HR Policy 4.05

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It is the policy of the Board to maintain a drug-free workplace and to comply with the Drug-Free Workplace Act of 1988. Therefore, the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in all Madison Metropolitan School District sponsored activities and in or on any property owned and operated by the District, including its vehicles.

Definition of Terms

Within the context of this policy, conviction, criminal drug statute, and controlled substance will be defined as follows:

1. Conviction means a finding of guilt, including a finding based on a plea of guilty or of no contest, or imposition of sentence, or both, by any judicial authority charged with responsibility to determine violation of the federal or state criminal drug statutes.
2. Criminal drug statute means any criminal statute addressing the manufacture, distribution, dispensation, use, or possession of any controlled substance.
3. Controlled substance means a controlled substance in schedules I through V of section 202 of the Controlled Substance Act (21 U.S.C. 812) and as further defined by regulations at 21 C.F.R. 1300.11 through 1300.15.

It is a condition of employment that all employees will abide by the terms of this notice.

1. If any employee is convicted of any violation of a criminal drug statute, where the violation occurred in the workplace, that employee must notify his/her supervisor no later than five (5) days after such conviction.
2. Within ten (10) days of such notification, the District shall notify the U. S. Department of Education, and/or any other federal agency that has provided the District with a grant in each affected workplace, of such conviction or plea.
3. Within thirty (30) days after receiving notice of the conviction:

a. The District will take appropriate disciplinary action against such employee, which may include termination, or
b. The District will require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state or local health, law enforcement or other appropriate agency.

4. Disciplinary action may also be imposed prior to the employee being arrested and/or convicted of the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance while such employee is engaged in a school sponsored activity or on property owned and/or operated by the District.

The District will, at all times, adhere to the rights of the employees as specified in their respective collective bargaining agreements.

March, 2007