403.5R1 - Substance-Free Workplace Regulation

A superintendent who suspects an employee has a substance abuse problem shall follow these procedures:

1. Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent shall discuss the problem with the employee.
    
2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination and/or may recommend the employee seek substance abuse treatment.  Participation in a substance abuse treatment program is voluntary.
    
3. Failure to Participate in Referral - if the employee refuses to participate in a required substance abuse treatment program or if the employee does not successfully complete a required substance abuse treatment program, the employee may be subject to discipline up to and including termination.
    
4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five (5) days of the conviction.

Legal Reference:             Iowa Code § 123.46; § 124;  § 279.8      

41 U.S.C. §§ 81; 42 U.S.C. § 12101       

Cross Reference: 403.06            Drug and Alcohol Testing Program

   403.06-E(1)   Drug and Alcohol Testing Program - Notice to Employees

   403.06-E(2)   Drug and Alcohol Testing Program - Pre-Employment Testing Acknowledgment Form

   403.06-E(3)   Drug and Alcohol Testing Program - Written Consent to Share Information

   404    Employee Conduct and Appearance

   404-R(1)        Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

   404-R(2)        Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

Adopted:           03/15/99

Reviewed:          05/12/26

Revised: