III. M. Drug Free Workplace Policy

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The West Warwick School Department maintains a drug-free workplace. Employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the School Department's workplace. Violation of this policy shall result in an appropriate disciplinary action.

As a condition of employment, employees shall:

1. Abide by the terms of this policy, and

2. Each employee shall notify the School Department of his or her criminal drug statute violation occurring in the workplace no later than five days after a conviction of said violation

Policy adopted: March 12, 1990

Policy amended: August 30, 1993

The Drug-Free Workplace Act of 1988 (Public Law 100-690) effective March 18, 1989, requires federal government grant recipients to maintain a drug-free workplace.

A. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, to include but not limited to alcohol, is prohibited in the employee’s workplace. That any employees in violation of such prohibition shall be subject to a disciplinary action by the West Warwick School Committee as stated in paragraph E.

B. The West Warwick School Committee, through its Superintendent, shall establish a drug-free awareness program to inform the employees about:

1. The dangers of drug abuse in the workplace

2. The School Committee’s policy of maintaining a drug-free workplace

3. Any available drug counseling, rehabilitation, and employee’s assistance program

4. The penalties that may be imposed upon employees for drug violations.

C. Each employee shall be given a copy of the policy

D. All current and new employees shall be notified that, as a condition of either future or further employment, the employee shall:

1. The employee shall abide by the terms of paragraph A.

2. The employee shall notify the employer of his or her criminal drug statute conviction for a violation occurring within the workplace no later than five (5) days after such conviction.

E. The employer shall, within thirty (30) days after receiving notice from an employee of a conviction of any criminal drug statute for a violation occurring within the workplace or upon notice that the employee is in violation of paragraph A, take the following action:

1. The School Committee shall take appropriate personnel action against such employee up to and including terminations, or

2. 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

F. It shall be the policy of the West Warwick School Committee to make a good faith effort to continue to main a drug-free workplace through the implementation of this policy.

Definations

1. The term "drug-free workplace" means a site for the performance of work done in connection with a specific grant or contract described in the Drug-Free Workplace Act of 1988

2. The term "employee" means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the provisions of the grant or contract described in the Drug-Free Workplace Act of 1988

3. The term "controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812), including alcohol

4. The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes

5. The term "criminal drug statute" means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance

6. The term "grantee" means the department, division, or other unit of a person responsible for the performance under the grant

7. The term "contractor" means the department, division, or other unit of a person responsible for the performance under the contract

8. The term "Federal agency" means an agency as that term is defined in section 552(f) of title 5, United States Code

Policy adopted: March 12, 1990

Policy revised: August 30, 1993