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CHEMICAL ABUSE POLICY

The Board of Directors of Maine School Administrative District No. 71 recognizes that chemical dependency is treatable, and results in serious personal and family problems. At the same time, the Board is also seriously concerned about the effects of chemical dependency upon an employee’s job performance and ability to serve as a role model for our students. Accordingly, the Board has adopted the following policy applicable to all District employees.

1. The Board believes strongly that all District employees and students should be able to work and learn in an environment free from chemical abuse. Accordingly, the District expects all employees to report for work and to perform their duties in a manner which does not jeopardize the health, safety and well-being of co-workers and students.

2. Any employee who suspects that he or she may have a chemical dependency problem is strongly encouraged to seek voluntary diagnosis and treatment. The Chemical Abuse Counselor or other designated support services personnel, will provide any employee with confidential referral services to an outside agency upon request, and will assist the employee in determining the extent to which insurance coverage to help pay for such services is available. The Chemical Abuse Counselor shall keep all voluntary referrals confidential, but upon request shall furnish to the Board of Directors a report of the number of voluntary referrals, to assist the Board to monitor and evaluate this policy.

3. Any employee who suspects that another employee has a chemical dependency problem may take a referral directly to the Chemical Abuse counselor, who shall offer to make available to the affected employee the assistance set forth in paragraph #2 above. The Chemical Abuse Counselor shall keep all such referrals confidential if requested by the reporting employee.

4. If an administrator or supervisor suspects that an employee’s job performance is being adversely impacted by a chemical dependency problem, the employee shall be referred directly to the Chemical Abuse Counselor. The Chemical Abuse Counselor shall offer to make available to the affected employee the assistance set forth in Paragraph 2 above. The Chemical Abuse Counselor shall keep all such referrals confidential, but the employee’s job performance shall continue to be evaluated and the employee shall be subject to corrective action and/or discipline on the same basis as any other employee.

5. Prohibited Conduct - No employee shall unlawfully distribute, manufacture, dispense or possess a controlled substance or alcoholic beverage within the school, or school property or at school events. An employee shall not use or be under the influence of any alcoholic beverage, nor unlawfully use a narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, or any other controlled substance defined in federal and state laws/regulations.

These prohibitions apply to any employee who is on school property, who is in attendance at school or at any school-sponsored activity, or whose conduct at any time or place directly interferes with the operations, discipline or general welfare of the school

6. Any violation of the preceding paragraph shall constitute sufficient grounds for employee discipline, up to and including dismissal from employment. Any illegal use, possession, furnishing, selling or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph may, depending upon the circumstances, constitute sufficient grounds for discipline, up to and including dismissal.

7. As provided in the Drug-Free Workplace Act of 1988, any employee is required to notify the school unit of a criminal or civil conviction for any drug violation occurring in the workplace no later than five calendar days after such conviction. In turn, the Superintendent, within 10 calendar days of learning of such a conviction, is to give written notification to the U.S. Department of Education and to any other federal agency from which the unit receives grant funds.

8. The Chemical Abuse Counselor shall develop and/or coordinate appropriate in-service programs to be offered to employees. These programs will be offered on a continuing basis as determined by need.

9. A copy of this policy will be posted in such places as to be brought to the attention of employees, as determined by the Superintendent.

10. Review – The Superintendent is to oversee a biennial review of the policy and regulations to determine the programs’ effectiveness, to implement changes to programs, policy and regulations, as needed, and to ensure the disciplinary sanctions are consistently enforced.

Legal Reference: CONTROLLED SUBSTANCES ACT (21 U.S.C., SEC. 812)

SCHED. I-V, SECTION 202

21 C.F.R. 1300.11-1300.15

TITLE 17 - MRSA, SECTION 1101

FED. - P.L. 101-226

Amended: 06/16/92

Amended: 08/28/95

Reviewed: 11/10/97

Amended: 01/13/03

Amended: 02/11/03

Reviewed: 03/28/05