403.5R1 - Substance-Free Workplace Regulation

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

1. Identification - the superintendent will 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 will 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 [ 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 substance abuse treatment program or if the employee does not successfully complete a 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 days of the conviction.

Legal Reference:
41 U.S.C. §§ 81.
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt. 85.
Iowa Code §§ 123.46; 124; 279.8.

Cross Reference
403.06    Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
404 Employee Conduct and Appearance
404-R1    Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2    Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

Approved: 11-15-21
Reviewed: 12-19-22
Revised: 12-19-22