4118.231 - 4218.231 - Staff Use and Possession of Smoking Products, Tobacco Products, Drugs and Alcohol

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Personnel - Certified and Non-Certified

4118.231/4218.231 – Staff Use and Possession of Smoking Products, Tobacco Products, Drugs and Alcohol

The Board of Education (Board) is concerned with maintaining a safe and healthy environment for District staff, students and visitors to District schools and facilities. Accordingly, the Board prohibits the use or possession of smoking products, tobacco products, drugs and alcohol in all facilities operated by the Board, on school grounds, or during any activity sponsored by the Board, or on transportation vehicles under the jurisdiction of the Board. The Board recognizes the importance of maintaining an environment for its staff and students that is drug and alcohol free. Reasonable steps will be taken to create a safe workplace free from the effects of alcohol, second-hand smoke and drug abuse.

Employees must abide by the terms of this policy as a condition of employment. This policy is adopted in accordance with state law and the Drug Free Workplace Act.

Alcohol and Drugs

The Board recognizes the importance of maintaining a drug-free environment for its staff and students. In compliance with federal and state requirements, employees are prohibited from the unlawful manufacture, distribution, dispensing, possession or use on or in the workplace of any alcohol, narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance. Controlled drugs are further defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1308.11 through 1308.15.

The "workplace" is defined to mean the site for the performance of work done; that includes any school building or any school premises, any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities, 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 of the school District.

As a condition of employment, each employee shall notify his or her supervisor of his or her conviction for any criminal drug statute violation occurring in the workplace as defined above, no later than five (5) calendar days after such conviction. For the purposes of this policy, conviction means a finding of guilt, including a plea no contest, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or state criminal drug statutes. A criminal drug statute is a Federal or state statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.

As a condition of employment, each employee shall abide by the terms of District policy and regulations respecting a drug-free and alcohol-free workplace.

As a condition of employment, an employee who violates the terms of this policy may be required to complete successfully an appropriate rehabilitation program, or may be subject to disciplinary action, including, but not limited to, nonrenewal, suspension or termination of employment, at the discretion of the Board and/or the employee’s referral to law enforcement.

Tobacco

There shall be no smoking or other use of tobacco products on school property or on transportation provided by the Board, or during the course of any trip sponsored by the Board or under the supervision of the Board or its authorized agents.

For the purposes of this policy, “tobacco product" is defined to include, but is not limited to, cigarettes, cigars, blunts, bidis, pipes, chewing tobacco and all other forms of smokeless tobacco, including, but not limited to, an electronic nicotine delivery system or vape product, rolling papers and any other items containing or reasonably resembling tobacco or tobacco products,

Signs shall be posted in a conspicuous place in District schools and in other District facilities or buildings stating that such use is prohibited by state law.

Promulgation of Rules

A copy of this policy, and the consequences of violating the policy, shall be distributed to all employees of the Board. Employees shall be kept informed of any further steps in the District’s drug-free awareness program, including possible information on rehabilitation programs.

Definitions

"Cannabis" means marijuana which includes all parts of a plant or species of the genus cannabis, whether growing or not, and including its seeds and resin; its compounds, manufactures, salts, derivatives, mixtures, and preparations; and cannabinon, cannabinol, cannabidiol (CBD), and similar compounds unless derived from hemp as defined in federal law. The definition of marijuana also include any product made using hemp, as defined in state law, with more than 0.3% total THC concentration on a dry-weight basis, manufactured cannabinoids, and certain synthetic cannabinoids.

"Cannabis product" is cannabis in the form of a cannabis concentrate or a product that contains cannabis, which may be combined with other ingredients, and is intended for use or consumption.

"Cannabis concentrate" is any form of concentration extracted from cannabis, such as extracts, oils, tinctures, shatter, and waxes. "Medical marijuana product" is cannabis that (1) dispensary facilities and hybrid retailers exclusively sell to qualifying patients and caregivers and (2) the Department of Consumer Protection (DCP) designates on its website as reserved for sale to those individuals. "Manufactured cannabinoid" means cannabinoids naturally occurring from a source other than marijuana that are similar in chemical structure or physiological effect to cannabinoids derived from marijuana, but that are derived by a chemical or biological process.

