4100 - Alcohol and Drug Free Workplace

Policy 4100 Alcohol and drug free workplace title box


It is the policy of the Southwest Vermont Supervisory Union, Bennington School District, Inc., Mount Anthony Union School District, North Bennington Graded School District, Pownal School District, Shaftsbury School District, and Woodford School District to maintain a workplace free of alcohol and drugs. No employee will unlawfully manufacture, distribute, dispense, possess or use alcohol or any drug (as defined below) on or in the workplace.

I. Definitions

A. Drug means any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined by state or federal statute or regulation.
B. Workplace means the site for the performance of work for the Districts, including any school building or any school premises and any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities. It also includes off school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event, where students are under the jurisdiction of the Districts.

II. Employee Responsibilities

As a condition of employment, each employee will notify the Superintendent in writing of his or her conviction of any criminal drug statute for a violation occurring on or in the workplace as defined above. The employee must notify the Superintendent no later than five days after such conviction. Entry of a nolo contendere plea shall constitute a conviction for purposes of this policy, as will any judicial finding of guilt or imposition of sentence. Within 10 days of notification from an employee, or receipt of actual notice of an alcohol or drug conviction, the Superintendent will notify any federal or state officers or agencies legally entitled to such notification.

As a condition of employment, each employee must abide by the terms of the Districts’ policy respecting an alcohol and drug free workplace.

An employee who violates the terms of this policy may be asked to satisfactorily complete an alcohol or drug abuse assistance or rehabilitation program approved by the Board. In addition, an employee who violates the terms of this policy will be subject to disciplinary action, including but not limited to non-renewal, suspension or termination at the discretion of the Board.

III. Administrative Responsibilities

The Board will take action in accordance with the District’s policies and procedures as well as applicable state and federal law.

The Superintendent will establish an alcohol and drug-free awareness program in the District to include information on the dangers of drug abuse in the workplace, the District's policy on an alcohol and drug-free workplace and any alcohol or drug counseling available to employees as well as any available rehabilitation and employee assistance programs.

A copy of this policy will be given by the Superintendent or his or her designee to each District employee.

The Superintendent or his or her designee will conduct a biennial review of the District's student and employee drug prevention programs as required by the Safe and Drug-Free Schools and Communities Act of 1994. The review will determine the effectiveness of the prevention programs and the consistency of the enforcement of disciplinary sanctions. Following each review, required changes will be implemented.

Legal Reference(s):
21 U.S.C. §§1521 et seq. (Drug-Free Communities Act)
20 U.S.C. §§1701 et seq. (Safe and Drug-Free Schools and Communities Act of 1994)
21 C.F.R. §§1308.11 through 1308.15
21 V.S.A. §517 (Employer’s Authority)

Cross Reference:

Policy 4100 warning and adoption dates