Madison Metropolitan School District
Board of Education Policies and Procedures

POLICY	DRUG-FREE WORKPLACE	8870 Human Resources

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 and on all property owned and operated by the Madison Metropolitan School District, including vehicles. A controlled substance means a controlled substance in schedules I through V of the Controlled Substance Act (21 U.S.C. 812) as further defined by regulations at 21 C.F.R. 1300.11 through 1300.15.

The BOARD will make a good faith effort to continue and maintain a drug-free workplace through the implementation of the following procedures.

PROCEDURE	DRUG-FREE WORKPLACE	8870 Human Resources

1. The BOARD will establish a Drug-Free Workplace Awareness Program to inform employees about:
   1. The dangers of drug abuse in the workplace;
   2. The District's policy of maintaining a drug-free workplace;
   3. Any available drug counseling, rehabilitation, and employee assistance programs;
   4. Disciplinary actions which may be taken for drug abuse violations occurring in the workplace, as well as during school sponsored activities, and that such disciplinary action may be imposed prior to the employee being arrested and/or convicted of the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
2. All employees and applicants for employment will receive a copy of this Policy, as well as a Notice, and each will be posted in each affected workplace.
3. It is a condition of employment that all employees will:
   1. Abide by this policy;
   2. Notify their supervisor, in writing, of any criminal drug statute conviction for a violation which occurred in this workplace within five days after the conviction. When a supervisor receives such notice, the supervisor shall notify the Director of Human Resources.
4. The Director of Human Resources will notify the Department of Education or any other Federal agency from which a grant is received and in which grant the employee is involved, within ten days after receiving the notice as set forth in paragraph 3 above, or otherwise receiving notice of the conviction;
5. Within thirty (30) days after the Director of Human Resources receives notice as set forth in paragraph 3 that an employee has been convicted, the District will take the following steps:
   1. Take the appropriate personnel/disciplinary action against such employee, up to and including termination; or
   2. Require that such employee participate satisfactorily in a drug abuse assistance or rehabilitation program provided for such purposes by federal, state, or local health, law enforcement, or other appropriate agencies.

   However, the District will at all times adhere to the rights of the employees under their respective collective bargaining agreements.

10/4/04

NOTICE TO ALL EMPLOYEES

This notice is required under the Drug-Free Workplace Act of 1988 and Board policy:

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in all Madison Metropolitan School District sponsored activities and in and on all property owned and operated by the Madison Metropolitan School District, including vehicles.

It is a condition of employment that all employees will:

Abide by the terms of this notice, and

If any employee is convicted of any violation of a criminal drug statute where the violation occurred in the workplace, notify her/his supervisor no later than five (5) days after such conviction.

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 a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance.
3. A "controlled substance" means a controlled substance in Schedules I through V of the Controlled Substance Act (21 U.S.C. 812) as further defined by regulations at 21 C.F.R. 1300.11 through 1300.15.

1. Within ten days of such notification, the District shall notify the U.S. Department of Education, and/or any other federal agency which has provided the Madison Metropolitan School District a grant in each affected workplace, of such conviction or plea.
2. Within thirty (30) days after receiving notice of the conviction:
   1. The District will take appropriate disciplinary action against such employee, which may include termination; or
   2. 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.
3. 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 Madison Metropolitan School District.

However, the District will at all times adhere to the rights of the employees under their respective collective bargaining agreements.

10/4/04

Last Updated: Tue Feb 21 07:21:48 2006
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