Policy GBCBA

Code: GBCBA
Adopted: 7/16/90
Revised/Readopted: 1/20/03
Orig. Code(s): GBCBA

Alcohol/Controlled Substance Use

The following conduct is strictly prohibited and will subject an employee to immediate discipline, up to and including termination:

1. The buying, selling, transportation, possession, providing or use of intoxicants or any controlled substances as defined by law while on district property during work hours (including meal periods), and while assigned to extra duty or special projects, including those held after or in addition to regular school hours;

2. Reporting for work under the influence of alcohol, intoxicants or any controlled substance. An individual is considered to be “under the influence of alcohol, intoxicants and/or a controlled substance “when, in the district’s determination, the controlled substance, alcohol or intoxicant is at a level that it may impair the individual’s ability to safely and/or efficiently perform assigned work, prevent the employee from presenting a positive role model to students or cause discredit to the district.

If the district has reasonable grounds to believe that an individual is under the influence of intoxicants or any controlled substance, the district may require employees in certain safety-sensitive positions to submit to immediate testing by trained medical personnel. Refusal to immediately submit to such tests may result in disciplinary action, up to and including dismissal. “Reasonable grounds” may include such things as slurred speech, dilated pupils, peculiar odors and unsteady balance.

The district reserves the right, with prior notice and reasonable suspicion, to conduct searches of district property, vehicles or equipment at any time. A refusal to submit to a search may result in disciplinary action, up to and including dismissal.

The administration will develop appropriate regulations, procedures, consent forms and such notifications as are needed for an orderly implementation of this policy.

END OF POLICY

Legal Reference(s):

ORS Chapter 475                                         OAR 581-053-0015
ORS 657.176                                                OAR 581-053-0545 (4)(c)(R,S,T) 
ORS 659.840                                                OAR 581-053-0550 (5)(t,u,v)
ORS 659A.300                                             OAR 584-020-0040
                                                                                    OAR 839-006-0200 to -0265
 
Controlled Substances Act, 21 U.S.C. Section 812, schedules I through V, 21 CFR 1308.11-1308.15 (2000).
Americans with Disabilities Act of 1990, 42 U.S.C., Sections 12101-12213; 29 CFR Part 1630 (2000); 28 CFR Part 35 (2000).
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