Board Policy 4190

Drug and Alcohol-Free Workplace; E-Cigarette, Tobacco and Cannabis Prohibition

  • In keeping with the Board commitment to provide a safe and healthful work environment, and in accordance with the Drug-Free Schools and Community Act of 1986 and the Drug-Free Workplace Act of 1988, the following policy is hereby adopted.

     

    The Board finds and determines that the use of illegal or controlled substances and the unlawful possession and unlawful use of alcohol can be a detriment to safe and healthful schools and work environments.

     

    All District workplaces are drug- and alcohol-free workplaces. All employees are prohibited from engaging in any of the following activities while on District premises or while performing work for the District:

    1. Unlawful manufacture, dispensing, distribution, possession, or use of an illegal or controlled substance.
    2. Distribution, consumption, use, possession, or being under the influence of an alcoholic beverage; being present on District premises or while performing work for the District when alcohol consumption is detectible, regardless of when and/or where the use occurred.
    1. Distribution, consumption, possession, use, or being impaired by or under the influence of cannabis; being present on District premises or while performing work for the District when impaired by or under the influence of cannabis, regardless of when and/or where the use occurred, unless distribution, possession, and/or use is by a school nurse or school administrator pursuant to Ashley’s Law, 105 ILCS 5/22-33. The District considers employees impaired by or under the influence of cannabis when there is a good faith belief that an employee manifests the specific articulable symptoms listed in the Cannabis Regulation and Tax Act (CRTA).

     

    For the purposes of this policy, controlled substances are defined as any substance which is not legally obtainable and/or any substance which is legally obtainable, such as a prescription drug, but which is not legally obtained, is not being used for prescription purposes, and/or is not being taken according to prescribed dosages, or referenced in federal or State controlled substance acts.

     

    Unless otherwise prohibited by this policy, prescription and over-the-counter medications are not prohibited when taken in standard dosages and/or according to prescriptions from the employee’s licensed health care provider, provided that an employee’s work performance is not impaired.

     

     For purposes of this policy, District premises means workplace as defined in the CRTA in addition to District and school buildings, grounds, and parking areas; vehicles used for school purposes; and any location used for a School Board meeting, school athletic event, or other school-sponsored or school-sanctioned events or activities. School grounds means the real property comprising any school, any conveyance used to transport students to school or a school-related activity, and any public way within 1,000 feet of any school ground, designated school bus stops where students are waiting for the school bus, and school-sponsored or school-sanctioned events or activities. “Vehicles used for school purposes” means school buses or other school vehicles.

     

    As a condition of employment, each employee shall:

     

    1. Abide by the terms of the Board policy respecting a drug- and alcohol-free workplace; and
    2. Notify his or her supervisor of his or her conviction under any criminal drug statute for a violation occurring on the District premises or while performing work for the District, no later than 5 calendar days after such a conviction.

     

    To make employees aware of the dangers of drug and alcohol abuse, the Superintendent or designee shall perform each of the following:

    1. Provide each employee with a copy of this policy.
    2. Post notice of this policy in a place where other information for employees is posted.
    3. Make available materials from local, State, and national anti-drug and alcohol-abuse organizations.
    4. Enlist the aid of community and State agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees.
    5. Establish a drug-free awareness program to inform employees about:
    6. The dangers of drug abuse in the workplace,
    7. Available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
    8. The penalties that the District may impose upon employees for violations of this policy.

     

    E-Cigarette, Tobacco, and Cannabis Prohibition

    All employees are covered by the conduct prohibitions contained in Board policy 1500, Visitors to and Conduct on School Property. The prohibition on the use of e-cigarettes, tobacco, and cannabis products applies both (1) when an employee is on school property, and (2) while an employee is performing work for the District at a school event regardless of the event’s location.

    Tobacco shall have the meaning provided in section 10-20.5b of the School Code.

    Cannabis shall have the meaning provided in the CRTA, 410 ILCS 705/1-10.

    E-Cigarette is short for electronic cigarette and includes, but is not limited to, any electronic nicotine delivery system (ENDS), electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device.

     

    District Action Upon Violation of Policy

     

    A violation of any aspect of this policy may render employees subject to disciplinary action up to and including termination and referral for prosecution. Alternatively, if deemed appropriate by the Board under the particular circumstances, an employee who violates this policy may be required to participate in and complete a drug and alcohol abuse assistance or rehabilitation program to the satisfaction of the Board. The Board shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within 30 days after receiving notice of the conviction.

     

    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 10 days after receiving notice of the conviction.