NEPN/NSBA Code:  GBEC

SUBSTANCE-FREE WORKPLACE 

The School Committee recognizes that substance use disorder is a disease. At the same time, the School Committee is also seriously concerned about the effects of substance use upon an employee’s job performance. 

The School Committee is committed to ensuring all employees and students have a substance-free environment for working and learning. Accordingly, the School Committee expects all employees to report for work and to perform their duties in a manner which does not jeopardize the health, safety, and well-being of co-workers and students. 

Any employee who suspects that they may have a substance use disorder is strongly encouraged to contact their supervisor to seek a referral to the school district’s Employee Assistance Program. All voluntary referrals shall be kept confidential to the greatest extent practical. 

Prohibited Conduct

No employee or volunteer shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, fortified wine or other intoxicating liquor while in or on a school system location. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, or any other controlled substance (as defined in schedules I through V of section 202 of the federal Controlled Substances Act [21 USC § 812]; by federal regulation at 21 C.F.R., § 1308.11 through 1308.15; and in 17-A M.R.S.A., § 1101 and 20-A M.R.S.A. §6621). Further, an employee witnessing any such act by another employee or student must report the incident to their building administrator as soon as possible. This applies before, during, and after school hours, at school or in any other school system location, defined as follows: 

“School system location” means in any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school 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 district; or during any period of time such employee is supervising students in connection with the school system or otherwise engaged in school district business. 

Any illegal use, possession, furnishing, selling or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph. 

In addition, employees and volunteers (including coaches) are prohibited from selling, distributing, or promoting any performance-enhancing substances included on the banned performance-enhancing substances list prepared by the Commissioner of Health and Human Services.

Appropriate disciplinary action shall be taken against any employee who violates this policy, up to and including termination. Referrals for assistance or treatment do not preclude disciplinary action being taken for violations of the policy. 

As provided in the Drug-Free Workplace Act, any employee is required to notify the school district of a criminal or civil conviction for a drug violation occurring in the workplace no later than five calendar days after such conviction. In turn, the Superintendent, within 10 calendar days of learning of such a conviction, is to give written notification to the U.S. Department of Education and to any other federal agency from which the district receives grant funds. 

Implementation 

The Superintendent shall be responsible for developing and administering appropriate procedures to implement this policy. 

Communication 

A copy of this policy is to be given or emailed to all current employees and to new employees at the time of their employment and is to be posted in appropriate locations throughout the school system. 

Legal Reference: 21 U.S.C. § 812 (Schedules of controlled substances). 

21 C.F.R. §§ 1308.11-1308.15 

20 U.S.C. §7101 et seq. (Safe and Drug-Free Schools and Communities Act).

17-A M.R.S.A. § 1101 

20-A M.R.S.A §§ 6621-6624.

Cross Reference: JICH - Drug and Alcohol Use by Students

Adopted: June 7, 2000 

Reviewed: August 20, 2012 

Revised: August 22, 2016 

Reviewed: September 11, 2017 

Reviewed: April 3, 2023

Revised:    October 20, 2025