Policy Number: 2170
Dated: June 25th 2020
Table of Contents
With this policy American Leadership Academy affirms a commitment to maintain a Drug-Free Workplace and establish conditions under which the school will conduct testing of employees based on reasonable suspicion that the employee has violated this Policy and is under the influence of alcohol, intoxicants, illegal or misused prescription or over-the-counter medications.
1. Because of the role the school system plays in discouraging students from using controlled substances, it is the policy of American Leadership Academy that employees are required to refrain from illegally using, possessing, manufacturing, dispensing, or selling controlled substances (drugs) in their private lives. Furthermore, employees of the school must be free of the influence, use, possession, selling and dispensing of drugs and alcohol while on duty or on school property.
2. Any employee who has a substance abuse or alcohol abuse problem is encouraged to obtain assistance for his/her problem by admission to a drug or alcohol abuse treatment program. Employees are strongly urged to seek such assistance before their problem has affected his/her ability to effectively perform his/her job responsibilities. The school will not excuse a violation of this policy on the pretext that the employee intended to seek the assistance of a treatment program.
PENALTIES FOR VIOLATION
It is the policy of American Leadership Academy that the following misconduct violations will not be tolerated and are considered sufficiently serious to warrant immediate disciplinary action up to and including termination.
1. Reporting to work under the influence of alcoholic beverages or other intoxicants, illegal narcotics, or misused prescription or over-the-counter medications.
2. The manufacture, possession or distribution of alcoholic beverages, intoxicants, illegal narcotics, or other controlled substances on school premises or at school-related activities.
3. The use of or being under the influence of alcohol or other intoxicants or illegal narcotics, or misused prescription or over-the-counter medications.
4. Any conduct that is administratively determined to be a violation of Utah Law relating to drug or alcohol use.
5. An employee who refuses to submit to an alcohol and/or drug test or who violates any aspect of these guidelines may be subject to disciplinary action up to and including termination.
If the Executive Director or his/her designee has reason to suspect that an employee is violating the above Drug-Free Workplace policy, he/she may require the employee to submit immediately to medical tests, including but not limited to breathalyzer, urine, and/or blood testing.
Common signs which indicate a drug or alcohol abuse problem or circumstances which together may constitute a reasonable suspicion of a violation of the Drug-Free Workplace policy include, but are not limited to the following:
1. Observed alcohol or drug use.
2. Unexplained work-related accidents or injury.
3. Presence of physical symptoms commonly associated with substance abuse such as impairment of motor functions, slurred speech, incoherent or irrational mental state, drowsiness, smell of alcohol or marijuana, frequent or extreme mood changes, lack of physical coordination, deteriorating work performance, and/or attendance problems, unexplained absence from assigned work, deterioration in dress and/or grooming, or other marked, unexplained changes in personal behavior.
1. The results of drug screening or/and alcohol tests shall not be included in an applicant’s or an employee’s file, but shall be retained by the Human Resource Department in a separate file, exempt from public inspection.
2. Any conditions of employment which may be established as a result of the drug test will become part of the employee’s personnel file.
3. Test results and ancillary information may be disclosed to other administrative personnel only on a need-to-know basis only.
MANAGEMENT REQUIREMENTS FOR REASONABLE SUSPICION DRUG/ALCOHOL SCREENING
1. Administrative personnel shall be responsible for the implementation and consistent enforcement of these guidelines.
2. The decision to require that an employee submit to alcohol and drug screening shall be approved by the Executive Director.
3. The Executive Director or designee shall review the facts to ensure the appropriateness of requiring the employee to submit to the alcohol and drug screening.
4. Administrative personnel must document, in writing, the facts constituting reasonable suspicion or violation of these guidelines.
5. Administration shall arrange for the tested employee to be escorted to and from the testing location and take reasonable steps to attempt to prevent the employee from driving.
6. Under no circumstances shall an employee be required to transport an employee exhibiting violent or threatening behavior. In such cases, the appropriate law enforcement agency will be contacted.
7. The school shall take the appropriate administrative and/or disciplinary actions in accordance with ALA policy.