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4119.23 Employee Substance Abuse

NORTHFIELD BOARD OF EDUCATION FILE CODE: 4119.23

Northfield, New Jersey Monitored

X Mandated

Policy X Other Reasons

 

 

EMPLOYEE SUBSTANCE ABUSE

 

The Northfield Board of Education recognizes that the misuse of drugs, steroids, and alcohol is a serious problem with enormous impact upon the welfare of the entire school community. The board is committed to the prevention of drug, steroid, and alcohol abuse and rehabilitation of drug, steroid, and alcohol abusers and implementation of an effective drug, steroid, and alcohol awareness program for staff members, as well as providing special assistance for addicted staff.

 

The board desires to utilize positive approaches in dealing with these problems but will resort to necessary and appropriate steps to protect the school community from harm caused by exposure to drug, steroid, and alcohol abuse.

 

General – All Employees

 

The use of alcoholic beverages in school worksites is prohibited. Violations of this prohibition may subject an employee to disciplinary action which may include but is not limited to nonrenewal, suspension, or termination at the discretion of the board.

 

The unlawful manufacture, distribution, dispensing, possession of, use of or sale of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance on or in school worksites is prohibited. Any violation may subject an employee to participation in a drug rehabilitation program and disciplinary action including but not limited to nonrenewal, suspension, or termination at the discretion of the board of education.

 

For the purposes of this policy “worksite” shall include any school building, or any school premises and any school-owned vehicles or any other school-approved vehicle used to transport students to and from school or school activities. Worksite also includes off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event, where students are under the jurisdiction of the school district.

 

The board of education, as a result of criminal convictions of any criminal drug statute violation by an employee occurring outside of the worksite, may discipline said employee. Disciplinary action may include, but is not limited to nonrenewal, suspension, or termination at the discretion of the board.

 

Illegal gambling is not permitted in or on the school worksite.

 

Smoking by employees in school buildings or on school grounds is prohibited.

 

The Superintendent shall establish a drug-free awareness program which includes notice of the dangers of drug abuse in the workplace and available drug counseling programs and shall distribute this policy to all employees annually. New employees shall be provided with a copy of this policy prior to beginning work assignments.

 

The Superintendent of Schools with the board shall establish standards of staff conduct to include disciplinary sanctions required when staff members violate board policies related to drug, steroid, and alcohol abuse. All disciplinary sanctions shall be implemented within the framework of the employees’ contractual rights and due process. All employees shall be provided with a copy of this information annually.

 

Nothing in this policy shall be construed in any way to authorize or require the transmittal of any information or records that are in the possession of a substance-abuse counseling or treatment program including, but not limited to, the school district’s own substance-abuse programs. All information concerning a staff member’s involvement in a school intervention or treatment program shall be kept strictly confidential.

 

The Superintendent of Schools will ensure that all district employees receive annual in-service training to make them aware of their responsibilities in accordance with board policies and law.

 

The board will review annually the effectiveness of these policies and the memorandum of agreement entered into with the appropriate law enforcement agency. As part of this review, the board will consult with the executive county superintendent, local community members, and the county prosecutor’s office.

 

The policies and procedures contained herein shall be made available to all staff on an annual basis

 

Work Performance in Connection with a Federal Grant

 

In order for the school district to qualify for any direct federal grant, the district must certify that it will provide a drug-free workplace and maintain a good faith effort to continue to maintain a drug-free workplace. To this end, employees engaged in school worksites as a result of federal grant moneys shall in addition to complying with requirements of the programs shall also be in strict compliance with this policy.

 

The Superintendent of Schools shall notify all employees whose work performance is done in connection with a federal grant that they are to notify their respective supervisors of convictions of any criminal drug statute violation occurring in the workplace. Employees must notify their supervisors no later than five days after such conviction. To be in compliance, the district must notify the federal grant program of such conviction within 10 days of receipt of said conviction.

 

Adopted: June 2, 1997

NJSBA Review/Update: November 2009; December 2010

Readopted: October 24, 2011

 

Key Words

 

Smoking; Drinking; Drugs; Smoking Prohibition; Employee Smoking, Drinking, Use of Drugs on School Premises

 

Legal References: N.J.S.A. 2C:33-16 Alcoholic beverages; bringing or possession on school property by person of legal age; penalty

N.J.S.A. 2C:35-1 et seq. Comprehensive Drug Reform Act of 1987

N.J.S.A. 18A:11-1 General mandatory powers and duties

N.J.S.A. 18A:16-2 Physical examinations; requirement

N.J.S.A. 18A:27-4 Power of boards of education to make rules governing employment of teacher, etc.

N.J.S.A. 18A:36-32 Cigarette coin-operated vending machines; operation, installation or maintenance on property used for school purposes; fine

N.J.S.A. 18A:54-20 Powers of board (county vocational schools)

N.J.S.A. 26:3D-55 et seq. New Jersey Smoke-Free Air Act

N.J.A.C. 6A:16-6.3 Reporting students or staff members to law enforcement authorities

N.J.A.C. 6A:16-6.5 Confidentiality of student or staff member involvement in substance abuse intervention and treatment programs

N.J.A.C. 6A:26-12.2(a)4 Policies and procedures for school facility operation

 

New Jersey Constitution, Art. IV, § VII, par. 2

 

Anti-Drug Abuse Act of 1988

 

Drug-Free Workplace Act of 1988

 

A Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials (1999 Revisions)

 

No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.

 

 

Possible

Cross References: *1330 Use of school facilities

*1410 Local units

*3220/3230 State funds; federal funds

*3515 Smoking prohibition

*4112.4 Employee health

4117.50 Standards for staff discipline

*4219.23 Employee substance abuse

*5131.6 Drugs, alcohol, tobacco (substance abuse)

 

 

*Indicates policy is included in the Critical Policy Reference Manual.

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