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Tag: Drugs and Alcohol

Published on
  • Effective: 5/23/1989
  • Revision: 12/8/2015
  • Reviewed: 8/25/2015
  1. Board Directive
    Jordan School District has a responsibility to maintain public trust and confidence by providing a safe environment for students, employees, volunteers and patrons.  The District also has a responsibility to assure, so far as reasonably possible, that all employees are able to assume their duties and carry out the tasks for which they were hired.  Consequently, since abuse of drugs and alcohol in the work place decreases employee safety and productivity, adherence to this Substance Abuse-Free Work Environment Policy is a condition of employment for all Jordan District employees.  Adherence is vital for all employees.  This policy is written to comply with all requirements found in state and federal law, including: 41 USC 81 et seq., the Federal Drug-Free Workplace Act of 1988;Utah Code §34-41-101 et seq.; Utah Code §26-38 et seq.; Utah Code §53G-8-602 et seq.; Utah Code §58-37-8 et seq.; Utah Code §58-37a-5 et seq.; Utah Code §53-10-211 et seq.; Utah Administrative Code R477-14; Utah Administrative Code R392-510; and Utah State Office of Education, Pupil Transportation Drug and Alcohol Testing Policy.
    The Board delegates to the Administration the responsibility for establishing policy that promotes a substance abuse-free work environment and developing procedures for dealing with policy violations.  Compliance with this policy is mandatory consistent with federal and state law.
  2. Administrative Policy
    The Administration is committed to establishing and maintaining a substance abuse-free work environment.  Therefore, District employees and volunteers are prohibited from the following while on District property, while operating a District vehicle or while attending any school-sponsored activity or event:

    • Manufacturing, dispensing, possessing, distributing, consuming, using or being under the influence of or using any unlawful controlled substance, drug paraphernalia or alcohol.
    • Manufacturing, dispensing, distributing, consuming or using an electronic cigarette or tobacco in any form.

    Any employee or volunteer found in violation may be subject to possible legal actions and/or disciplinary actions including but not limited to probation, suspension, and/or termination of employment or removal as a volunteer.  Administrative policy provisions and due process procedures for employees who violate the substance Abuse-Free Work Environment are outlined in District policies, including DP374 – Employment Background Checks; DP316 NEG—Orderly Termination Procedure; Licensed; DP316A—Orderly Termination Procedures – Administrators; and DP316B—Orderly Termination Procedures - Education Support Professionals.

