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All employees should be aware of the harmful effects and dangers of alcohol and
other drug abuse, particularly in an educational setting. Specifically, an employee working under the influence of alcohol or drugs:
A. May create unsafe conditions for other employees and students;
B. May perform unsatisfactorily and may adversely affect the
performance of those who work with him/her;
C. May adversely influence young people for whom he/she is a role
model;
D. May discredit the Guilford County Schools and cause disrespect
for both the Board of Education and our schools among students
and parents.
I. Definitions
For the purpose of this regulation, the following definitions shall apply:
A. A "Category A employee" is defined as one who, as part of or condition of
his/her duties, is assigned to drive a Guilford County Schools vehicle or
operates and/or repairs machinery, vehicles or heavy equipment which could
cause substantial injury to the operator or others. Due to the sensitive nature
of the duties of those employees and their importance to the safety and well-
being of the students and personnel of GCS, GCS has established a special
category for those employees.
B. "Designee" means persons designated by the administration to supervise
the testing, reporting and enforcement of GCS' substance abuse program.
C. "Drug" means any substance other than alcohol capable of altering an
individual's mood, perception, pain sensitivity, alertness or judgment.
D. "Illegal drugs" are those drugs or controlled substances of which the sale,
possession or consumption is illegal (including any prescription drug for
which the employee does not have a valid prescription). "Controlled
substances" are as listed under either the North Carolina Controlled
Substances Act or the United States Controlled Substances Act which are
illegal when used for non-medical, non-prescribed purposes.
E. "Prescription drug" is any substance prescribed by a licensed medical
practitioner for individual consumption and used by that individual according
to the prescription. Use or possession of medication prescribed for others is
illegal and will be considered use or possession of an illegal drug.
F. "Over-the-counter drug" (hereinafter referred to as "OTC drug") is any drug
(as defined above) the sale, possession and consumption of which is
permitted by law without a prescription.
G. "Counterfeits", also known as "look alikes", are defined by the North
Carolina Drug Commission and in the North Carolina General Statutes to
include any substance which is by any means intentionally represented as a
controlled substance or alcoholic beverage.
H. "Under the influence" is defined as being that condition in which an
employee's behavior, perception, judgment, coordination, skill or
performance is affected to an observable extent by alcohol or drugs. Without
regard to an employee's behavior or performance, an employee shall also
be deemed to be under the influence when his/her alcohol content level, as
determined by a blood or breathalyzer test, is at a level that exceeds that
allowable for drivers of commercial vehicles under the Motor Vehicle Laws of
North Carolina or when the employee has a positive result from a drug
analysis testing for the prior use or presence of any illegal drug, or any
prescription or OTC drug which is not reported by the employee at the time
of the test.
I. "Abuse" of prescription drugs or OTC drugs occurs when a person uses
prescription drugs or OTC drugs without the specific authorization of an
attending or treating physician for the use undertaken by the employee and
where such use affects the employee's behavior or performance to an
observable extent.
II. Prohibited Acts
A. The School System prohibits the manufacture, sale, distribution, possession
or use of illegal drugs or counterfeit drugs by any of its employees, whether
or not they are on duty, while in the employment of the Guilford County
Schools.
B. The School System further prohibits the sale, distribution, possession or
consumption of alcohol by its employees while on duty. In the case of
Category A employees, the School System also prohibits driving at any time
while under the influence of alcohol or drugs.
C. The Guilford County Schools further prohibits the consumption of alcohol,
use of drugs, or the abuse of prescription drugs or OTC drugs at any time,
to the extent that such use or abuse renders the employee under the
influence while on duty.
D. The School System also shall consider possession or use of any drug or
alcohol, on or off-duty, to be a violation of this policy if such possession or
use could affect safety, job performance, attendance, security, or the
Guilford County Schools' insurance or reputation.
III. Penalties For Noncompliance
Any employee who violates this policy shall be subject to disciplinary action up to and including dismissal. Where discipline short of dismissal is appropriate, emphasis shall be given to rehabilitation of employees through the Employee Assistance Program.
Specifically, it is directed that:
A. Any employee who is convicted or pleads guilty or no contest to a felony or
receives a prayer for judgment continued involving selling, distributing,
possessing and/or using illegal drugs or counterfeits in violation of state or
federal law shall be dismissed. Any employee who is convicted or pleads
guilty or no contest or receives prayer for judgement continued to a
misdemeanor involving selling, distributing, possessing and/or using illegal
drugs or counterfeits in violation of state or federal law shall be subject to
discipline, including dismissal. In addition, if a Category A employee is
convicted or pleads guilty or no contest to any charge arising from operation
of a motor vehicle while under the influence of alcohol or drugs, whether
such violation occurred on or off duty, the employee shall be dismissed.
B. Any employee who sells or distributes illegal drugs or counterfeits while on
duty shall be dismissed. Any employee who uses or is found to be under the
influence of illegal drugs, or who abuses prescription drugs or OTC drugs
while on duty, shall be disciplined in any manner up to and including
dismissal.
C. Any employee who sells or distributes any alcoholic beverage or counterfeit
while on duty shall be dismissed. Any employee who uses or is found to be
under the influence of alcohol while on duty shall be disciplined in any
manner up to and including dismissal.
D. In those cases where discipline less than dismissal is appropriate under this
policy and where there appears to be a reasonable possibility of
rehabilitating an employee, he/she shall be referred to the Employee
Assistance Program or some other program approved by the administration.
After an assessment and evaluation, the employee may, as an alternative to
or in addition to other discipline, be offered a rehabilitation program as
approved by the Superintendent or designee. Failure to cooperate in or to
complete the program satisfactorily shall result in discipline, which again may
include dismissal. The program will include an agreement by the employee
to allow random testing for drugs and alcohol for a period of two years after
completion of the Employee Assistance Program or other rehabilitation plan.
