9610-R Staff Substance Abuse Regulation

In the event that district supervisory personnel determine that a staff member has a potential problem related to alcohol or other substance use/abuse which adversely affects his/her job performance:

1. the supervisory personnel will attempt to compile information and/or document actions that have resulted in unsatisfactory job performance that may be related to the employee’s alcohol or other substance use/abuse, including any observable signs of alcohol or substance use/abuse;

2. if the problem may adversely affect the employee’s position, the district supervisory personnel will schedule a meeting with the employee to discuss possible employment concerns. Written notification regarding reasons for the meeting will be given to the employee. The employee will be entitled to have representatives of their association present;

3. the district supervisory personnel will then review the information with the employee. The employee may be subjected to urinalysis or other form of drug testing if there exists reasonable individualized suspicion that the employee has been using an illegal drug(s) or has an alcohol related problem;

4. the employee may be asked to cooperate with an Employee Assistance Program representative; and

5. after exhausting the avenue of treatment and prevention, and if the problem still exists, it may be necessary to proceed to issue a:

a. verbal reprimand;

b. written reprimand; and/or commence

c. legal action.

The procedures set forth in this regulation will be subject to state law, civil service law and regulations, as well as terms of negotiated agreements.

Staff Development

The Board of Education recognizes that if the administrative, instructional, and non-instructional staff are to be responsible for understanding, implementing and modeling the district’s substance abuse policies and regulations, they must be trained about the components of an effective alcohol and other substance prevention program. Staff training shall be an on-going process including:

1. For all staff:

a. an understanding of why individuals use and abuse alcohol, tobacco and other substances;

b. their role in implementing this regulation, including how to identify students who exhibit high risk behaviors or who are using/abusing alcohol and other substances, and how to refer these students to the appropriate services;

c. awareness of personal risk factors for alcohol and other substance use/abuse so they may identify personal use/abuse problems and seek assistance; and

d. awareness of the special needs of students returning from treatment.

e. appropriate staff training to ensure they have the necessary knowledge and skills to support the application of prevention concepts through programming targeted at the school, home, and community.

2. For teachers: the knowledge and skills necessary to implement the district’s grades 5-12 alcohol and other substance prevention curriculum.

3. For intervention staff (guidance counselors, social workers, school nurses, etc): appropriate staff training for those identified to carry out the intervention function to ensure their assessment and referral skills support the needs of high-risk, using, and abusing youth.

Ref: Drug-Free Schools and Communities Act (20 USC §§3171 et seq.)

Civil Service Law §75

Education Law §3020-a

Patchogue-Medford Congress of Teachers v. Board of Education,

70 NY2d 57 (1987)

Reviewed September 25, 2001

Reviewed January 5, 2010

Revised, Reviewed October 23, 2012

Reviewed March 3, 2020

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