RATIONALE/OBJECTIVE:

The Cobb County Board of Education is concerned with the well-being of all employees of the Cobb County Board of Education. The Board recognizes that a drug-free workplace and work force encourages employee productivity and promotes the accomplishment of the school system's missions and goals. In accordance with the Drug-Free Workplace Act of 1988, 41 U.S.C. ''702 to 707, and the above stated concern, the Cobb County Board of Education hereby declares that the unlawful and/or unauthorized manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for all Cobb County Board of Education employees. In addition, in accordance with the Drug-Free Public Work Force Act of 1990, '45-23-1 to '45-23-9 of the Official Code of Georgia Annotated (O.C.G.A.), the Cobb County Board of Education will take appropriate personnel action against any employee convicted of any criminal drug offense.

Each employee shall be given a copy of this policy. As a condition of employment, employees will abide by the terms of this policy and shall notify the Cobb County Board of Education of any criminal drug statute conviction for a violation occurring in the workplace or elsewhere not later than five days after such conviction. The Cobb County Board of Education shall notify the appropriate federal agency granting funding to the Cobb County School District within 10 days after receiving notice of the conviction from the employee or otherwise after receiving the actual notice of such conviction regarding a violation occurring in the workplace.

Within 30 days of notification by the employee or otherwise receiving actual notice of a drug conviction, the Board shall, with respect to any employee so convicted:

1. Take appropriate personnel action against the employee, such action for the first conviction shall range from a minimum suspension from employment for a period of two (2) months to termination.

2. Require an employee who is suspended to participate satisfactorily in a drug abuse treatment and education program licensed under Chapter 5 of Title 26 of the Official Code of Georgia Annotated and approved by the Board.

Any employee who has a second conviction for drug offense shall be terminated.

The Human Resources Division shall develop a drug-free awareness program to inform employees of the following:

• The dangers of drug abuse in the workplace.
• Local Board Policy GAG (Drug-Free Workplace and Work Force) and any accompanying administrative procedures concerning the maintenance of a drug-free workplace and a drug-free work force.
• Any available drug counseling, rehabilitation and employee assistance programs.
• Any penalties to be imposed upon employees for drug abuse violations occurring in the workplace and elsewhere.

If an employee notifies the Cobb County Board of Education that he or she is illegally using a controlled substance, marijuana, or a dangerous drug and that he or she is receiving or agrees to receive treatment under a drug abuse treatment and education program under Chapter 5 of Title 26 of the Official Code of Georgia Annotated and approved by the Cobb County Board of Education, the employee will be allowed to maintain his or her job for a one-year period as long as he or she follows an approved drug treatment program. The Cobb County Board of Education, however, reserves the right to restructure the employee's work activities to protect persons or property. This provision is available to an employee only once during a five-year period and does not apply if the employee has refused to be tested or has tested positive to illegal drugs.

Legal Reference: OCGA ' 20-2-59; ''45-23-1 et. seq.; 41 U.S.C. ''702 et seq.

Adopted: 5/25/89 Revised: 6/27/91; 8/9/95; 3/28/96; 2/22/01

RULE:

The following directives shall be observed concerning the Drug Free Work Place and Work Force policy:

1. A controlled substance is defined as those drugs or substances listed in schedules I through V of the federal Controlled Substance Act, 21 U.S.S. '812, or as defined in O.C.G.A. '16-13-21, including but not limited to marijuana, cocaine, heroin, opiates and amphetamines. The Cobb County School District considers an employee who is under the influence of (legal intoxication is not required), possesses, uses or consumes an alcoholic beverage on School District property or while in the performance of his or her official duties to be covered by this policy. Not included are substances used in accordance with a valid prescription.

2. The work place is defined as a geographic location at which an employee performs work pursuant to his or her employment with the Cobb County School District, including any travel while in travel status.

3. Conviction means a finding of guilt (including a plea of nolo contendere if the offense occurred at the workplace) or imposition of sentence or both by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

4. A criminal drug statute is defined as a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance.

Legal Reference: OCGA ' 20-2-59; ''45-23-1 et. seq.; 41 U.S.C. ''702 et seq.

Reclassified an Administrative Rule: 9/1/04