PERSONNEL/UNLAWFUL DRUGS IN THE WORKPLACE
Introduction:
Unlawful drugs cannot be tolerated in our workplace. They impair the ability of employees to function, contribute to increased absenteeism and tardiness, and result in a loss of public confidence in us as public servants. They erode our district's commitment to educate our students to the dangers of drugs, and are a violation of the rules of the workplace in the Benton Harbor Area Schools. The use of unlawful drugs often leads to the disruption of work schedules, with dissatisfaction among the great majority of employees who are sincerely trying to do conscientious jobs, and inappropriately signal to our students that the use of unlawful drugs is an acceptable form of behavior. The possession, use, sale, and abuse of unlawful drugs in the workplace also creates health and safety hazards to employees, students, parents, and visitors, and will not be tolerated.

It is the Board's belief that the combination of these factors relating to unlawful drugs in the workplace has a potentially damaging effect on the district's efficiency as an entity, and thus endangers the district, our employees, our students and their families, and the public which we serve. Therefore, as a precondition of employment, all candidates shall be tested for drugs and certification from a doctor that they are free from drugs will be required.

Policy:
Employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of any and all controlled substances in the workplace. Note: Possession in the workplace of individual prescribed drugs provided by a licensed physician/dentist to an employee for personal use shall be exempt from this policy.

Employees who violate the terms of this policy statement will be subject to disciplinary action, including immediate dismissal, at the discretion of the district, as set forth in the rules and regulations published for employees.

"Controlled substances" includes, without limitation, any substances listed in Schedules I through V of Section 812 of Title 21 of the United States Code as amended. The term includes not only substances such as heroin, cocaine, and marijuana, but many substances ordinarily prescribed by a physician and obtainable only from a registered pharmacist. If an employee has any doubt whether a substance is a "controlled substance", the employee should immediately contact a licensed physician or registered pharmacist.

"Manufacture, distribution, dispensing, possession, or use" of a controlled substance includes any activity related to any of those activities, including preparing such a substance for use, sale or giving such a substance to another person, or having such a substance in an employee's possession or immediate control such as in a vehicle, locker, or desk.

"Workplace" means any of the buildings or properties of the district, including schools, offices, vehicle garages, parking lots, or places where employees are assigned to work.

It also includes vehicles owned or controlled by the district, whether at a district location or while in use. It also includes the location that any employee is performing services for the district for which they are paid, even if not a regular district facility.

District's Drug Free Awareness Program:
The Board recognizes that, in some cases, unlawful drug use and abuse is a result of drug dependency, which some authorities believe is a disease.

The Board believes that unlawful drug use must be dealt with firmly, immediately, and efficiently. To that end, the Board has directed the Superintendent to establish a Drug Free Awareness Program to inform employees about the dangers of workplace drug abuse. Through this program, it is the Board's intent to maintain a totally drug free workplace, as required by law and as set forth in this policy, and to advise employees of the availability of drug counseling, rehabilitation, and employee assistance programs. Another purpose of the Drug Free Awareness Program shall be to advise employees of the penalties and sanctions that may be imposed upon employees who abuse drugs.

Availability of Assistance Programs:
A number of programs providing drug counseling, rehabilitation, and employee assistance are available in the Benton Harbor area. Among these are the following:

1. HORIZON RECOVERY CENTER, Mercy-Memorial Hospital, 960 Agard, Benton Harbor (927-5433).
2. ALCOHOL-DRUG ABUSE PROGRAM, Berrien County Health Department, 756 Pipestone, Benton Harbor (926-7135).
3. COUNSELING INTERVENTIONS, Employee Assistance Program, 2095 Niles Road, St. Joseph (983-3100).
4. LIFEBACK, Memorial Hospital of Michigan City, 125 E. 5th, Michigan City IN (219-872-9134).

The names and addresses of other programs can be obtained from local medical institutions and hospitals. The business section and yellow pages of local telephone books also contain listings of programs aimed at assisting employees with drug dependency and abuse problems.

In some cases, our employee benefit programs may provide assistance for abuse programs. Employees should examine their benefit information concerning this possibility. Further questions may be directed to the Human Resources Office.

Notice to Employees of Conditions of Employment Regarding the Drug Free Workplace and Penalties That May Be Imposed Upon Employees:

Employees are required, as a condition of employment, to abide by the Board's policy regarding a drug free workplace as set forth in this statement. In addition to abiding by this policy, employees must also do the following:

1. Acknowledge, in writing, receipt and understanding of this policy statement.
2. Notify the Assistant Superintendent for Human Resources/Labor Relations of any criminal drug statute conviction (whether federal, state, or local) occurring in the workplace no later than five (5) days after the date of that conviction. In the event of such a conviction, within thirty (30) days after receiving a notice of such conviction, the district will (and reserves the right to) impose the following penalties on any employee convicted of such a statute occurring in the workplace:

1. Take such personnel action as the district deems appropriate, up to and including termination of employment; or
2. Require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program designated by the district; or
3. Any combination of (A) and (B) above.

3. Written forms are available from all supervisors to report convictions relating to workplace drug violations. In the event that an employee has knowledge of, but fails to report such a conviction, the employee shall be immediately terminated from employment.
4. Any employees having questions regarding the Board's statement of policy or any other items set forth in this "Notice and Statement of Policy" should contact the Human Resources Office.
5. Any disciplinary action pursuant to this policy shall be consistent with the "Progressive Corrective Discipline Guidelines" as adopted January 1, 1981 and revised August 13, 1991 and the appropriate Collective Bargaining Agreement in effect.