GBEC – Drug-Free Workplace/Drug-Free Schools

A. Drug-Free Workplace

1. All District workplaces are drug- and alcohol-free and are designated part of the Drug-Free School Zone under state law. All employees and contracted personnel are prohibited from:
a. Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the influence of any controlled substance, including any regulated cannabis infused product or any drug while on or in the workplace, including employees possessing a “medical marijuana” card.
b. Distributing, consuming, using, possessing, or being under the influence of alcohol while on or in the workplace.

2. For purposes of this policy, a “controlled substance or drug” means and includes any controlled substance or drug defined in the Controlled Substances Act, 21 U.S.C. § 812(c), or New Hampshire Controlled Drug Act RSA 318-B.

3. For purposes of this policy, “workplace” shall mean the site for the performance of work, and will include at a minimum any District building or grounds owned or operated by the District, any school-owned vehicle, and any other school-approved vehicle used to transport students to and from school or school activities. It shall also include off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event where students are under the jurisdiction, care or control of the District.

4. As a condition of employment, each employee and all contracted personnel will:
a. Abide by the terms of this policy respecting a drug- and alcohol-free workplace, including any administrative rules, regulations or procedures implementing this policy; and
b. Notify his or her supervisor of his or her conviction under any criminal drug statute, for a violation occurring on District premises or while performing work for the District, no later than five (5) days after such conviction.

5. In order to make employees aware of dangers of drug and alcohol abuse, the District will
endeavor to:
a. Provide each employee with a copy of the District drug- and alcohol-free workplace policy;
b. Post notice of the District drug- and alcohol-free workplace policy in a place where other information for employees is posted;
c. Establish a drug-free awareness program to educate employees about the dangers of drug abuse and drug use in the work place, the specifics of this policy, including, the consequences for violating the policy, and any information about available drug and alcohol counseling, rehabilitation, reentry, or other employee-assistance programs.

B. District Action Upon Violation of Policy

An employee who violates this policy may be subject to disciplinary action; up to and including termination of employment. Alternatively, the Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.

The ConVal Board will take disciplinary action with respect to an employee convicted of a drug offense in the workplace, within thirty (30) days of receiving notice of a conviction. Should District employees or contracted personnel be engaged in the performance of work under a federal contract or grant, or under a state contract or grant, the Superintendent will notify the appropriate state or federal agency from which the District receives contract or grant moneys of an employee/contracted personnel’s conviction, within ten (10) days after receiving notice of the conviction.

The processes for disciplinary action shall be those provided generally to other misconduct for the employee/contractor personnel as may be found in applicable collective bargaining agreements, individual contracts, School Board policies, contractor agreements, and or governing law. Disciplinary action shall be applied consistently and fairly with respect to employees of the District and/or contractor personnel, as the case may be.

C. Drug-Free School Zone
Pursuant to New Hampshire’s “Drug-Free School Zone” law (RSA Chapter 193-B), it is unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense or compound any controlled drug or its analog, within a “drug-free school zone” at any time during the year. The Superintendent is directed to assure that the District is and remains in compliance with the requirements of RSA 193-B and N.H. Ed. Part 316 with respect to establishment, mapping and signage of the drug-free zone around each school of the District.

D. Implementation and Review

a. The Superintendent is directed to promulgate administrative procedures and rules necessary and appropriate to implement the provisions of this policy.
b. In order to maintain a drug-free workplace, the Superintendent will perform a biennial review of the implementation of this policy. The review shall be designed to (i) determine and assure compliance with the notification requirements of section A.5.a, b and d; (ii) determine the effectiveness of programs established under paragraph A.5.c above; (iii) ensure that disciplinary sanctions are consistently and fairly enforced; and (iv) and identify any changes required, if any.

E. Security of Prescribed Medications

Employees are responsible for maintaining the security of all prescribed medications (“medication”) while in the employ of the District. Employees shall only maintain on their person such medications as they may be required to self-administer during the school day. Except in the case of a medical emergency, employees shall not self-administer medication in the presence of students. Employees shall keep medications on their person or temporarily locked in their desk or other secure location during the school day. Employee medications shall not be stored overnight on school property. At no time shall employee medications be visible or left unattended and accessible to students.

Legal References:
41 U.S.C. §101, et. Seq. – Drug-free workplace requirements for Federal contractors, and Federal grant recipients

          RSA Chapter 193-B Drug Free School Zones

RSA 126-X:3, Use of Cannabis for Therapeutic Purposes N.H. Admin. Code, Ed. Part 316

Category: Priority-Required by Law

Identical Policy: ADB

Related Policy: JICH

First Read: May 21, 2019
Second Read: June 4, 2019
Adopted: June 4, 2019