Objective and Intent
County School Board seeks to establish and maintain a work environment free
from the adverse effects of alcohol and other drugs. The effects of alcohol and other drugs in the
workplace could undermine the productivity of the School Board’s workforce, one
a. Alcohol - Any product defined as alcohol in The Alcoholic Beverage Control Act, Title 4.1 of the Code of Virginia, as amended.
b. Conviction - A finding of guilt (including a plea of guilty or 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 laws, alcoholic beverage control laws, or laws that govern driving while intoxicated.
c. Criminal Drug Law - Any criminal law governing the manufacture, distribution, use or possession of any controlled substance.
d. Controlled Drug - Any substance as defined in the "Drug Control Act," Title 54.1, Chapter 34 of the Code of Virginia, as amended, and whose manufacture, distribution, dispensation, use or possession is controlled by law.
e. Employee - Any employee of the Montgomery County School Board, whether part-time or full-time.
f. Administrators - The person(s) ultimately responsible for an employee's workplace and performance, i.e., the superintendent, assistant superintendent, director, building administrator, or their designees.
g. Other Drug - Any substance other than alcohol, taken into the body, which may impair mental faculties and/or physical performance.
h. Supervisor - The person immediately responsible for an employee's workplace and performance.
i. Workplace - Any School Board owned or leased property or any site where a school division employee is performing assigned duties.
Illegal and/ or Prohibited Acts
Each of the following acts by employees is prohibited under this policy:
a. the unlawful or unauthorized manufacture, distribution, dispensation, possession or use of alcohol or other drugs in the workplace;
b. the impairment in the workplace from the use of alcohol or other drugs (except the use of drugs for legitimate medical purposes);
c. possession or consumption of an alcoholic beverage while operating a school bus and/or transporting children;
d. the criminal conviction for a:
(1) violation of any criminal drug law, based upon conduct occurring either on or off the workplace; or
(2) violation of any alcoholic beverage control law, or law which governs driving while intoxicated, based upon conduct occurring in the workplace;
e. the failure to report to their supervisors that they have been convicted of any offense as defined in Section (c), above, within five (5) calendar days of the conviction;
f. the use of alcohol, narcotics, hallucinogens, depressants, stimulants, or marijuana off School Board property which affects an employee's ability to perform his or her duties, or which generates publicity or circumstances which adversely affects the school division or its employees.
a. Any employee who commits any prohibited act as outlined above shall be subject to the full range of disciplinary actions, including discharge.
b. The disciplinary action chosen must be decided on a case-by-case basis depending on the circumstances and severity of each case. Among the mitigating circumstances, which may be considered is whether the employee voluntarily admits to, and seeks assistance for, an alcohol or other drug problem.
Reporting to Law Enforcement Agencies
Any employee who commits a criminal act related to drugs or alcohol while on school property or at a
school-sponsored event shall be immediately reported to the responsible law enforcement agency.
a. All employees shall abide by the terms of the Montgomery County School Board's policy on alcohol and other drugs.
b. Employees who are convicted of violating 1) a criminal drug law, based on or off the workplace, or 2) an alcoholic beverage control law or law which governs driving while intoxicated, based on conduct occurring in the workplace, must notify the Department of Human Resources of such convictions.
c. Notification under Section (b), immediately above, must be in writing and must be made no later than five (5) calendar days after such conviction. (Appealing the conviction does not affect the requirement to notify the Department of Human Resources of the conviction).
a. Management must provide a copy of this policy on alcohol and other drugs to all employees employed at the date the policy is promulgated and to all employees hired thereafter.
(1) Employees shall be required to sign a form indicating receipt of the policy.
