La Canada USD | AR 4020 Personnel
Drug And Alcohol-Free Workplace
The following procedure shall be used as a guideline in administering the policy concerning a drug-free workplace.
1. Under the Influence
When a supervisor judges that an employee is not fit for duty as a result of the employee's abnormal speech, physical or mental behavior, then the supervisor shall use his/her best judgment in implementing the following guidelines. The supervisor shall:
a. Attempt to have at least one other administrator or supervisor observe the employee's behavior.
b. Consult with the Superintendent or designee.
c. Advise the employee, if in a bargaining unit, of the right to have a representative of the association at the meeting to discuss the matter. However, the availability of an association representative should not significantly delay the investigation process.
d. Offer the employee the opportunity to explain, in private, the reasons for the abnormal behavior(s). Another administrator and the association representative should be present whenever possible.
e. Record in writing the time, date and nature of the abnormal behavior(s).
f. Refuse to allow the employee to work when there is serious question of the employee's fitness for duty. The employee should not be allowed to operate a district vehicle. The employee should be offered the opportunity to be transported home rather than operate a motor vehicle.
g. Notify the employee that the incident will be reviewed with the Superintendent and disciplinary action, up to and including termination, may follow.
If the employee insists that he/she is under the influence of alcohol or some other controlled substance, then the employee will be offered the opportunity to proceed to a site of the district's choice for confirmation testing of specimen samples. If the specimen samples do not indicate the presence of alcohol or other controlled substance, then the district will bear the cost of the test. However, if the test results indicate the presence of alcohol or other controlled substance, then the employee will bear the expense of the tests.
2. Use, Possession, Distribution, Sale, Transfer, Dispensing, Manufacture
When a supervisor or administrator has reason to believe that an employee is engaged in the use, possession, distribution, sale, or transfer of alcohol, other controlled substance or drug paraphernalia, or engaged in the manufacture or dispensing of a controlled substance while on district property or fulfilling the responsibility of his/her job, then the supervisor should use his/her best judgment implementing the following guidelines. The supervisor shall:
a. Confiscate immediately all alcohol, other controlled substance and/or drug paraphernalia, whenever possible.
b. Preserve the evidence. Record in detail the time, dates and related pertinent facts of the incident.
c. Report the incident to the Superintendent or designee.
d. Advise the employee of the right to have a representative of the association present at a meeting to discuss the matter.
e. Interview the employee(s) involved in private. Another administrator may be present as well as the representative of the association mentioned above.
f. Contact the local authorities if he/she has reason to believe that a controlled substance or drug paraphernalia is involved. The confiscated drugs and drug paraphernalia should be turned over to the authorities and a signed receipt should be requested. It is recommended that law enforcement personnel pick up the evidence. If, however, it is necessary for the supervisor to transport the evidence to the authorities then the local authorities must be informed that the supervisor will be transporting the evidence.
g. Notify the employee that the incident will be reviewed with the Superintendent and appropriate disciplinary action will follow.
h. If alcohol and/or drug paraphernalia are found on district property and it is not obvious who the owner is, report the incident to the Superintendent or designee. In the case of drugs and/or drug paraphernalia, contact the local law enforcement agency. A thorough investigation will be made to determine the owner of the property.
Administrative LA CANADA UNIFIED SCHOOL DISTRICT
approval: February 4, 2003 La Canada Flintridge, California