Drug-Free Schools, Community and Workplace - 5258

Mukilteo School District
Personnel - Series 5000
Drug-Free Schools, Community and Workplace - 5258

The Board has an obligation to staff, students and citizens to take reasonable steps to provide a reasonably safe workplace and to provide safety and high-quality performance for the students who the staff serves.

For the purposes of this policy, "workplace" is defined to mean 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 any District 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 of the District which could also include work on a federal grant.

Prohibited Behavior:

To help maintain a drug-free school, community, and workplace, the Board declares that the following behaviors will not be tolerated:

  1. Reporting to work or the workplace under the influence of alcohol, illegal and/or controlledsubstances including marijuana (cannabis) and anabolic steroids.
  2. Using, possessing, transmitting alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids in any amount, in any manner and at any time in the workplace.
  3. Any staff member convicted of a crime attributable to the use, possession, or sale of illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids will be subject to disciplinary action, including termination.
  4. Using 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.
  5. Using, possessing or transmitting illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids.

Notification Requirements

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 their 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 their supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies their supervisor that the use of medication could compromise the safe performance of their job, the supervisor in conjunction with the District Office then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.

As a condition of employment, each employee shall notify their supervisor of a conviction under any criminal drug statute violation occurring in the workplace. Such notification shall be provided no later than 5 days after such conviction. The District shall inform the federal granting agency within 10 days of such conviction, regardless of the source of the information.

Each employee will be notified annually of the District's policy and procedures regarding employee drug activity at work. Any staff member who violates any aspect of this policy will be subject to disciplinary action, which may include termination. As a condition of eligibility for reinstatement, an employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the District, at the employee's expense. Nothing in this policy shall be construed to guarantee reinstatement of any employee who violates this policy, nor does the District incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.

The District may notify law enforcement agencies regarding a staff member's violation of this policy at the District's discretion or take other actions as the District deems appropriate.


Cross References:

Board Policy 4335 Use of Tobacco, Nicotine Products and Delivery Devices
Board Policy 3423 Parental Administration of Marijuana for Medical Purposes

Legal References:

RCW 68.50.435 Violations committed in or on certain public places or facilities — Additional penalty — Defenses — Construction — Definitions.
20 USC §§ 7101-71187 Safe and Drug-Free Schools and Communities Act
41 U.S.C. § 8103 Drug Free Workplace Requirements for Federal Grant Recipients
21 USC 812 Controlled Substance Act

 

Adoption Date: October 12, 1998
Amended: January 8, 2001
Amended: March 13, 2017
Revised: October 24. 2023