522.1

ALCOHOL AND DRUG-FREE WORKPLACE

The School Board believes that an alcohol-free and drug-free workplace promotes safety, health, and productivity. In addition, District employees who misuse alcohol or drugs can undermine the Board’s learning objectives for students, erode the public’s confidence in the District’s programs and operations, and present a danger to themselves, students, coworkers, and other persons.

District employees are prohibited from engaging in the following conduct on Districtpremises, in any vehicle being used for District business, or, regardless of location, at any District-authorized activity, event, or function at a time when the employee is acting in the scope of his/her employment, responsible for District students, or otherwise acting as an agent of the District:

• The unlawful manufacture, distribution, dispensation, possession, or use of alcohol or a controlled substance.
• Attempting or intending to unlawfully sell or otherwise distribute alcohol or controlled substances.
• Being under the influence of a controlled substance, except that an employee may possess, and work while he/she is taking, over-the-counter medication(s) and his/her own prescription medication(s) provided that (1) the employee follows the relevant instructions for and does not misuse the medication(s), and (2) the use of the medication(s) does not prevent the safe and acceptable performance of the employee’s job duties.
• Possessing, selling, or distributing, or attempting to sell or distribute, look-alikecontrolled substances (substances that are represented as an illegal drug regardless of the true nature of the substance) or any unlawful synthetic drugs that are not expressly classified as a controlled substance but that purportedly produce similar subjective effects to illegal drugs.
• Using or being under the influence of a hazardous inhalant.
• Possessing, using, or distributing drug paraphernalia.

Employees are notified by this policy that where an employee’s off-duty conduct relating to alcohol or controlled substances has a legally sufficient connection to the individual’s employment, the off-duty conduct can serve as the basis for employment-related discipline or other employment-related consequences.

Certain employees may be subject to further requirements and restrictions related to alcohol and controlled substances based on their positions or job duties. For example, an employee who is engaged in the performance of a federal contract or qualifying federal grant must notify the District Administrator of any criminal drug statute conviction for a violation that occurred in the workplace. This notification shall be made within five (5) days of the conviction. The District Administrator or his/her designee must notify the appropriate federal agency and take other appropriate action.

Adherence to the District’s alcohol-free and drug-free workplace policy is a condition of employment with the District. Employees who violate the District’s policies or rules regarding these substances are subject to consequences.

In addition to any consequences that may be required by applicable laws, possible consequences include referral to drug and alcohol counseling or rehabilitation programs (including the District Employee Assistance Program), reassignment, and monitoring plans) which, to the extent permitted by law, may include testing), discipline (up to and including termination), and/or, if determined to be appropriate, referral to law enforcement officials. A referral for evaluation, counseling, or treatment does not include any District commitment to pay for such services.

This policy, or a reference to and summary of this policy, shall be included in the District’s Employee Handbook and annual training.

Legal References:
Wisconsin Statutes Section 111.35, Section 121.02(1)(i), Section 125.09, Section 346.63, Section 939.22(15) and Chapter 961
Administrative Code Trans 300.16

Federal Laws and Regulations:
41 U.S.C Ch. 81
2 C.F.R. Ch. 1, Part 182, Subpart B
21 C.F.R. Part 1308

Cross References:
Employee Alcohol and Drug Testing, 523.11

Adoption Date: October 9, 1989

Amended Date: June 23, 2008

Amended Date: January 8, 2024