendations. Such random testing may occur at any time while the employee is at work, may be without notice, and requires the employee’s immediate compliance.
      
      A positive test, refusal, evasion, tampering, or failure to appear constitutes a violation of the CECA and may result in termination of employment.
   3. Zero-Tolerance for Further Use
      
      The employee must agree to completely abstain from marijuana use, as marijuana is a Schedule I controlled substance under Federal law.
4. Non-Compliance
   
   Violation of any CECA term may result in:
    
   1. Immediate termination of employment (subject to Indiana Code 20-28 for certificated staff),
   2. Removal from coaching duties,
   3. Non-renewal of extra-curricular appointment,
   4. Other disciplinary action consistent with NAFCS Board policy and employee handbook(s).
5. Confidentiality
   
   All employee information will be maintained in accordance with confidentiality procedures for employee medical and personnel records.
6. Legal Disclaimers
    
   1. This guideline does not create a contract of employment.
   2. NAFCS retains full authority to modify, revise, or rescind this guideline at any time.
   3. Nothing herein restricts the Corporation’s right to discipline or terminate employees as permitted under law and policy.
      
   4. Marijuana remains illegal under Federal law; NAFCS is legally obligated to maintain a drug-free workplace under 34 C.F.R. Part 84.

© Neola 2016
New Albany-Floyd Co. School Corporation