Drugs And Alcohol - GBCB/JFCH POLICY: GBCB/JFCH FIRST READING: 2/27/01 ADOPTED: 3/13/01 POLICY CONCERNING DRUGS AND ALCOHOL
The Manchester Essex Regional School Committee recognizes the complexity and seriousness of personal and societal problems resulting from drug and alcohol abuse. Drug and alcohol abuse can destroy the lives of individuals and erode the fabric of a community. While the Committee believes that those who are afflicted by substance abuse should be aided in dealing with this problem, use of controlled substances and use of alcohol in certain ways are crimes under Massachusetts law, and criminal conduct within the schools will not be tolerated. At a minimum, mere possession of either drugs or alcohol in, or within certain distances of, public schools not only violates school district policy, but is a crime in itself. It is not the responsibility of the school to advise students or School District personnel of the
laws and legal penalties pertaining to controlled substances and illegal use of alcohol. Those who violate the law do so at their peril and must bear the consequences of their actions. In enacting this policy, it is the intent of the Committee to safeguard the well-being of the majority; to assist those who will benefit from substance-abuse counseling; to hold individuals responsible for their own conduct; and to make the consequences of offending conduct clear and certain.
As used in this policy, the word, "drugs" means any controlled substance as defined in Massachusetts General Laws, Chapter 94C, including, but not limited to, marijuana, cocaine and heroin, as well as over-the-counter or prescription medications used in ways for which they were not intended and commonly-available substances used in ways for which they were not intended. The word, "alcohol" means any alcoholic beverage. The phrase, "School District personnel" means any employee of the Manchester Essex Regional School District whose primary place of work is within the schools, as well as any individual acting in a recognized volunteer capacity in connection with school or school-sponsored activities. The phrase, "school-sponsored activity" means any activity conducted
under the auspices of the Manchester Essex Regional School District which involves students or takes place at a location in which students are, or may reasonably expected to be, present. The phrase, “administrator" means any or all of the following: the Superintendent of Schools, Assistant Superintendents or Curriculum Director, Principals, Assistant Principals, and Director of Special Education.
A. Policy Applicable To Students
I. While engaged in any school-sponsored activity, students may not:
a. Possess, use, distribute or be under the influence of, any controlled substance as defined in Massachusetts General Laws, Chapter 94C, including, but not limited to, marijuana, cocaine and heroin. Such activity constitutes a serious crime under Massachusetts law.
b. Possess, use or distribute over-the-counter or prescription medications or commonly available substances for use in ways for which they were not intended.
c. Possess, use or distribute any alcoholic beverage nor be under the influence of any alcoholic beverage.
2. In the event that any school personnel receive a complaint or report concerning an alleged violation by a student of any portion of the preceding paragraphs A. 1. (a) through (c) or has reason to believe such violation may have occurred, such school personnel shall immediately refer the matter to the building administrator for further inquiry or investigation. School personnel have a duty to comply with this provision.
3. Upon completion of the investigation, should the administrator determine that any violation of paragraphs A. 1. (a) through (c) has occurred, penalties to the student will occur. These penalties will be cumulative during the student's enrollment in the Manchester Essex Public Schools. The following are penalties which apply to students:
a. For a first offense involving drugs or alcohol or both, the student's parents will be notified and police authorities will be notified. In the discretion of the building administrator, the student may be expelled from the school. If the student is not expelled, the student will be suspended from school for a period of up to five days. Student participation in a recognized substance abuse program will be considered in determining the length of the suspension. The student will be readmitted to school only after a meeting among the student, the student's parent(s) or guardian and appropriate school personnel, as determined by the principal. This meeting will include discussion and formulation of a long-term treatment program for the student. If appropriate, a
request for an investigation under Massachusetts General Laws Chapter 119, sec.51A will be filed with the Massachusetts Department of Social Services.
b. For a second offense involving drugs or alcohol or both, the student may be expelled from school at the discretion of the principal. The student's parents will be notified and police authorities will be notified. If the student is not expelled, the student will be suspended from school for up to ten days. Student participation in a recognized substance abuse program will be considered in determining the length of the suspension. The student will be readmitted to school only after a meeting among the student, the student's parent(s) or guardian and appropriate school personnel, as determined by the principal. This meeting will include discussion, formulation and adoption of a long-term treatment program for the student. In order to remain in school, the student must provide evidence of participation in the
treatment plan on an ongoing basis. The student and the student's parents or guardian will be advised that any subsequent offense by the student will result in expulsion, They will also be advised that expulsion carries with it the legal requirement that should the student enroll in another public school, the Manchester Essex Regional School District is required by law to advise the receiving school of the reason for expulsion.
If appropriate, a request for an investigation under Massachusetts General Laws Chapter 119, sec. 51 A will be filed with the Massachusetts Department of Social Services. c. Upon a third offense involving drugs or alcohol or both, the student will be expelled from the Manchester Essex Regional School District. B. Policy Applicable To Manchester Essex Regional School District Personnel
1. While engaged in any school-sponsored activity, school district personnel may not:
a. Possess, use, distribute or be under the influence of any controlled substance as defined in Massachusetts General Laws, Chapter 94C, including, but not limited to, marijuana, cocaine and heroin.
b. Possess, use or distribute over-the-counter or prescription medications or commonly-available substances for use in ways for which they were not intended;
c. Possess, use or distribute any alcoholic beverage nor be under the influence of any alcoholic beverage.
d. Procure, distribute, or in any way provide to students any alcoholic beverage, any controlled substance as defined in Massachusetts General Laws, Chapter 94C, or any over-the-counter or prescription medications or commonly-available substances for use in ways for which they were not intended.
2. In the event that any administrator receives a report concerning a violation by school district personnel of any portion of the proceeding paragraphs A. 2. B. 1. (a) through (d) or has reason to believe such violation may have occurred, the administrator shall proceed to investigate the complaint in accordance with the procedures set forth in School District Policy KLD or its successor.
3. Upon completion of the investigation, should the administrator determine that any violation of paragraphs A. 2. or B. 1. (a) through (c) has occurred, the administrator will issue sanctions against the individual or individuals involved, which include, but are not limited to, a verbal or written reprimand, suspension with or without pay and termination of employment. In cases in which a violation of paragraphs B. 1. (a) or B. 1. (c) has occurred, police authorities will be notified. Should the administrator determine that any violation of paragraph B. 1. (d) has occurred, police will be notified and the employment of the school district personnel will be terminated.
4. Should an administrator have reason to believe that any school district personnel suffer from a problem with drugs or alcohol, the administrator is encouraged to advise such individual or individuals of the Towns of Manchester and Essex Employee Assistance Programs, a confidential assistance program which is available to employees of the Towns of Manchester and Essex and their families, or of other assistance programs and encourage such school district personnel to seek assistance.
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