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Inyo COE |  E  4020  Personnel

Drug And Alcohol-Free Workplace   

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NOTICE TO EMPLOYEES

YOU ARE HEREBY NOTIFIED that it is a violation of the Inyo County Superintendent of Schools Policy for any employee at a County Office of Education workplace to unlawfully manufacture, distribute, dispense, possess, or use any controlled substance as defined in Drug Free Workplace Act and Code of Federal Regulations.

"County Office of Education workplace" is defined as a County Office of Education building or other County Office of Education premises; any County Office of Education-owned or County Office of Education-approved vehicle used to transport students to and from County Office of Education school or County Office of Education school activities; any off-County Office of Education sites when accommodating a County Office of Education-sponsored or County Office of Education-approved activity or function where students are present; or during any period of time when an employee is supervising students on behalf of the County Office of Education.

As a condition of your continued employment with the Inyo County Superintendent of Schools, you must comply with the Superintendent's Policy on Drug and Alcohol-Free Workplace and must, any time you are convicted of any criminal drug or alcohol statute violation occurring in the workplace, notify your supervisor of this conviction no later than five days after such conviction.

The Superintendent or designee shall initiate disciplinary action within 30 days after receiving notice of a conviction for a violation in the workplace from an employee or otherwise. Such action shall be consistent with state and federal law, the appropriate employment contract, the applicable collective bargaining agreement, and county office policy and practices.

Pursuant to California Education Code 44836 and 45123, the Superintendent shall not employ or retain in employment persons convicted of a controlled substance offense as defined in Education Code 44011. If any such conviction is reversed and the person acquitted in a new trial or the charges dismissed, his/her employment is no longer prohibited.

Pursuant to Education Code 45123, the Superintendent may employ for classified service a person who has been convicted of a controlled substance offense only if he/she determines, from evidence presented, that the person has been rehabilitated for at least five years. The Superintendent shall determine the type and manner of presentation of the evidence, and the Superintendent's determination as to whether or not the person has been rehabilitated is final.

Pursuant to Education Code 44425, whenever the holder of any credential issued by the State Board of Education or the Commission for Teacher Preparation and Licensing has been convicted of a controlled substance offense as defined in Education Code 44011, the Commission shall forthwith suspend the credential. When the conviction becomes final or when imposition of sentence is suspended, the Commission shall immediately revoke the credential.

Pursuant to Education Code 44940 and 45304, the Superintendent must immediately place on compulsory leave of absence any employee charged with the commission of any offense involving aiding or abetting the unlawful sale, use or exchange to minors of certain controlled substances. Whenever any certificated employee is charged with a mandatory leave of absence offense, the Superintendent shall immediately place the employee on compulsory leave of absence. The duration of the leave of absence shall be until a time not more than 10 days after the date of entry of the judgment in the proceedings. No later than 10 days after receipt of the complaint, information, or indictment, the Superintendent shall forward a copy to the Commission on Teacher Credentialing.

Pursuant to Education Code 44940 and 45304, the Superintendent may immediately place on compulsory leave of absence any employee charged with certain optional controlled substance offenses.

Each employee of the Inyo County Superintendent of Schools shall sign a statement certifying that he/she agrees to abide by the terms of this Notice.

The following drug and alcohol counseling, rehabilitation, and/or employee assistance programs are available locally:

Inyo County Mental Health Division

(760) 873-6533

162 Grove Street

Bishop, CA 93514

Alpine Recovery Center

(760) 873-4357

375 East Line Street

Bishop, CA 93514

Legacy Contact Joe Massie (760) 977-9922)

Date:

TO: Inyo County Superintendent of Schools

I have read and understand the Inyo County Superintendent of Schools Drug and Alcohol-Free Workplace Policy. I certify agreement to abide by the terms of this notice and understand that not upholding this policy may result in disciplinary action.

Printed Name of Employee

Signature of Employee

Exhibit INYO COUNTY OFFICE OF EDUCATION

adopted: December 6, 2018 Independence, California