Policy 7040 – Alcohol Use by Employees

Compliance with this policy is a condition of employment, and violations of this policy may constitute grounds for disciplinary action, up to and including termination.

An employee may not possess, use, or be under the influence of alcohol on school system property, at an HCPSS-sponsored event, or while engaged in HCPSS duties.

The HCPSS will not hire anyone who is known to currently abuse alcohol.

An employee may not possess, distribute, or intend to distribute alcohol on school system property, at an HCPSS-sponsored event, or while engaged in HCPSS duties.

An employee may not be in constructive possession of alcohol on school system property, at an HCPSS-sponsored event, or while engaged in HCPSS duties.

An employee may not engage in conduct that would constitute a violation of federal or state law concerning the use, manufacture, distribution, or intended distribution of alcohol.

An employee who operates an HCPSS vehicle is required to report any alcohol charges to the Office of Staff Relations prior to the start of their next workday following the filing of legal charges.

An employee who is convicted of an alcohol-related offense may be subject to disciplinary action, up to and including termination.

Employees must report any violation or suspected violation of this policy to the Office of Staff Relations within one (1) workday. Failure to report policy violations or suspected policy violations may result in disciplinary action.

Every supervisor and/or principal must immediately report any violations or alleged violations of this policy to the Superintendent/designee for investigation.

An employee who aids, abets, and/or conspires with any person to violate this policy may be subject to disciplinary action.

An employee who knowingly gives false information, fails to cooperate, or in any way impedes any investigation conducted by the Superintendent/designee may be subject to disciplinary action.

Conduct constituting a potential criminal violation regarding alcohol will be reported to the police by the Superintendent/designee.

An employee may be required to participate in a treatment program designed to address alcohol abuse and related problems.

The Office of Human Resources will ensure that all newly hired employees receive notification of this policy.

The Superintendent/designee will ensure that all employees are made aware of this policy. Policy updates will be posted on the HCPSS website.

All employees will report alleged violations of this policy or implementation procedures to their immediate supervisor.

Supervisors and principals will report alleged violations of this policy to the Superintendent/designee.

The Superintendent/designee will investigate and make decisions regarding any reports of alleged violations of this policy.

Abuse – The ingestion, inhalation, injection, or absorption of alcohol in a manner or degree at any time that compromises workplace safety, job performance, and/or the work environment.

Alcohol – Ale, beer, wine, whiskey, rum, gin, or any other spirituous, vinous, malt, or fermented liquor or compound by whatever name it is called. This includes any product that contains the aforementioned liquors or compounds.

Constructive Possession – Having both knowledge of the presence of alcohol and the ability to control/use it, without having actual physical possession. More than one person may have constructive possession at the same time.

Distribution – The actual or intended sale, transfer, trade, giving, exchange, and/or dispensing in any manner of alcohol or substance that is represented as alcohol. Distribution does not include circumstances where alcohol is possessed or owned collectively by all participants.

Employee – An individual who is a permanent or temporary employee whose compensation is paid in whole or part by the Board and/or an individual who is a student teacher, an intern, consultant, or an independent contractor for the school system.

Intent to Distribute – Possession of alcohol, in or on any item or belonging under the control of the employee or owned by the employee, in such quantity and under such circumstances, observed or discovered, indicating the strong likelihood of distribution.

Possession – The presence of alcohol on an employee, however small the amount, or in or on any item under the control of the employee or owned by the employee.

School System Property – Any property owned or leased by the HCPSS or used by HCPSS for school-related activities. The concept of property extends to school activities such as field trips, use of parks and recreation facilities, proms at hotels, etc. School buses, bus stops, and facilities scheduled by the school system for student use are considered an extension of school property.

Use – The deliberate act of ingesting alcohol and/or otherwise taking alcohol into the body; a condition or state of being of an employee indicating that the employee is under the influence of alcohol.