Series 4000: District Employment

A. General

Employees serve as role models to students at school and in the community. Employee substance abuse constitutes a threat to the physical and mental wellbeing of employees and students and significantly impedes job performance and effectiveness.

The District maintains a drug and alcohol free workplace. In addition, to the extent permitted by law, the District strives to maintain a tobacco product free workplace. 

B. Definitions

1. “Illicit substance” means any consumable alcohol; illegal drugs, including but not limited to those substances defined as “controlled substances” pursuant to federal or state law; marihuana; anabolic steroids, human growth hormones or other performance-enhancing drugs; and substances purported to be illegal, abusive, or performance-enhancing (i.e., “look-alike” drugs). This definition also includes any other substance used by an employee as an intoxicant.

2. “District premises” means District buildings, facilities, or other District property which is owned, leased, or used for a District purpose or District-owned vehicles or vehicles used for a District purpose.

3. “District purpose or function” means a District-sponsored or District-approved activity, event, function or other activity performed by an employee under the District’s jurisdiction, which is within the scope of employment, duties, or job description.

4. “Tobacco product” means a form of tobacco intended to be inhaled, chewed, or placed in a person’s mouth.

5. “Under the influence” means the use or misuse of an illicit substance or other intoxicant (including over-the-counter and prescription medication) by an employee that in any degree impairs, negatively affects, or tends to deprive that person of any physical or mental capacity normally possessed and required to perform job responsibilities.

6. “Reasonable suspicion” means specific, contemporaneous, and articulable observations concerning an employee’s behavior, speech, appearance, and odor that suggests the employee is under the influence of an illicit substance. 

C. Standards of Conduct

Employees are prohibited from the following conduct on District premises or at a District function

1. manufacturing, selling, soliciting, possessing, using (including application, injection, inhalation, or ingestion), dispensing, or distributing any illicit substance;

2. being under the influence as defined in this Policy;

3. misusing over-the-counter and prescription medications;

4. manufacturing, selling, soliciting, dispensing, or distributing any tobacco product; or

5. using a tobacco product on District premises, except:

     a. at outdoor areas including, but not limited to, an open-air stadium, on Saturdays, Sundays, and other days on which there are no regularly scheduled school hours, or 

     b. after 6 p.m. on days during which there are regularly scheduled school hours;

Violating these standards will subject an employee to discipline, including discharge

If a reasonable suspicion exists that an employee is under the influence, the Superintendent or designee may direct the employee to submit to a drug test or breathalyzer. If the employee refuses, the employee may be subject to discipline, including discharge, based on the District’s observations

Legal authority: 20 USC 7101 et seq.; 41 USC 8101 et seq.; 42 USC 12101 et seq.; Schedules I-V of Chapter 13 of the Controlled Substances Act, 21 USC 812; 29 USC 701 et seq.; MCL 37.1211; Schedules 1-5 of the Michigan Uniform Controlled Substances Act, MCL 333.7201 et seq.; MCL 380.11a, 380.601a; MCL 436.1101 et seq.; MCL 750.473.

Date adopted: 08/09/2021

Date revised: 06/19/2023