5:050 Drug- and Alcohol-Free Workplace; Tobacco Prohibition
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:
- Unlawful manufacture, dispensing, distribution, possession, use, or being under the influence of a controlled substance.
- Distribution, consumption, use, possession, or being under the influence of alcohol; being present on District premises or while performing work for the District when alcohol consumption is detectable, regardless of when and/or where the use occurred.
- Possession, use, or being under the influence of medical cannabis.
For purposes of this policy a controlled substance means a substance that is:
- Not legally obtainable,
- Being used in a manner different than prescribed,
- Legally obtainable, but has not been legally obtained, or4
- Referenced in federal or State controlled substance acts.
As a condition of employment, each employee shall:
- Abide by the terms of the Board policy respecting a drug- and alcohol-free workplace; and
- 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:
- Provide each employee with a copy of this policy.
- Post notice of this policy in a place where other information for employees is posted.
- Make available materials from local, State, and national anti-drug and alcohol-abuse organizations.
- Enlist the aid of community and State agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees.`
- Establish a drug-free awareness program to inform employees about:
- The dangers of drug abuse in the workplace,
- Available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
- The penalties that the District may impose upon employees for violations of this policy.
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.
All employees are covered by the conduct prohibitions contained in policy 8:30, Visitors to and Conduct on School Property. The prohibition on the use of tobacco 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.
District Action Upon Violation of Policy
An employee who violates this policy may be subject to disciplinary action, including termination. Alternatively, the School Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse rehabilitation program.
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.
Americans With Disabilities Act, 42 U.S.C. § 12114.
Controlled Substances Act, 21 U.S.C. § 812; 21 C.F.R. 1308.11 – 1308.15.
Drug-Free Workplace Act of 1988, 41 U.S.C. § 701 et seq.
Safe and Drug-Free School and Communities Act of 1994, 20 U.S.C. § 7101 et seq.
Drug-Free Workplace Act, 30 ILCS 580/1 et seq.
Compassionate Use of Medical Cannabis Pilot Program (Medical Cannabis Act) (410 ILCS 130/, added by P.A. 98-122, eff. 1-1-14)
Date Adopted: December 12, 2006
Date Amended: January 26, 2016