5:50 GENERAL PERSONNEL - 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 or being on call for the District:
1. Unlawful manufacture, dispensing, distribution, possession, or use of an illegal or controlled substance.
2. Distribution, consumption, use, possession, or being impaired by or under the influence of an alcohol beverage; being present on District premises or while performing work for the District when alcohol consumption is detectible, regardless of when and/or where the use occurred.
3. Manufacture, distribution, consumption, possession, use, or being impaired by or under the influence of cannabis; being present on District premises or while performing work for the District when impaired by or under the influence of cannabis, regardless of when and/or where the use occurred, unless distribution, possession, and/or use is by a school nurse or school administrator pursuant to Ashley’s Law, 105 ILCS 5/22-33.7. The District considers employees impaired by or under the influence of cannabis when there is a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position.
Upon the Superintendent or designee’s reasonable suspicion of an employee’s violation of any of the prohibited activities stated above, the Superintendent or designee may direct the employee to undergo a drug and/or alcohol test to corroborate or refute the alleged violation. State law protects the District from liability when it takes actions pursuant to a reasonable workplace drug policy, including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing, reasonable and nondiscriminatory random drug testing, discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test. For purposes of this policy a controlled substance is one that is:
1. Not legally obtainable;
2. Being used in a manner different than prescribed;
3. Legally obtainable, but has not been legally obtained; or
4. Referenced in federal or State controlled substance acts.
“’On call’ means a time in which an employee is scheduled with at least 24 hours’ notice to be on standby or otherwise responsible for performing tasks related to his or her employment either at the District or school premises or other previously designated location to perform a work-related task.”
For purposes of this policy, District premises means workplace as defined in the Cannabis Regulation and Tax Act (CRTA) in addition to District and school buildings, grounds, and parking areas; vehicles used for school purposes; and any location used for a School Board meeting, school athletic event, or other school-sponsored or school-sanctioned events or activities. School grounds means the real property comprising any school, any conveyance used to transport students to school or a school-related activity, and any public way within 1,000 feet of any school ground, designated school bus stops where students are waiting for the school bus, and school-sponsored or school-sanctioned events or activities. “Vehicles used for school purposes” means school buses or other school vehicles.
As a condition of employment, each employee shall:
1. Abide by the terms of the Board policy respecting a drug- and alcohol-free workplace; and
2. 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 five calendar days after such a conviction.
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.
To make employees aware of dangers of drug and alcohol abuse, the Superintendent or designee shall perform each of the following:
1. Provide each employee with a copy of this policy.
2. Post notice of this policy in a place where other information for employees is posted.
3. Make available materials from local, state, and national anti-drug and alcohol-abuse organizations.
4. Enlist the aid of community and state agencies with drug and alcohol information and rehabilitation programs to provide information to District employees.
5. Establish a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace,
b. Available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
c. The penalties that the District may impose upon employees for violations of this policy.
E-Cigarette, Tobacco, and Cannabis Prohibition
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 e-cigarettes, tobacco, and cannabis 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 has the meaning provided in 105 ILCS 5/10-20.5b.
Cannabis has the meaning provided in the CRTA. 410 ILCS 705/1-10.
E-Cigarette is short for electronic cigarette and includes, but is not limited to, any electronic nicotine delivery system (ENDS), electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be sed to build the product or device.
District Action Upon Violation of Policy
An employee who violates this policy may be subject to disciplinary action, including termination. In addition or alternatively, the 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.
The Board reserves the right to interpret, revise, or discontinue any provision of this policy pursuant to policy 2:240, Board Policy Development.
LEGAL REF.: 42 U.S.C. §12114, Americans With Disabilities Act
21 U.S.C. §815; 21 C.F.R. §1308.11-1308.15, Controlled Substances Act
41 U.S.C. §701 et seq. Drug-Free Workplace Act of 1988,
20 U.S.C. §7101 et seq., Safe and Drug-Free School and Communities Act of 1994
30 ILCS 580/, Drug-Free Workplace Act/.
105 ILCS 5/10-20.5b.
410 ILCS 82/, Smoke Free Illinois Act.
410 ILCS 130/, Compassionate Use of Medical Cannabis Program Act.
410 ILCS705/1-1 et seq., Cannabis Regulation and Tax Act.
720 ILCS 675, Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.
820 ILCS 55/, Right to Privacy in the Workplace Act.
21 C.F.R. Parts 1100, 1140, and 1143.
23 Ill. Admins. Code §22.20.
CROSS REF.: 5:10 (Equal Employment Opportunity and Minority Recruitment), 5:120 (Employee Ethics; Conduct; and Conflict of Interest), 6:60 (Curriculum Content), 8:30 (Visitors to and Conduct on School Property)
ADOPTED: November 22, 2004
REVISED: June 27, 2011
August 19, 2013
January 26, 2015
May 26, 2020