"Workplace" means the site for the performance of work done, which includes work done in connection with a federal grant. The workplace includes any District building or property; any District-owned vehicle or any other District-approved vehicle used to transport students to and from school or school activities; and off-District 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/supervision of the District, which could also include work on a federal grant.

"School-sponsored activity" means any activity sponsored, recognized, or authorized by the Board and includes activities conducted on or off school property.

"Drug" is defined as:

1. "Controlled substances" which includes all forms of narcotics, depressants, stimulants, hallucinogens, steroids, and cannabis (including products made with or infused with these substances) whose sale, purchase, transfer, use, or possession is prohibited or restricted by state or federal law;

2. "Synthetic cannabinoids" which include drugs which are known or advertised as possibly affecting judgment, coordination, or any of the senses, including those which may cause drowsiness or dizziness; and

3. Illegal substances.

"Prescription drugs" means drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed medical practitioner/physician or dentist, other than marijuana (cannabis) and marijuana-related substances. "

Smoking" means the burning of a cigarette, cigar, pipe or other similar device that contains in whole or in part, cannabis or hemp, in addition to tobacco.

"Electronic nicotine delivery system" for purposes of this policy means an electronic device used in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid.

"Vapor product" means any product that employs a heating element, power source, electronic circuit or other electronic, chemical, or mechanical means to produce a vapor that may or may not include nicotine and is inhaled by the product's user.

"Under the influence" means any noticeable use, any detectable level pf drugs or alcohol in the employee's blood or urine or any noticeable or perceptible impairment of the employee's mental or physical faculties.

"Criminal drug statute" means any criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.

I. Prohibited Behavior

To help maintain a drug-free school, community, and workplace, the following conduct is strictly prohibited of all District employees and volunteers. An employee who violates this policy may be required to successfully complete an appropriate rehabilitation program, may not be renewed or his/her employment may be suspended or terminated, at the discretion of the Board.

A. Reporting to work or the workplace under the influence of alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids;

B. Manufacturing, selling, delivering, soliciting, consuming, using, possessing, or transmitting alcohol in any amount or in any manner on District property or a District workplace at any time while students are under the supervision of the District, or when involved as an employee in a District activity on or off school district property;

C. Unlawfully manufacturing, distributing, dispensing, possessing, or using a controlled substance in a District workplace;

D. Using the workplace, District property or the staff member's position within the District to make or traffic alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids;

E. Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids in a manner that is illegal or which impairs job performance or poses a hazard to the safety and welfare of the employee, the public, the students, or other employees; and

F. Smoking or other use of tobacco products on school property during regular school hours, on transportation provided by the Board of Education, or during the course of any trip sponsored by the Board or under the supervision of the Board or its authorized agent.

II. Use of Prescription Drugs

A. Employees are permitted to use prescription drugs on school property, or during the conduct of Board business, that have been prescribed by a licensed medical practitioner. Such drugs shall be used only as prescribed. In addition, employees shall not possess prescription drugs for the purpose of sale or distribution.

B. However, the Board, in compliance with C.G.S. 21a-408a through 408q, prohibits the palliative use of marijuana on school property, at a school-sponsored event, or during the conduct of Board business. Employees are prohibited from being under the influence of intoxicating substances, including marijuana used for palliative purposes, during the work day.

III. Smoking

A. The Board prohibits smoking, including smoking using an electronic nicotine delivery system (e.g., e-cigarettes), and the use of tobacco products on school property or at any school-sponsored activity. This ban applies to any area of the workplace and outside within 25 feet of a doorway, operable window or air intake vent.

B. The workplace smoking ban also applies to cannabis, hemp, and e-cigarette use, involving cannabis.

C. Smoking, including cannabis, will be permitted in a situation in which a classroom is used during a smoking or e-cigarette demonstration that is part of a medical or scientific experiment or lesson.

D. The District will not make accommodations for an employee or be required to allow an employee to perform his/her duties while under the influence of cannabis or allow the employee to possess, use or otherwise consume cannabis while performing his/her employment duties.

IV. Notification Requirements

A. Any staff member who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of his/her job. If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member's responsibility to use appropriate personnel procedures (e.g., use leave, request change of duty, or notify his/her supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies his/her supervisor that the use of medication could compromise the safe performance of his/her job, the supervisor, in conjunction with his/her superior, will determine whether the staff member can remain at work and whether any work restrictions will be necessary.

