MJUSD
DIVISION 4000
ALL PERSONNEL

DRUG-FREE WORKPLACE

The Governing Board believes and affirms its commitment in providing a safe and secure environment that encourages and supports students and staff in their efforts to lead healthy and productive lives. It is the policy of the District to support and maintain a drug-free workplace by prohibiting the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any school District employee. All employees shall abide by this policy as a condition of employment and shall receive written notification of this statement. The District Superintendent or designee shall:

1. Publish and give to each employee a notification that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. The notification shall specify the actions that will be taken against employees who violate this prohibition. The notification shall also state that as a condition of employment, the employee will abide by the terms of this policy and notify the employer, within five (5) days, of any criminal drug statute conviction which he/she receives for a violation occurring in the workplace.
   NOTE: For the purpose of this policy, "conviction" shall mean a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged to determine violations of federal or state criminal drug statutes.
2. Establish a drug-free awareness program to inform employees about:
   (a) the dangers of drug abuse in the workplace;
   (b) the District policy of maintaining a drug-free workplace;
   (c) any available drug counseling, rehabilitation, and employee assistance programs; and
   (d) the penalties that may be imposed on employees for drug abuse violations.
3. Notify the appropriate federal granting or contracting agencies within ten (10) days after receiving notification, from an employee or otherwise, of any conviction for a violation occurring in the workplace
4. Initiate disciplinary action within thirty (30) days after receiving notice of a conviction from an employee or otherwise. Such action shall be consistent with state and federal law, the appropriate employment contract, the applicable collective bargaining agreement, and District policy and practice.
5. Make a good faith effort to continue maintaining a drug-free workplace through implementation of Board policy.

In taking disciplinary action, the Board shall require termination when termination is required by law. When termination is not required by law, the Board shall either take disciplinary action, up to and including termination, or shall require the employee to satisfactorily participate in a drug assistance or rehabilitation program approved by a federal, state or local health, law enforcement or other appropriate agency, at employee's expense. The Board's decision shall be made in accordance with relevant state and federal laws, employment contracts, collective bargaining agreements, and District policies and practices.

Legal Reference:

The Drug-Free Workplace Act of 1988
Public Law 100-690, 5151-5160

First Reading: 12/5/00

Governing Board Adoption: 1/17/01

(Former BP 4376)