GBECA ©NONMEDICAL USE OR ABUSE OF
DRUGS OR ALCOHOL
GBECA ©The District's posture in dealing with employees who engage in the nonmedical use of drugs and/or the abuse of alcohol is to be one of constructive confrontation in a supportive environment and supportive relationship. This approach is based on the following premises:
A. Each employee is responsible for the employee's own actions.
B. Each employee is a role model for students.
C. Each employee who seeks help is to be given the opportunity to do so in a supportive environment.
D. The District shall not ignore employee problems.
E. Constructive confrontation will be utilized to make employees aware of opportunities and choices for help.
F. Efforts to maintain confidentiality will be made by the District.
G. Outside referrals to nonschool personnel will be provided, at employee expense, to employees who indicate an interest.
H. Employees will be required to provide information on progress in dealing with problems.
I. Supervisory staff members will receive orientation on methods of constructive confrontation.
J. Opportunities for self-referral will be provided.
K. As recommended by outside professional sources, the District will consider support to an employee during reentry into the workplace.
L. The District's right to intervene is based on 1) a basic concern for the health and welfare of the persons whom it employs and 2) the right to expect quality job performance.
M. School employees are human and should not be considered any less vulnerable or immune to human stress than any other person.
N. In spite of the above, school employees whose nonmedical use of drugs or use of alcohol endangers the health and safety of students or other employees may of necessity be dealt with summarily.
Employee Drug Use or Abuse
The nonmedical possession or use or abuse of drugs and/or use of alcohol is forbidden on school property or at school-sponsored activities away from school property. Employees determined to be in possession of, using, or abusing drugs or using alcohol shall be reported immediately to the principal or other person in charge. The Superintendent shall be notified immediately.
The Superintendent will conduct an investigation in consultation with legal counsel as necessary. If the investigation shows sufficient evidence to suggest that the employee was involved with distribution or otherwise in violation of the law, law enforcement authorities shall be notified. If the results of the investigation show that the employee's actions endangered the health and/or safety of students or other employees, the Superintendent shall take disciplinary action or recommend disciplinary action to the Board in accordance with existing policies and statutes. If the results of the investigation suggest that the employee be provided options under the provisions of this policy, the Superintendent shall so direct the immediate supervisor of the employee.
Medical Marijuana
The District may not discriminate against a person in hiring, termination or imposition of any term or condition of employment or otherwise penalize a person on the basis of:
A. the person's status as an eligible medical marijuana cardholder, or
B. as a registered qualifying patient, having a positive drug test for marijuana components or metabolites, unless the person used, possessed or was impaired by marijuana on District premises or during the person's hours of employment with the District,
unless a failure to do so would cause the District to lose a monetary or licensing related benefit under federal law or regulations.
The Arizona Medical Marijuana Act does not authorize any person to engage in the following conduct:
A. Undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice.
B. Possessing or engaging in the medical use of marijuana:
1. On a school bus.
2. On the grounds of any preschool or primary or secondary school.
C. Smoking marijuana:
1. On any form of public transportation.
2. In any public place.
D. Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment
E. Using marijuana in any manner other than as authorized by the Arizona Medical Marijuana Act.
Adopted: October 4, 2011
LEGAL REF.:
A.R.S.
13-2911
13-3401 et seq.
15-341
23-493
23-493.03
36-2801 et seq.
41 U.S.C. 702, Drug-free workplace requirements for Federal grant recipients.
34 C.F.R. Part 85
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation Employees
GBAB - Medical Marijuana Standards and Conditions for Employees