Policies and Regulations NEPN Code: GBEC SFSD Logo

Personnel
Drug-Free Work Place

The Sioux Falls School District requires a drug-free learning and working environment.

The District will comply with the Drug-Free Workplace Act. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the work place is prohibited.

As a condition of employment with the District, all employees are required to comply with this policy.

  1. The District supports rehabilitation of employees with drug abuse problems except in those circumstances where drug use has created or could create the risk of injury or death to other employees or to students. Employees may use benefits and leave for which they regularly qualify, in order to meet rehabilitation needs except in the cases governed by Regulation GBECA-R.
  2. Drug-free awareness programs will be established to inform employees of this policy as well as the dangers of drug abuse in the work place and any available resources for counseling, rehabilitation and employee assistance programs.
  3. Employees must notify the Human Resources Department in writing no later than five calendar days of any criminal conviction for a drug statute violation occurring in the work place.
  4. The District will notify any granting agency in writing within 10 calendar days after receiving notice of a conviction for a drug statute violation occurring in the work place from the employee or otherwise receiving actual notice of the drug conviction.
  5. Employees in safety sensitive positions, or positions in which driving is an essential function of the position, must notify the Human Resources Department in writing no later than the start of the next work day of any arrest for drug-related violations.
  6. Discipline will be imposed for violations of this policy which may include a reprimand, suspension, termination or requiring satisfactory participation in a drug abuse or rehabilitation program, in accordance with the respective working agreement as well as a referral for prosecution, if appropriate.
  7. The District will make a good faith effort, on a continuing basis, to maintain a drug-free work place.
  8. This policy and its regulation will be reviewed with every new employee. Annually thereafter, employees will receive an overview, along with instructions to access the full policy and regulation on the District website, and will sign an acknowledgement form indicating they have received the information. Directors and Building Administrators shall submit the signed form to the Human Resources Department.

 

Legal References:

41 U.S.C. §702 et seq. Drug Free Workplace Act of 1988 (as amended)
21 U.S.C. § 811 Controlled Substances Act of 1970 (CSA)
29 CFR Part 94 – Government wide Requirements for Drug-Free Workplace
SDCL 22-42-19 – Drug free zones created--violation as felony

 Relate Policies:

GBECA/GBECA-R – Drug and Alcohol Testing for Commercial Drivers

 

Policy   Board Action (formerly 4134)
Adopted: 07-10-89 24847K  
Amended: 09-27-93 27432.3f  
Amended: 02-27-95 27953  
Amended: 03-11-96 28420  
Amended: 02-27-06 34355  
Amended: 02-14-11 35968  
Reviewed: 08-24-15 37275  
Amended: 02-08-16 37390  
Reviewed: 06-13-16 37489  
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