No employee of the School Corporation shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor; and no employee shall manufacture, distribute, dispense, possess or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroids or any other controlled substance; as defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. Part 812) and as further defined by regulation 21 C.F.R. 1300.11 through 1300.15 before, during or after school hours at school or in any other School District location as defined below.
"School Corporation location" means any school building or on any school premises; on any school-owned vehicle used to transport students to and from school or school-related activities; off-school property at any school-sponsored or school-approved activity, event or function such as a field trip or athletic event, where students are under the jurisdiction of the School Corporation, or during any period of time such employee is supervising students on behalf of the School Corporation or in any way engaged in School Corporation business that involves students.
Any employee who directly or indirectly performs work on a Federal grant shall abide by the terms of this policy and shall notify his/her supervisor in writing of his/her conviction on any criminal drug statute for a violation occurring in any of the places listed above, no later than five (5) calendar days after such conviction.
Any employee who violates this policy by distributing or dispensing any alcoholic beverages or other intoxicating liquor, narcotic drugs, hallucinating drugs, amphetamines, barbiturates, marijuana, anabolic steroids or any other controlled substance to students or other employees before, during and after school hours or in any other School Corporation location as described in this policy shall be subject to having his/her employment suspended (without pay) or terminated.
It is to be further understood that any employee who violates this policy by possessing, using or being under the influence of any intoxicating liquor, narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids or any other controlled substance, will be subject to either disciplinary action up to and including termination or will be required to satisfactorily participate in one of the approved drug and alcohol abuse counseling and rehabilitation programs. If the employee fails to satisfactorily participate in such program, the employee shall be subject to non-renewal or have his/her employment suspended (without pay) or terminated.
The Superintendent shall develop administrative guidelines and procedures for establishing the employees' counseling and rehabilitation program, that will best comply with the intent of this policy, in providing for appropriate employee disciplinary action for establishing and maintaining a safe and positive educational environment for the School Corporation.
Any employee who is taking properly prescribed medications containing controlled substances (i.e., barbiturates, codeine, morphine, etc.) would not be considered to be in violation of this policy as long as the medication does not interfere with his/her performance of duties.
41 U.S.C. 701 et seq., Drug-Free Workplace Act of 1988
20 U.S.C. 3224A