B. As a condition of employment, each employee will notify his or her supervisor of a conviction under any criminal drug statute. Such notification will be provided no later than five (5) days after such conviction. The District will inform the federal granting agency within ten (10) days of such conviction, regardless of the source of the information.

C. District employees are directed to report any suspected violation of this policy to an administrator or directly to the Superintendent of Schools or his/her designee. The Superintendent or designee will investigate the allegation and meet with the alleged violator.

D. All employees will be notified of this policy on a yearly basis and instructed to recognize that compliance is mandated.

E. This policy shall be made known to prospective employees prior to employment.

V. Disciplinary Action Upon Violation of Policy

A. An employee who violates this policy may be subject to disciplinary action, consistent with applicable state and federal laws, up to and including termination. Enrollment and successful completion of an appropriate drug-or alcohol-abuse, employee-assistance rehabilitation program may be required at the discretion of the administration, at the employee's expense. Nothing in this policy will be construed to guarantee reinstatement of any employee who violates this policy, nor does the District incur any financial obligation for treatment or rehabilitation required as a condition of eligibility for reinstatement.

B. Disciplinary action will include, at a minimum, a letter of reprimand and may include, but is not limited to suspension or termination from employment.

C. The Board shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within thirty (30) days after receiving notice of the conviction.

D. Should District employees be engaged in the performance of work under a federal contract or grant, or under a State contract or grant of $5,000 or more, the Superintendent shall notify the appropriate State or Federal agency from which the District receives contract or grant monies of the employee's conviction within ten (10) days after receiving notice of the conviction.

E. The District may notify law enforcement agencies regarding a staff member's District deems appropriate.

VI. Employee Assistance

A. In order to make employees aware of dangers of drug and alcohol abuse, and to provide an employee with the opportunity for rehabilitation in overcoming addiction to, dependence upon or other problem with alcohol or drugs, the District will: A. provide each employee with a copy of this District Drug- and Alcohol-Free Workplace policy;

B. Post notice of the Drug- and Alcohol-Free Workplace policy in a place where other information for employees is posted;

C. Make available materials from local, state, and national anti-drug and alcohol-abuse organizations;

D. Enlist the aid of community and state agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees;

E. Provide information about benefits available under the Board's group medical plan for treatment;

F. Establish a drug-free awareness program to inform employees about:

• the dangers of drug abuse in the workplace,

• available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and

• the penalties that the District may impose upon employees for violations of this policy.

Legal Reference:

Drug-Free Workplace Act. 102 Stat. 4305-4308

Drug-Free Schools and Community Act, P.L. 99-570, as amended by P.L. 101-226 (1991)

21 U.S.C. 812, Controlled Substances Act, I through V, 202.

21 C.F.R. 1300.11 through 1300.15 regulation

54 Fed. Reg. 4946 (1989)

Connecticut General Statutes

19a-342 Smoking prohibited in certain places

P.A. 21-1 (June Spec. Session) An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis

Controlled Substances Act, 21 U.S.C. §812; 21 C.F.R. 1308.11-1308.15

Drug-Free Workplace Act of 1988, 41 U.S.C. §701 et. seq.

Safe and Drug-Free School and Communities Act of 1994, 20 U.S.C. §7101-71187 (as amended by Title IV - 21st Century Schools)

Drug-Free Workplace Act, 30 ILCS 580/1 et. seq.

Drug-Free Workplace Requirements for Federal Grant and Recipients 41 U.S.C. 8103

Policy Adopted: October 2018

Revised: March 2022

Personnel - Certified and Non-Certified

R4118.231/4218.231 –Staff Use and Possession of Smoking Products, Tobacco Products, Drugs and Alcohol

Employees violating the Board of Education’s (Board) alcohol, drug and tobacco policy may be subject to disciplinary action as indicated below.

Alcohol and Drugs

In accordance with state and federal law, the Board is required to provide written explanation of the consequences of violating the Board's policy which prohibits the unlawful manufacture, possession, use, dispensing, or distribution of illicit, controlled drugs and alcohol on school premises or as part of any school activities.