(2) A copy of the policy shall be posted in a conspicuous place(s) in the workplace.
c. The Department of Human Resources shall instruct administrators on how to implement this policy, including how to recognize behaviors that may indicate impairment from alcohol and other drug use; appropriate referral techniques; and resources for alcohol and other drug rehabilitation.
d. Administrators shall be responsible for training their assistants and leadspersons/forepersons on how to recognize behaviors that may indicate impairment from alcohol or drug use, appropriate referral techniques, and available resources for drug and alcohol rehabilitation.
e. Administrators shall inform, on an ongoing basis, all employees of:
(1) the danger of alcohol and other drug use or abuse in the workplace;
(2) available alcohol and other drug counseling;
(3) available approved rehabilitation and employee assistance programs; and
(4) the penalties that may be imposed upon employees for the commission of prohibited acts described in this policy.
f. Administrators shall, within thirty (30) calendar days of receiving notice of any employee's criminal conviction, as defined in the “Prohibited Acts” Section (c), above, or any other violation of this policy, take appropriate disciplinary action against such employee and/or require such employee to participate satisfactorily in an alcohol or other drug rehabilitation program. Satisfactory participation shall be determined by management after:
(1) presentation of adequate documentation by the employee (it is the School Board’s discretion to determine what documentation it will require); and/or
(2) consultation with any rehabilitation program (in the event that consultation is to be with a program that treated the employee, the prior consent of the employee must be obtained).
g. Management shall require contractors working on division worksites to certify that they will comply with the “Prohibited Acts,” Sections (a) and (b), above.
a. Employees with drug or alcohol problems are encouraged to seek counseling assistance.
Management is encouraged to assist employees seeking such counseling. Management should consult with the Department of Human Resources prior to referring an employee to a rehabilitation program.
b. When seeking assistance for alcohol and other drug problems, employees are encouraged to consult with the Department of Human Resources to determine appropriate rehabilitation programs. Not all programs are licensed, accredited, or covered under employees’ health care plans.
c. Other agencies may be contacted to provide assistance and referral information.
d. At the discretion of management, employees may be granted leave from work to participate in rehabilitation programs for treatment of alcohol and other drug problems. Such leave should be considered sick leave.
Confidentiality and Maintenance of Records
All records and information concerning personnel actions related to this policy, shall remain confidential and only be disclosed with the employee's permission, or when the School Board determines that disclosure is necessary for the efficient operation of the School Board.
Coverage of Personnel
This policy is applicable to all Montgomery County School Board employees, whether classified or non-classified, full-time or part-time, salaried or hourly, permanent or temporary, and includes all teaching, non-teaching, and administrative faculty.
The Department of Human Resources is responsible for official interpretation of this policy for all employees. Questions regarding the application of this policy should be directed to the Director of Human Resources.
Drug and Alcohol Testing
The Montgomery County School Board seeks to provide a drug-free, healthful, safe and secure work environment for all employees of the School Board and all students served by the school division.
Drug and Alcohol Testing
a. Annual Testing for Employees Required to Maintain Commercial Driver’s Licenses (CDLs)
All employees who are required to maintain a CDL for employment activities will be required to submit to drug and alcohol testing in accordance with Policy 5-5.3.
b. Testing for Employees Involved In or Connected With Accidents
Any employee may be tested for drug and alcohol use at any time the employee is involved in or connected with an accident involving personal injury or property damage while on the job or an accident involving a government-owned vehicle.
c. Testing When There is Reasonable Suspicion
Any employee may be tested for drug and alcohol use if there is a reasonable suspicion that the employee is using or is under the influence of drugs or alcohol while at work.
a. If an employee is requested to submit to a test for the presence of drugs or alcohol, the employee will be given a full explanation of the testing procedure and will be required to sign a consent form. The Director of Human Resources will work with appropriate staff to develop procedures to be followed when a test for the presence of drugs or alcohol is administered. Such procedures will ensure the protection of the employee's due process rights and will be updated as needed.
b. Trained professionals will perform testing on a very private, strictly confidential basis. All medical information will be considered confidential and will be available only to authorized staff members.
c. Any employee who refuses to be tested or who attempts in any way to avoid the test or to affect the results of the test by any trick or device may be immediately discharged.
a. An employee who is required to maintain a CDL for employment activities and tests positive for detectable levels of drugs or alcohol may be immediately discharged.
b. An employee who tests positive for detectable levels of drugs or alcohol may be immediately discharged.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 4.1-309, 4.1-309.1,18.2-255.2, 22.1-78, 22.1-279.3:1, 22.1-280.1; Regulations Governing Reporting Acts of Violence and Substance Abuse in Schools, 8 VAC 20-560-10; 41 U.S.C. § 702.
Adopted: April 2004
Revised: June 2010