    1. Definitions
      1. Safety Sensitive Positions:  Positions which directly affect the safety of District employees and/or the general public during the course of performing job duties (i.e. District vehicle driving, etc.).
      2. Random Testing:  Testing of employees in safety sensitive positions as part of a District random drug testing program.
      3. Reasonable suspicion:  An articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that an employee is in violation of the drug-free workplace policy.
      4. Rehabilitative Testing:  Unannounced testing of preselected employees done as part of a program of counseling, education, and treatment of an employee in conjunction with the District’s Drug and Alcohol policy.
      5. Medical Review Officer (MRO):  A trained practitioner at the testing facility authorized to administer and interpret controlled substance and alcohol tests.
      6. Drug testing:  The scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of Utah Code §34-41-101 et seq.
      7. Sample:  Means urine or breath sample.
      8. Electronic Cigarette: Any electronic oral device that provides a vapor of nicotine or other substance and which simulates smoking through its use or through inhalation of the vapor through the device; and includes an oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, vapor sticks, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device.
    2. Procedures for Implementation
      1. Training:  All employees are expected to receive training regarding this policy during the Onboarding process and through the critical policy review process at the start of each school year.
      2. Types of Testing:  Testing may be administered under the following conditions:
        1. Pre-employment testing for controlled substances for school bus drivers and employees in other safety sensitive positions.
        2. Random testing for controlled substances and alcohol for employees in safety sensitive positions.
        3. Reasonable suspicion testing for controlled substances and alcohol for all District employees.  This may include, but is not limited to, any one or more of the following:
          1. Observable symptoms of use or of being under the influence of alcohol or drugs.
          2. Presence of drug or alcohol paraphernalia.
          3. Any involvement (even indirectly) in an accident or near-miss that resulted or may have resulted in an employee injury or property damage or loss.
          4. Reports of drug or alcohol possession, use and/or distribution.
          5. Unexplained or suspicious absenteeism or tardiness.
          6. Unexplained significant deterioration in employee performance or behavior.
          7. Criminal citations, arrests or convictions as outlined in District Policy DP374 – Employment Background Checks.
          8. Any behavior or statements that would suggest that drugs or alcohol are present in the body.
        4. Post-accident or critical incident investigation testing for controlled substances and alcohol for all employees.
        5. Rehabilitative testing for controlled substances and alcohol for all District employees.
        6. Prior to return to duty or as a condition of continued employment if alcohol or controlled substances is the reason for a District employee’s absence from duty.
        7.  As a follow up in combination with a mutually agreed upon rehabilitation program.
      3. Testing:  Drug and alcohol testing shall be conducted in accordance with Utah Code §34-41-104 by an independent laboratory certified for employment drug and alcohol testing.
        1. Drug and alcohol testing results shall be confirmed using reliable testing methods and communicated to both the Human Resources department and the current or prospective employee by the MRO.
        2. Current or prospective employees shall be informed of their option for a split urine sample test at the employee’s shared expense in accordance with Utah Code §34-41-103 and Utah Code §34-41-104.
      4. Testing Required:  Employees required to participate in testing will make themselves available for testing as soon as notified by their supervisor.  Employees who refuse to submit for a test under this policy will be subject to employment discipline including termination.
      5. Sample Collection:
        1. The collection of samples shall be performed under reasonable and sanitary conditions and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of the sample.
        2. Reasonable measures will be taken to ensure the privacy of the individual being tested during sample collection.
        3. Samples collected shall be labeled and sealed to reasonably preclude the probability of erroneous identification of test results.
        4. The individual being tested shall have the opportunity to provide notification of any information relevant to the test, such as prescription and non-prescription medications used.  The individual may also provide information in compliance with the Americans with Disabilities Act of 1990.
        5. Sample collection, storage and transportation to the testing facility shall be performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration.
        6. Sample testing conforms to scientifically accepted analytical methods and procedures.
      6. Results:  The drug testing facility shall communicate all drug test results to Human Resources.
        1. Positive results:  The MRO will determine whether there is a legitimate medical explanation for the result.  If no legitimate medical explanation exists, the MRO will inform Human Resources and the sample donor of the positive results.  Human Resources will remove the employee from duty and inform the employee of the option to have a split urine sample tested at a shared expense as provided for by Utah Code §34-41-103 and Utah Code §34-41-104.  Human Resources will then initiate disciplinary action.  At any disciplinary hearing, in addition to considering the initial test results, the test results of the any split urine sample shall be considered.
    3.  Violations
      1. Convictions or Arrests
        1. Employees arrested or convicted for a substance abuse-related activity are required to report the arrest or conviction to the Administrator of Human Resources within forty-eight (48) hours or the next business day, whichever is greater, as outlined in District Policy DP374 – Employment Background Checks.
        2. The District will follow established reporting guidelines when notifying the Utah State Office of Education.
        3. Any arrest or conviction for substance abuse-related activity or failure to report an arrest or conviction will result in disciplinary action as outlined in District Policy DP374 – Employment Background Checks.
        4. The District will provide adequate due process for the employee as outlined in District policies DP316 NEG—Orderly Termination Procedures – Licensed; DP316A—Orderly Termination Procedures – Administrators; and DP316B—Orderly Termination Procedures - Education Support Professionals.
    4. Discipline
      In the event an employee tests positive for unlawful controlled substances; tests positive for alcohol; refuses to submit to a drug or alcohol test; attempts to taint, avoid, delay or circumvent the testing process; is arrested (charged or convicted) on a alcohol or drug-related offense; or violates this policy in some other way, the District will initiate appropriate administrative and criminal investigations, and a confirmed violation of this policy may result in discipline up to and including termination of employment.
    5. Employee Assistance
      1. An employee who feels he/she may have alcohol and/or drug dependency problem is encouraged to contact the District Employee Assistance Program (EAP).  Employees are responsible to seek assistance for substance abuse problems before policy infractions occur and disciplinary action is necessary.
      2. The District will provide an EAP at no cost designed to provide professional and confidential assistance to employees.
      3. Employees are encouraged to seek short-term help from the Jordan Family Education Center at no cost.
      4. The District will provide a reasonable accommodation to seek treatment for employees who voluntarily report dependency problems.  Employees needing extensive help from a licensed treatment facility (in-patient or out-patient) will incur all associated treatment costs.
      5. Once the substance abuse policy is violated, subsequent enrollment in a treatment program will not necessarily lessen disciplinary action and may have no bearing on the determination of appropriate disciplinary action.

Published on
  • Effective: 7/8/1986
  • Revision: 8/24/2021
  1. Board Directive
    The Board recognizes that the possession, use, or distribution of illegal drugs, alcoholic beverages, or other prohibited substances constitutes a hazard to students and is disruptive to the educational process.  The Board mandates, consistent with federal and state law, the development and implementation of programs that: 1) provide information about the harmful effects of drug and alcohol use, 2) coordinate efforts by schools and parents or guardians in preventing drug and alcohol use, 3) assist parents or guardians of students who use drugs or alcohol in seeking professional help from public and private educational and rehabilitative agencies, and 4) use restorative practices consistent with State Board Rule R277-613.
    The Board delegates to the Administration, responsibility for providing:  1) drug and alcohol use prevention programs, 2) disciplinary procedures and consequences for students who possess, use, or distribute illegal drugs, alcoholic beverages, or prohibited substances on school district property, during school hours, or at school functions, 3) support for students and families in drug and alcohol use identification and prevention efforts, and 4) use of appropriate restorative practices.
  2. Administrative Policy
    The Administration recognizes the need to prevent the possession, use, and distribution of any substance listed in this policy on school district property, during school hours, and/or at any school-sponsored activity, including those held off school property.

    1. Illegal Substance Violations
      Substances defined as illegal, including violations under Utah Code §76-10-101 et. seq.,  §58-37-4 et. seq., or §32B-1-102 et. seq., (e.g.  illegal use of marijuana or any psychotoxic chemical, narcotics, opiates, alcoholic beverages, prescription medications containing controlled substances) are prohibited.

      1. Possessing (personal or property), using (consuming, inhaling, or injecting), or being under the influence of illegal substances
        1. First Violation
          1. ) A student possessing, using, or under the influence of illegal substances for the first time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) The student shall be enrolled in the Jordan District online First Offender Drug or Alcohol course. The student may return to school after providing a certificate of course completion or the student has missed five (5) school days.
          3. ) Parent(s) or guardian(s) will be required to coordinate homework assignments with a designated school representative during the intervening time.
          4. ) If the online course is not completed, the student may be placed in a school-based alternative education program to complete the course.
        2. Second Violation
          1. ) A student possessing, using, or under the influence of illegal substances for the second time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) At the meeting, the student shall be placed in a school or home-based alternative education program for ten (10) school days.
          3. ) In addition, the student who has a second violation must enroll in the District’s Substance Abuse and Family Education (S.A.F.E.) course and submit to a written assessment for potential substance dependence.
          4. ) The first session of the S.A.F.E. course must be attended prior to returning to school and the student may be placed in a school or home-based alternative education program if the course is not completed.
          5. ) A confirmation of the assessment appointment must be received by the administrator of Student Support Services before the student is readmitted to school.
          6. ) Parent(s) or guardian(s) will be required to coordinate homework assignments with a designated school representative during the intervening time.
        3. Third or Subsequent Violation
          A student possessing, using, or under the influence of illegal substances for the third time shall be suspended to a District Safe Schools Hearing pending a meeting with the school administrator and parent(s) or guardian(s).
      2. Distributing (Selling, Sharing, or Delivering)
        1. First Violation
          1. ) A student distributing illegal substances for the first time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) At the meeting, the student shall be placed in a school or home-based alternative education program for ten (10) school days.
          3. ) In addition, the student who has a distribution violation must enroll in the District’s Substance Abuse and Family Education (S.A.F.E.) course and submit to a written assessment for potential substance dependence.
          4. ) The first session of the S.A.F.E. course must be attended prior to returning to school and the student may be placed in a school or home-based alternative education program if the course is not completed.
          5. ) A confirmation of the assessment appointment must be received by the administrator of Student Support Services before the student is readmitted to school.
          6. ) Parent(s) or guardian(s) will be required to coordinate homework assignments with a designated school representative during the intervening time.
        2. Second or Subsequent Violation
          A student possessing, using, or distributing illegal substances following a first distribution violation shall be suspended to a District Safe Schools hearing pending a meeting with the school administrator and parent(s) or guardian(s).
    2. Counterfeit Substances Violations
      Any substance that is falsely represented to be any legally or illegally manufactured controlled substance that a reasonable person would believe to be a legal or illegal controlled substance. This is to include but not limited to the drugs listed on the DEA Drug Fact Sheet and counterfeit substances as defined in Utah Code §58-37-2 Utah Controlled Substances Act.

      1. Possessing (Personal or Property)
        1. First Violation
          1. ) A student possessing counterfeit substances for the first time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) At the meeting, this policy will be reviewed and written documentation of the violation will be placed in the student’s disciplinary file.
          3. ) The student shall be readmitted to school after the meeting.
        2. Second or Subsequent Violation
          1. ) A student possessing counterfeit substances for the second time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) The student shall be enrolled in the Jordan District online First Offenders Drug or Alcohol course.
          3. ) The student may return to school after providing a certificate of course completion or the student has missed five (5) school days.
          4. ) Parent(s) or guardian(s) will be required to coordinate homework assignments with a designated school representative during the intervening time.
          5. ) If the online course is not completed, the student may be placed in a school-based alternative education program to complete the course.
      2. Distributing (Selling, Sharing, or Delivering)
        1. First Violation
          1. ) A student distributing counterfeit substances for the first time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) At the meeting, this policy will be reviewed.
          3. ) Disciplinary consequences for distributing counterfeit substances will be a referral to the First Offenders Drug and Alcohol class.
        2. Second Violation
          1. ) A student distributing counterfeit substances for the second time shall be suspended, whether in-school or out-of-school pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) The student shall be enrolled in the Jordan District online First Offenders Drug or Alcohol course.
          3. ) The student may return to school after providing a certificate of course completion or the student has missed five (5) school days.
          4. ) Parent(s) or guardian(s) will be required to coordinate homework assignments with a designated school representative during the intervening time.
          5. ) If the online course is not completed, the student may be placed on a school-based alternative education program to complete the course
        3. Third or Subsequent Violation
          1. ) A student distributing counterfeit substances for the third time shall be suspended, whether in-school or out-of-school pending a meeting with the school administrator and parent(s) or guardian(s).
          2. ) At the meeting, the student shall be placed in a school or home-based alternative education program for ten (10) school days.
          3. ) In addition, the student who has a distribution violation must enroll in the District’s Substance Abuse and Family Education (S.A.F.E.) course and submit to a written assessment for potential substance dependence.
          4. ) The first session of the S.A.F.E. course must be attended prior to returning to school and the student may be placed in a school or home-based alternative education program if the course is not completed.
          5. ) A confirmation of the assessment appointment must be received by the administrator of Student Support Services before the student is readmitted to school.
          6. ) Parent(s) or guardian(s) will be required to coordinate homework assignments with a designated school representative during the intervening time.
    3. Medication Substance Violations
      Possession, use, influence, or distribution of prescription medications for which an individual has no prescription, including those with controlled substances listed in Utah Code §58-37-4, shall be administered according to the Illegal Substance Violations provisions of this policy.
      Possession, use, influence, or distribution of prescription medication for which an individual has a prescription or over-the-counter medication in excess of a 12-hour dose (or appropriate dosage amount for the school-sponsored activity) shall be administered as follows:

      1. First Violation
        1. A student possessing, using, under the influence, or distributing medication for the first time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
      2. Second or Subsequent Violation
        1. A student possessing, using, under the influence, or distributing medication for the second or subsequent time shall be suspended, whether in-school or out-of-school, pending a meeting with the school administrator and parent(s) or guardian(s).
        2. Additional interventions including (but not limited to) those listed under the Illegal Substance Violation provisions of this policy may be used.
    4. Tobacco/Nicotine Violation
      Illegal possession of tobacco, cigarettes or any oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, vapor sticks, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device. (Utah Code §76-10-1-101, 104, 105, 111).

