Common use of Refusal To Be Tested Clause in Contracts

Refusal To Be Tested. 1. Should a teacher refuse to be tested under this proposal, the teacher will be considered to have received a positive result on a drug or alcohol test. 2. Refusal to submit to an alcohol or controlled substance test shall be considered as: (1) the failure to provide adequate breath for alcohol testing as required by this proposal without a valid and verified medical explanation after he or she has received notice of the requirement for breath testing under this proposal; (2) the failure to provide an adequate urine sample for controlled substances testing as required by this proposal without a genuine inability to provide a specimen (as determined by a medical evaluation by an evaluator of the District’s choosing) after he or she has received notice of the requirement for urine testing under this proposal; (3) engages in any conduct which clearly obstructs the testing process in the District’s determination. A refusal to submit shall be considered a positive test result.

Refusal To Be Tested. 1. Should a teacher refuse to be tested under this proposal, the teacher will be considered to have received a positive result on a drug or alcohol test. 2. Refusal to submit to an alcohol or controlled substance test shall be considered as: : (1) the failure to provide adequate breath for alcohol testing as required by this proposal without a valid and verified medical explanation after he or she has received notice of the requirement for breath testing under this proposal; (2) the failure to provide an adequate urine sample for controlled substances testing as required by this proposal without a genuine inability to provide a specimen (as determined by a medical evaluation by an evaluator of the District’s choosing) after he or she has received notice of the requirement for urine testing under this proposal; (3) engages in any conduct which clearly obstructs the testing process in the District’s determination. A refusal to submit shall be considered a positive test result.