4118.232

4218.232

Personnel - Certified and Non Certified

Alcohol, Drugs and Tobacco

Drug and Alcohol-Free Workplace

The Board of Education (Board) is concerned with maintaining a safe and healthy working and learning environment for all staff and students. 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.

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

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.

CBD Products (optional)

Employees are prohibited from possessing or using any product with cannabidiol (CBD), whether derived from hemp or cannabis, regardless of the amount of THC in the product or to the extent to which it is legal or illegal under state law.

Legal Reference:  Connecticut General Statutes

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.

Drug-Free Schools and Community Act, P.L. 99 570, as amended by P.L. 101 226 (199)

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: