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Policy GBEC
The South Portland Board of Education recognizes that alcoholism and drug dependencies are treatable diseases. Left untreated, they may result in serious personal and family problems. At the same time, the Board is also seriously concerned about the effects of alcohol and drug dependency upon an employee’s job performance and ability to serve as a role model for our students.
The South Portland Board of Education believes strongly that all employees and students should be able to work and learn in an environment free from alcohol and drug abuse. Accordingly, the Board expects all employees to report for work and to perform their duties in a manner that does not jeopardize the health, safety and well being of co workers and students.
No employee shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance (as defined in schedules I through V of section 202 of the federal Controlled Substance Act (21 U.S.C., Sec. 812); by federal regulation at 21 C.F.R., 1300.11 through 1300.15; and in Maine’s Title 17-AMRSA, section 1101). This applies before, during and after school hours at school or in any other school system location, defined as follows:
“School system location” means in any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as field trip or athletic event, where students are under the jurisdiction of the school unit; or during any period of time such employee is supervising students on behalf of the school system or otherwise engaged in school unit business.
Any employee who suspects that he or she may have an alcohol or drug dependency problem is strongly encouraged to seek voluntary diagnosis and treatment. All employees will be provided a list of confidential referral services to an outside agency, and assisted in determining the extent to which insurance coverage to help pay for such services. All voluntary referrals and requests for information shall be kept confidential.
Any violation of this policy shall constitute sufficient grounds for employee discipline, up to and including dismissal. Any illegal use, possession, furnishing, selling or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph may, depending upon the circumstances, constitute sufficient grounds for discipline, up to and including dismissal. Referrals under foregoing paragraphs of this policy will not preclude disciplinary action under this paragraph, depending on the circumstances.
As provided in the Drug-Free Workplace Act of 1988, any employee is required to notify the superintendent of schools of a criminal or civil conviction for a drug violation occurring in the workplace no later than five calendar days after such conviction.
Within 30 days after receiving notice, the Board is to:
take appropriate personnel action against such employee up to and including termination; or
require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.
In turn, the superintendent, within 10 calendar days of learning of such a conviction, is to give written notification to the U. S. Department of Education and to any other federal agency from which South Portland Schools receives grant funds.
Communication
A copy of this policy is to be given or mailed to all current employees and to new employees at the time of their employment, and is to be posted in appropriate locations throughout the school system.
Review
The superintendent is to oversee a biennial review of the policy and regulations to determine the program’s effectiveness, to implement changes to programs, policy and regulations, as needed, and to ensure that disciplinary sanctions are consistently enforced.
Adopted: November 1990
Revised: April 1992
Revised: January 1995
Revised: February 1996
Revised: July 1998
*Please excuse any formatting errors.