If the employee is found to have committed a subsequent violation of this
policy relating to illegal drugs after entering the program, then the employee
shall be dismissed or, if found to have committed a subsequent violation of
this policy relating to alcohol or OTC drugs, then the employee shall be
disciplined, which discipline may include dismissal.
E. Category A Employees can create a significant risk to the safety of
themselves and others as well as a potential exposure of the school system
to liability if they continue to be employed following a loss of license for
abuse of drugs or alcohol. A Category A employee who violates the district's
drug and alcohol policy or those who are convicted or plead guilty or nolo
contendere to drug or alcohol related charges (even if the employee
receives a prayer for judgment continued) are subject to disciplinary action
up to and including dismissal. In exceptional circumstances, such as an
employee with an outstanding work history, one who successfully completes
a substance abuse rehabilitation/counseling program to the satisfaction of
GCS and has no other substance abuse incident(s) may be given other
considerations. That employee may be considered (at the discretion of GCS)
for another position within that division that is not classified Category A,
based on the written recommendation of the employee's supervisor and
approval of the appropriate Deputy/Associate Superintendent. If no position
for which the employee is qualified is available, termination or suspension,
without pay or benefits, will result. Continued or new employment with GCS
will be probationary and carry a stipulation that the employee not perform or
be considered for Category A duties, assignments or responsibilities.
IV. Authority To Test
A. Pre-Employment Testing
Prior to being hired, all potential Category A employees shall be required to
undergo a drug test prior to and as a condition of final employment by the
Guilford County Schools. A confirmed, positive test will disqualify the
applicant for employment with the school system. Testing will be performed
pursuant to procedures required by applicable law.
B. During Employment - Category A Employees
All Category A employees:
1. Will be required to submit to random drug tests without cause.
2. Will be required to submit to an immediate medical examination,
including alcohol and/or drug testing where a designee has reasonable
cause to believe that the employee is under the influence of alcohol or
other substances. "Reasonable cause" may include, among other
factors:
a. physical signs and symptoms consistent with substance abuse;
b. evidence of illegal substance use;
c. erratic mood swings or other inappropriate emotional outbursts;
d. a flagrant and unexplained violation of safety, security or other
procedures;
e. fighting, assaults, or other erratic, inappropriately aggressive or
violent behavior;
f. persistent drowsiness or inattention to duties; or
g. an accident causing property damage or personal injury.
3. Will be required to submit immediately to alcohol or drug testing if the
employee is either involved in an accident while operating a school
vehicle which results in personal injury to anyone involved or property
damage in excess of $500.00 or is responsible for maintaining any
equipment which malfunctions and results in personal injury to anyone
or property damage in excess of $500.00, or if such employee is
otherwise subject to post-accident drug or alcohol testing under the
Department Of Transportation (DOT) regulations.
4. Will be required to sign a consent and release of liability for drug testing
at the time of employment and as a condition of continued employment.
If a Category A employee refuses to sign such a document or refuses to
submit to drug or alcohol testing as set forth above, he/she will not be
hired or, if already employed, will be dismissed.
In the event there is a positive alcohol or drug test, and it is confirmed that the Category A employee has been using illegal drugs or consuming alcohol or has been abusing prescription drugs or OTC drugs, then the employee shall be dismissed.
C. During Employment - All Employees
Any employee of the Guilford County Schools may be required to submit to
a drug or alcohol test when a supervisor or other management employee
has reasonable cause to believe that the employee is consuming alcohol or
using illegal drugs or is abusing prescription drugs or other substances in
the work place. "Reasonable cause" may include, among other factors:
a. physical signs and symptoms consistent with substance abuse;
b. evidence of illegal substance use;
c. erratic mood swings or other inappropriate emotional outbursts;
d. a flagrant and unexplained violation of safety, security or other
procedures;
e. fighting, assaults, or other erratic, inappropriately aggressive or violent
behavior;
f. persistent drowsiness or inattention to duties; or
g. an accident causing physical injury or property damage.
If the employee has not previously signed a consent for the drug or alcohol test, then he/she will be required to sign a consent at this time. Refusal to consent shall be cause of disciplinary action of any kind up to and including dismissal.
V. Authority To Search
Any employee of the Guilford County Schools may be subjected to a search of his/her person, locker, desk, or other school system property under his/her control in the workplace when the designee has reasonable cause (as defined above) to believe that the employee is selling, possessing or using an illegal drug, alcohol, or a counterfeit of either in the workplace.
VI. Drug-Free Workplace Act Of 1988
In accordance with the Drug-Free Workplace Act of 1988 and as a condition of employment with the Guilford County Schools, employees must comply fully with this policy. Also, each employee is required to notify his or her immediate supervisor or designee by the next business day after any criminal alcohol/drug statute conviction. Category A employees must report any arrest or citation for alleged violation of any alcohol or drug-related offense to his supervisor or designee by the next business day, and thereafter, the disposition of such charge. Employees who are aware of another employee's violation of the on-duty provisions of this policy must notify their immediate superior or a designee. Failure to comply with this section shall be cause for disciplinary action, including dismissal.
VII. Severability
In the event that any part of this procedure or regulations should be found to be invalid or unenforceable for any reason, the remaining portions shall be severable from that portion and shall continue in full force and effect.
VIII. Confidentiality
Information obtained through implementation of this procedure is intended to be used solely for the protection of the health and safety of students and/or employees, and other legitimate purposes. The confidentiality of all test results will be maintained as required by applicable law, and disclosure of such results shall be made only as permitted by applicable law and as required by court of competent jurisdiction.
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