"Controlled drugs" are those drugs which contain any quantity of a substance which has been designated as subject to federal narcotic laws, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the public health council and Commissioner of Consumer Protection pursuant to Section 19-451 as having a stimulant, depressant, or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence - or both. Controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type, and other stimulant and depressant drugs. Specifically excluded from controlled drugs are alcohol, nicotine and caffeine.

The Superintendent, with necessary Board assistance and support, will provide a drug-free workplace in accordance with state and federal regulations.

The District will establish a drug-free awareness program to inform employees about the dangers of drug and alcohol abuse in the workplace; the District's policy of maintaining a drug-free workplace; any available drug and alcohol counseling, rehabilitation and employee assistance programs; and penalties which may be imposed on employees for drug or alcohol abuse violations occurring in the workplace.

Employees Funded by Federal Grant

Any employee who is funded by a federal grant, in an amount greater than $25,000, is required to be given a copy of this policy and regulation concerning a drug-free workplace.

All employees will be notified that, as a condition of employment under the grant, the employee must abide by the terms of the statement and will notify the District of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.

If an employee who worked on a federal grant is convicted, the federal agency will be notified within ten (10) days after the employer receives notice from an employee of such conviction.

One of the following actions will be taken within thirty (30) days of receiving notice with respect to any employee who is so convicted:

1. Take appropriate personnel action against such an employee, up to and including termination;

2. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state or local health law enforcement, or other appropriate agency.

The Windsor Locks School District shall make a good faith effort to continue to maintain a drug-free and alcohol-free workplace through implementation of this regulation.

Disciplinary Action for Violation of Alcohol and Drug Policy

These procedures should be followed if an employee of the District is found to have violated the alcohol and drug policy.

B. Disciplinary action will include, at a minimum, a letter of reprimand and may include, but is not limited to suspension or termination from employment.

C. The Board shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within thirty (30) days after receiving notice of the conviction.

E. The District may notify law enforcement agencies regarding a staff member's violation of the policy as the District deems appropriate.

Employees suspected to be under the influence of drugs or alcohol.

A. Employees shall be taken to the nurse and shall be treated as a person who is ill. The Superintendent shall be notified by the principal. In case of emergency or if there is a clear and present danger to an employee's health, he/she will be transferred immediately to the hospital.

B. Consistent with local, state and federal law, employees found to be in possession of, using or distributing illicit drugs or alcohol on school premises may be subject to termination of employment and prosecution.

C. Information about drug and alcohol counseling and rehabilitation and re-entry programs will be made available to employees and the completion of an appropriate rehabilitation program will be required as a condition of continued employment.

Discovery of Controlled Drugs and Alcohol by an employee

A. An employee finding such material will deliver it to the principal.

B. The principal will investigate the matter and notify the Superintendent of the incident.

C. If the material is found to be or is suspected of being a controlled drug, the building principal will turn over the material to the police for analysis in exchange for a written receipt.

The Superintendent will designate one staff member, who handles all disciplinary matters regarding personnel, to review, monitor and recommend to the Superintendent disciplinary action.

Sanctions for Violation of Smoking Policy

1. First Offense. Upon the first violation, an employee found to be smoking in the school building or on the school grounds during regular school hours will be warned orally that he/she is violating the school smoking ban policy and that further violation will lead to a written warning and further disciplinary action.

2. Second Offense. Employees who are found to violate the policy a second time will receive a written warning. A copy of this written warning will be placed in the employee's personnel file.

3. Third Offense. Upon the third violation, an employee will receive a second written warning. A copy of this written warning will be the employee's personnel file.

4. Fourth Offense. If the employee violates the smoking policy a fourth time, the employee will be referred to the Superintendent for further disciplinary action.

Legal Reference:

Drug-Free Workplace Act. 102 Stat. 4305-4308.

Drug-Free Schools and Community Act, P.L. 99-570, as amended

by P.L. 101-226 (1991)

21 U.S.C. 812, Controlled Substances Act, I through V, 202.

21 C.F.R. 1308.11 through 1308.15 regulation.

54 Fed. Reg. 4946 (1989)

Connecticut General Statutes

19a-342 Smoking prohibited in certain places.

Regulation Approved: October 2018

Regulation Revised: May 2022