Common use of Referral/Evaluation/Treatment Clause in Contracts

Referral/Evaluation/Treatment. (See Board Policy.) The district will advise a driver who engages in conduct prohibited by either the alcohol or controlled substance provisions of the available resources for evaluation and treatment of an alcohol/drug abuse problem. The school district is not obligated to advise a driver of evaluation and treatment available, if he/she refuses to submit to or fails a pre-employment test. It is the responsibility of the substance abuse professional (SAP) to evaluate each driver who violates these rules to determine whether the driver needs assistance resolving problems associated with alcohol/drug abuse and refer the driver for any necessary treatments. Before returning to duty after a violation, each driver must undergo an applicable alcohol or controlled substance test with a result of 0.00 alcohol concentration and/or a verified negative drug test result. For a driver to return to duty following a drug test that results in a verified positive result, the driver must stop using drugs, be evaluated by a SAP, and take a return-to-duty drug test with a negative result. (See E. Return-to-Duty Testing and F. Follow-Up Testing above.) Employees who voluntarily reveal drug and/or alcohol problems, but who have not been involved in other violations of the Board's rules and regulations (other than prohibitions regarding drug and alcohol use) will not be suspended or discharged for revealing their drug and/or alcohol use. The employee will be referred to the Board's Employee Assistance Program and will be transferred to a non-safety-sensitive position, if one is vacant and such a transfer is not a contract violation. The employee would receive the rate of pay for such a position. If there is no vacant position, the employee shall use earned vacation time and/or earned compensation time, or be placed on an unpaid leave of absence for not more than two (2) years. The employee will be permitted to return to a safety-sensitive position only upon approval of a substance abuse professional, the MRO, and a negative alcohol/drug test result. A driver who violates the terms of this policy and fails to satisfactorily participate in a rehabilitation program will be non-renewed, suspended or terminated in accordance with prescribed school district administrative regulations and procedures.