      1. Tobacco, tobacco/nicotine products, e-cigarettes, and paraphernalia shall be confiscated.
      2. Parent(s) or guardian(s) will be contacted by the school administrator.
      3. Possessing (Personal Property), Using (Consuming, Inhaling, Influence), or Distributing (Selling, Sharing, or Delivering)
        1. A student using, possessing, or distributing tobacco/nicotine may be suspended, whether in-school or out-of-school, and/or attend a tobacco cessation class online or in-person at the Jordan Family Education Center.
    5. Procedures
      1. Due process procedures outlined in policy AS67 Discipline of Students will be followed in the administration of this policy.
      2. All illegal activity covered by this policy will be reported to an appropriate law enforcement agency except as defined in Utah Code §53G-8-211. Jordan School District will enforce the disciplinary consequences outlined in this policy independent of any criminal charge or court action.
      3. Violations covered by this policy while off-campus but during regular school hours shall be subject to the provisions of this policy.
      4. Students found in possession of drug paraphernalia as defined in Utah Code §58-37a-3 will be subject to the Possession and Use of Illegal Substances section of this policy.
      5. During the time a student is on a school or home-based alternative education program, the student may not be a spectator or participant in any school-sponsored activity, including graduation exercises.
      6. If the designated days of school, home-based, or virtual alternative education cannot be completed by the end of the regular school year, the school, home-based, or virtual alternative education program shall be completed prior to attending a District school the following school year.
      7. Students placed on a home-based or virtual alternative education program (usually through a District Safe Schools Hearing), which may result in a multi-year placement, may not participate in any school-sponsored activity for the period of the placement.
      8. District personnel will assist with identifying appropriate agencies qualified to make written assessment of potential substance dependence for students who violate the provisions of this policy. These assessments will be at the expense of the parent(s) or guardian(s).
      9. Records will be maintained on all illegal substance violations by Student Support Services. A student with more than one violation in any thirty-six (36) month period will be considered a repeat offender even if the earlier violation(s) occurred in a prior school year, grade, level, or a different Jordan District school.
      10. Students violating this policy, may be suspended, placed on probation, leave, or removed from participation in leadership positions, candidacy for leadership positions, school organizations, academic teams and/or athletic teams.
      11. If an employee has reasonable cause to believe that a student has committed a prohibited act, he/she shall immediately report the violation to the school’s administrator (Utah Code §53G-8-502) who shall immediately report the violation to the student’s parent(s) or guardian(s). The violation may be reported to an appropriate law enforcement agency under Utah Code §53G-8-211. The identity of the educator who made the initial report may not be disclosed to the student or student’s parent(s) or guardian(s) (Utah Code §53G-8-503).
      12. When a violation of this policy constitutes a substantive health and/or safety concern for students or the school and after consultation and approval by the administrator in Student Support Services, the student may be suspended to a District Safe Schools Hearing.
      13. Students in a substance abuse treatment program that meets the licensing qualifications of the Utah State Department of Human Services may be awarded education credit as a part of the student’s Plan for College and Career Readiness (P.C.C.R.).
        1. One (1.0) elective credit may be earned for completion of an in-patient treatment program.
        2. Required and elective credit may also be earned during in-patient treatment through participation in an accredited educational program including virtual options.
        3. One (1.0) elective credit may be earned for participation in an approved aftercare program. A schedule of the aftercare program and verification of regular attendance must be submitted to the school.

Revision History: 1/27/09, 2/25/14, 5/24/16, 10/25/16, 9/25/18