Policy 7050 – Use of Drugs and Drug Paraphernalia By Employees

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

Howard County Public School System (HCPSS) will not hire anyone who is known to currently use drugs or drug paraphernalia.

An employee may not use, possess, or be in constructive possession of drugs or drug paraphernalia.

An employee may not distribute or have the intent to distribute drugs, drug paraphernalia, or prescription medication.

An employee may not distribute or administer over-the counter medications or prescription medications to students except when specified as part of job responsibilities and parent consent, as provided in Policy 9230 Alcohol, Other Drugs, Prescription Medication and Over the Counter Products, and as outlined in the Health Procedures Manual.

An employee may not abuse over-the counter medications or prescription medications.

An employee may not engage in conduct that is a violation of any federal or state law concerning the possession, use, distribution, or intent to distribute drugs or drug paraphernalia.

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.

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

Every supervisor and/or principal must report immediately 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 an investigation conducted by the Superintendent/designee may be subject to disciplinary action.

An employee who is convicted of drug or drug paraphernalia offenses may be subject to disciplinary action, up to and including termination.

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

An employee may be required to participate in a treatment program designed to address drug use 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 a substance in a manner or degree at any time that compromises workplace safety, job performance, and/or the work environment.

Constructive Possession – Having both knowledge of the presence of drugs and/or drug paraphernalia and the ability to control/use them, 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 any drug, drug paraphernalia, prescription medication, or any substance that is represented as a drug. Distribution does not include circumstances where a prohibited substance is possessed or owned collectively by all participants.

Drug – A controlled dangerous substance as listed in Section 5-101(g) of the Criminal Law Article of the Annotated Code of Maryland or a chemical substance when abused or used for unintended and harmful purposes.

Drug Conviction – The final judgment by a court of competent jurisdiction that an employee has been found guilty of a drug/dangerous substance and/or a drug paraphernalia criminal offense.

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 drugs, drug paraphernalia, or prescription medication, in or 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.

Over-the-Counter Medication – Medication available without a prescription.

Paraphernalia/Drug Paraphernalia – Any equipment or material of any kind that is used or intended for use in manufacturing, packaging, storing, concealing, and/or introducing a drug into the human body. Drug paraphernalia will also include those items listed in Section 5-101(p) of the Criminal Law Article of the Annotated Code of Maryland.

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

Prescription Medication – Substances that under law may be obtained with a prescription or written certification authorized by a professional licensed by the state to do so.

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, injecting, inhaling, absorbing, and/or otherwise introducing into the human body any drug; a condition or state of being of an employee indicating that the employee is under the influence of a drug.