POLICY NUMBER:
400.03
ADOPTED:
11.12.2024
Board Policy
- The Board of Education recognizes its responsibility to maintain public trust and confidence by providing a safe school environment for students and employees. The Board of Education is committed to compliance with state law and the Federal Drug-Free Workplace Act of 1988 which requires that all recipients of federal funds maintain a drug-free work place.
- The Board authorizes the Superintendent and District Administration to develop administrative regulations consistent with this policy, subject to review and approval by the Board
ADMINISTRATIVE REGULATION:
400.03-1
APPROVED:
11.12.2024
Expectations and Prohibitions - 400.03-1
- Employees are expected to report to work physically and mentally capable of performing their job-related tasks.
- Employees are prohibited from manufacturing, possessing, using, dispensing or distributing any illegal drugs or alcohol on school district property or as part of any school district activity. This prohibition includes the use of alcohol or drugs before coming to work such that the substance would be detected through a drug/alcohol test during work hours.
- Employees are prohibited from misusing prescribed medication on school district property or as part of any school district activity. This prohibition includes the misuse of prescribed medication before coming to work such that the substance would be detected through a drug/alcohol test during work hours.
- Employees are prohibited from using all tobacco products such as e-cigarettes, vaporizors, and/or other products that may contain nicotine, alcohol, or other illegal drugs on school district property or as part of any school district activity.
- Any employee found in violation may be subject to disciplinary actions including but not limited to probation, suspension, or termination of employment in accordance with District policy.
ADMINISTRATIVE REGULATION:
400.03-2
APPROVED:
11.12.2024
Random Drug Testing - 400.03-2
- The District will randomly administer drug and alcohol testing to regular drivers of district owned vehicles.
ADMINISTRATIVE REGULATION:
400.03-3
APPROVED:
11.12.2024
Violations - 400.03-3
- Citations, Arrests, or Convictions
- Employees cited, arrested or convicted for substance abuse-related activity are required to report the citation, arrest or conviction to the Director of Human Resources within forty-eight (48) hours of occurrence.
- The district may impose personnel sanctions upon employees who are cited, arrested, or convicted of substance abuse activity.
- Duty to Report:
- It is the responsibility of all employees to maintain a drug/alcohol-free workplace. An employee shall report to his/her supervisor any suspicion or knowledge that a co-worker is using or in possession of illegal drugs or alcohol while on School/District property, or while working for the District, or is under the influence of any substance, illegal or legal, that impairs the ability of an employee to work safely. No employee should operate equipment if medication could interfere with safe operation.
- Reasonable Suspicion:
- Reasonable suspicion is a legal standard less than probable cause and is based on “specific and articulable facts”, “taken together with rational inferences from those facts”, and the suspicion must be associated with the specific individual.
- Administrators have the responsibility of questioning and taking appropriate action where there is reasonable suspicion to suspect that the possession, use and/or distribution of drugs or alcohol is present.
- Once a supervisor has been informed of a reasonable suspicion, that supervisor and a Human Resources Administrator or designee, will observe the behavior of the suspected employee for potential signs of impairment. If the observation indicates reasonable suspicion the employee will be taken to a District authorized medical clinic for testing. If the employee refuses to be tested under these circumstances, the District will deem the refusal as a positive result.
- Post-Accident
- Employees who are involved in work-related accidents are required to inform their supervisor about the accident as soon as possible. Failure to do so will be grounds for disciplinary action up to and including termination. The employee may be placed on paid administrative leave until test results are received.
- Drug testing due to an accident will be conducted within a reasonable time following the accident report or before the end of shift or the end of the work day. Testing and employee time will be paid for by the District.
- A Post-accident drug test is completed when one of the following conditions exists:
- a work-related accident in which the employee requires medical attention at a clinic or hospital;
- a work-related accident in which the employee is the direct cause and which causes substantial damage (approximately $500) to District and/or personal property, or release of a reportable quantity of a hazardous substance into the environment;
- a work-related accident in which the employee is the direct cause and which causes physical injury to another person requiring medical attention rendered at a clinic or hospital; or
- a work-related accident in which the employee failed to report the accident.
- Positive Result
- Upon receipt of a verified or confirmed positive drug or alcohol test result, indicating a violation of this policy, the District will use that test result and any associated behavior for the basis of disciplinary actions up to and including termination.
- Nondiscrimination for medical cannabis use while employed by the District – Medical cannabis and prescription use. The District may take an adverse employment action (i.e., dismissal, probation, suspension, termination) against an employee for failing a drug test for the use of medical cannabis that is obtained and used in accordance with state law only if the District would take an adverse employment action against an employee for failing a drug test for the use of prescribed controlled substance that was used in accordance with state law (emphasis added) (See Utah Code 34A-5-115 (2)(a)).
- Upon receipt of a verified or confirmed positive drug or alcohol test result, indicating a violation of this policy, the District will use that test result and any associated behavior for the basis of disciplinary actions up to and including termination.
ADMINISTRATIVE REGULATION:
400.03-4
APPROVED:
11.12.2024
Employee Assistance - 400.03-4
- Information
- The District will provide information on how to access the Employee Assistance Program.
- Intervention
- Employees are responsible to seek assistance for substance abuse problems before policy infractions occur and disciplinary action is necessary.
- Employees are encouraged to seek short-term help from the Canyons Family Center, the Employee Assistance Program, or more extensive help from a licensed treatment facility in the community.
- All associated costs for rehabilitation treatment will be borne by the employee (e.g., out of pocket, personal insurance, etc.).
- Once the substance abuse policy is violated, subsequent enrollment in a treatment program will not necessarily lessen disciplinary action and may have no bearing on the determination of appropriate disciplinary action.
Exhibits
None
References
Forms
None
Document History
Revised – 11.12.2024. Policy – 400.03 – Drug Free Workplace was updated to add language pursuant to Utah Code 34A-5-115, for nondiscrimination of medical cannabis use while employed by the District – Medical cannabis and prescription use. Specifically, upon receipt of a positive result of drug testing following an accident, the District may not treat employees who are positive for medical cannabis use differently than other employees that test positive for drug use (e.g., prescription use).
Revised – 10.4.2016. Policy – 400.03 – Drug Free Workplace was revised to add language to allow for randomly administered drug and alcohol testing to regular drivers of district owned vehicles.
Adopted – 12.1.2015.
This online presentation is an electronic representation of the Canyons School District’s currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent located at 9361 South 300 East Sandy, UT 84070.
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