5135 -DRUG-FREE WORKPLACE
It is the policy of the Durham Public Schools Board of Education that a drug-free workplace shall be maintained. The Board prohibits the unlawful manufacture, transmission, conspiring to transmit, possession, use, or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, counterfeit drug, alcohol, other intoxicants of any kind, or any other controlled substance as defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and further defined by regulation at 21 CFR 1300.11 through 1300.15. The Board prohibits the possession, use, transmission, or conspiring to transmit drug paraphernalia. In addition, no employee shall be impaired by the excessive use of prescription or nonprescription drugs. Employees must not operate equipment while taking prescription drugs that impair/limit their ability to do so.
The proper use of a drug authorized by valid medical prescription from a legally authorized health care provider shall not be considered a violation of this rule when the drug is taken by the one for whom the drug was prescribed.
This policy shall govern each employee while on any property owned by the Board, at any time during which an individual employee is acting in the course and scope of his/her employment with the Board, or at any other time that the employee's violation of this policy has a direct and adverse effect upon the performance of his/her job.
Each employee shall be given a copy of this policy. A record of receipt will be kept on file. Each employee shall comply with this policy and shall notify his/her supervisor of his conviction of any criminal drug statute within 24 hours after such conviction. The supervisor shall notify the Superintendent of any such conviction within 24 hours of receiving notice of such conviction.
The Superintendent must notify the Board within 10 calendar days of receiving notice of such conviction. Also, if the employee is employed in a federally-funded program this same notice shall be provided to the Federal agency responsible for the funded program. Additionally, within 30 calendar days, a convicted employee must be required to participate in a rehabilitation program or be terminated.
Employees shall be provided information concerning available counseling and rehabilitation.
Violation of this policy shall subject an individual to personnel action by the Board which could result in termination of employment with the Durham Public Schools.
Legal Reference: G.S.115C-47;20 U.S.C. 3171-3227; Public Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.
Adopted Effective: July 2, 1992
Revised: November 22, 1993
Revised Effective: July 1, 1999
