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HCPSS / POLICIES

Policy 7050 Implementation Procedures - Use of Drugs and Drug Paraphernalia By Employees

Policy Document

Implementation Procedures

I. Investigation of Alleged Violations

  1. When the Superintendent/designee receives notice of an alleged violation of the provisions of Policy 7050, the following actions will be taken:

    The Superintendent/designee will conduct an investigation into the alleged violation and make a determination regarding the employee’s involvement in the alleged violation.

    1. The investigation will be conducted promptly.

    2. The employee may be placed on administrative leave with or without pay while the investigation is being conducted.

    3. Physical evidence will be preserved for later use during the investigation and/or by law enforcement.

    4. Circumstantial evidence may be used to prove a violation of this policy, including a violation based on constructive possession.

    5. Due process will be utilized during the investigation.

  2. At the conclusion of the investigation, which will include a conference with the employee, the Superintendent/designee will provide the employee a written decision containing all of the following:

    1. A brief finding of facts.

    2. A determination as to whether there has been a policy violation. Any such determination must specify the part of policy violated.

    3. Any disciplinary action to be taken and the effective date of such action. Such disciplinary action may include but is not limited to:

      1. Verbal and/or written warning

      2. Written reprimand

      3. Suspension from employment with or without pay

      4. Termination from employment.

  3. If at the conclusion of an investigation, it is determined that no policy violation occurred and an employee has been placed on administrative leave without pay, the employee will be awarded all back pay lost during the period of administrative leave without pay.

  4. The Superintendent will follow the requirements of the State Board of Education and any other relevant licensing board regarding the suspension and revocation of teaching certificates and/or licenses in applicable cases.

II. Drug Testing

  1. The Howard County Public School System (HCPSS) has the right to conduct drug testing on any employee based on reasonable suspicion of a policy violation and/or to ensure compliance with any aspect of a disciplinary action. Failure to comply with a drug test notification or the alteration of a sample may result in disciplinary action, up to and including termination.

  2. All drug testing of employees will comply with Section 17-214 of the Health General Article of the Annotated Code of Maryland and COMAR 10.10.10.01-.10 regarding the certification of any laboratory testing specimen.

  3. If the employee has tested positive for the use of any drug, the HCPSS will, after confirmation of the test results, supply the employee with:

    1. A copy of the test results.

    2. A copy of the Howard County Public School System’s written policy and implementation procedures on drug abuse.

    3. If applicable, written notice of the Howard County Public School System’s intention to take disciplinary action.

    4. A statement or copy of the Annotated Code, Health General Article, Section 17-214 (e), which permits an employee to request independent testing of the same sample for verification of the test results.

      The information described in Section II.C.1-4. will be delivered to the employee in person or by certified mail and within seven (7) days from the date the confirmed positive test results are received by the HCPSS. (COMAR 10.10.10.08)

III. Referral/Treatment for Employees

  1. An employee may be required to participate in a Fitness for Duty Evaluation and any resulting treatment recommendations designed to address drug use and/or over-the-counter medication or prescription medication abuse and related problems.

    1. This participation may be required as a condition of returning to employment, continued employment, or as associated with disciplinary action.

    2. The employee may be required to provide the Superintendent/designee with evidence of participation and compliance with recommendations as a condition of continued employment or returning to employment.

  2. Participation in a treatment program will be treated in a confidential manner. Treatment programs may include, but are not limited to, the following:

    1. Individual and/or group counseling with an individual and/or agency approved by the Superintendent/designee or through the school system sponsored counseling and support program.

    2. Medical treatment prescribed by or through a licensed health care provider or medical program.

    3. Treatment programs available through and/or prescribed by an approved health maintenance organization or health insurance provider.

    4. Group programs such as Narcotics Anonymous.

  3. Participation in a treatment program does not exempt an employee from performing their assigned job responsibilities in a satisfactory manner.

IV. Non-Discrimination Against Prior Users

  1. HCPSS will not take disciplinary action against an employee who has used drugs if they meet all of the following conditions. The employee:

    1. Voluntarily admits that they have used drugs or drug paraphernalia or abused over-the-counter medications or prescription medications prior to being identified through other means.

    2. Is not currently engaged in the use of drugs or drug paraphernalia or the abuse of over-the-counter medications or prescription medications.

    3. Has completed, or is in the process of completing, a treatment or rehabilitation program.

    4. Did not endanger any student or other employee through his/her use of drugs or drug paraphernalia or abuse of over-the-counter medications, or prescription medications.

    5. Did not use drugs or drug paraphernalia or abuse over-the-counter medications or prescription medications on school system property, at an HCPSS-sponsored event, or while engaged in HCPSS duties.

    6. Thereafter refrains from using drugs or drug paraphernalia or abusing over-the-counter medications or prescription medications.

      1. The Superintendent/designee will set terms and conditions for continued employment.

      2. Such terms and conditions may include participation in a treatment program as outlined in Section III.

  2. Any employee who meets the criteria set forth above in Section IV.A. will not be subject to disciplinary action, unless the employee fails to comply with the terms and conditions for continued employment.

    1. In the event the employee is charged with failure to comply with the terms and conditions of continued employment, the employee will be afforded due process.

    2. If it is determined that the employee violated the terms and conditions for continued employment, then the employee will be subject to disciplinary action, up to and including termination.

V. Monitoring

Policy 7050 implementation procedures will be overseen by the Division of Human Resources and Professional Development.

VI. Definitions

Within the context of this policy, the following definitions apply:

  1. Currently Engaged – Using drugs recently enough to justify the Superintendent/designee’s reasonable suspicion that involvement with drugs is an ongoing problem. Current engagement is not limited to the day of use or recent days/weeks in terms of an employment action.

  2. Reasonable Suspicion – A belief based on facts, which may include a notification/report that an employee is using or abusing drugs or based on the rational inferences that may be drawn from such facts.

  3. Rehabilitation – The method used (including medical and psychological) to address the treatment and/or regression of any aspect connected with the use of drugs or the abuse of over-the-counter medications or prescription medications.

  4. School System Sponsored Counseling and Support Services Program – A program designed to identify employee needs and provide subsequent referral recommendations, services, and/or resources in areas including, but not limited to, drug and substance abuse, alcoholism, and interpersonal, financial, or legal concerns.

VII. History

ADOPTED: September 13, 1990

REVIEWED:

MODIFIED:

REVISED:

  • August 22, 1996

  • June 12, 1997

  • April 15, 2010

  • March 11, 2021

EFFECTIVE: July 1, 2021

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.