topleft CSBA.org >  Services >  Governance Technology > 

Elk Grove USD  |  E  4020  Personnel

Drug-Free Workplace   

arrow Previous bar Next arrow

STATEMENT TO EMPLOYEES

As a recipient of Federal grants, the Drug-Free Workplace Act of 1988 requires the district to maintain a drug-free workplace.

To comply with the Act, the following statement to employees specifies the actions that will be taken against employees for violations of the prohibition against the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace. In addition, the Act requires the district to inform employees about the dangers of drug abuse in the workplace and the availability of drug counseling, rehabilitation, and employee assistance programs.

1. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace.

2. The term "controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. 812. These would include but not be limited to marijuana, cocaine, opiates, hallucinogens, non-prescribed narcotics, stimulants and depressants.

3. The term "conviction" means a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statues.

4. As a condition of employment and continued employment in the district (hereafter "District"), employees must agree to abide by the terms of this statement and notify the Superintendent of the district of a conviction for violation of any criminal drug statue for a violation occurring in the workplace no later than five days after such conviction.

a. Pursuant to California Education Code Section 45123, the Board of Education of the district may not employ or retain in employment persons convicted of a controlled substance offense as defined in Education Code Section 44011. If any such conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this Section does not prohibit his or her employment thereafter.

b. Furthermore, the district may employ a person convicted of a controlled substance offense only if the district determines from the evidence presented that the person has been rehabilitated for at least five years. Pursuant to Education Code Section 45123, the determination of the Board as to whether or not the person has been rehabilitated is final.

c. Pursuant to California Education Code Section 44425, whenever the holder of any credential issued by the State Board or the Commission for Teacher Preparation and Licensing has been convicted of a controlled substance offense as defined in Section 44011, the commission shall forthwith suspend the credential. When the conviction becomes final or when imposition of sentence is suspended, the commission shall forthwith revoke the credential. Pursuant to California Education Code Section 44065, the district may not employ in positions requiring a certificate, noncertificated persons.

5. "Controlled substance offense" as used in Education Code Section 44011 means any one or more of the following offenses:

a. Any offense in Sections 11350 to 11355 inclusive (offenses involving controlled substances formerly classified as narcotics), 11366 (opening or maintenance of unlawful places), 11368 (forged or altered prescriptions), 11377 to 11382 inclusive (offenses involving controlled substances formerly classified as restricted dangerous drugs), and 11550 (unlawful acts) of the California Health and Safety Code.

b. Any offenses committed or attempted in any other state or against the laws of the United States, which, if committed or attempted in this state, would have been punished as one or more of the above-mentioned offenses.

c. Any offense committed under former Sections 11500 to 11503 inclusive, 11557, 11715, and 11721 of the California Health and Safety Code.

d. Any attempt to commit any of the above-mentioned offenses.

6. In addition to the legal consequences, which include the possible loss of your job (and future employment with schools), there are many physical, psychological and emotional consequences of substance abuse. Even casual uses contribute directly to the empowerment of international drug traffickers who will do anything to further their ends, including the murder of innocent people, the buying of political favors, and the disruption of our economic system. All of this costs us billions of dollars in health and law enforcement, not to mention the loss of human resources by the millions of people who are harmfully involved in drugs.

7. For further information about substance abuse and resources for assistance, please contact:

Elk Grove Unified School District

Office on Substance Abuse Prevention 686-7746

Alcoholics Anonymous 454-1100

Employee Assistance Program (EAP) 686-7746

Kaiser's Alcohol & Drug Abuse Office 973-7960

National Council on Alcoholism 485-4667

People Reaching Out 971-3300

Any questions regarding the district's Drug-Free Workplace Policy may be addressed to the Superintendent's Office.

Exhibit ELK GROVE UNIFIED SCHOOL DISTRICT

version: September 18, 1989 Elk Grove, California

revised: February 20, 1990

revised: May 16, 1994