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Student Drug and Alcohol Violations: JICH

  • Students: J
Student Drug and Alcohol Violations: JICH
Updated

School districts are required by state law to adopt policies regarding student use, possession and/or sale of alcohol, drugs or other controlled substances. Parents or students who have concerns or questions about student drug or alcohol issues are encouraged to contact a school counselor or mental health provider, school administration, or District administration to discuss resources that may be available to assist them.

  1. 1Violations. Students may not use, be under the influence of, possess, bring, sell, solicit the sale of, transfer, distribute, or supply a drug, alcohol product, controlled substance or drug paraphernalia as defined is this policy. A student may be found to have violated this policy if the student knew or reasonably should have known that he or she was engaging in any activity described in this policy. 1.1 Violations of this policy will be considered to be behavior which is detrimental to the welfare or safety of other students or school personnel. At the discretion of school administrators, violations may also be considered to be material or substantial disruptions for the purposes of identifying a student as habitually disruptive.
  2. 2Notification of Law Enforcement. School officials will notify law enforcement regarding suspected violations of this policy and will cooperate with any resulting investigation, with the possible exception of over-the-counter medication violations which may be referred to law enforcement at the discretion of the administrator.
  3. Release of Student. In the event that a parent or guardian is not available to safely take custody of a student who has been determined to be under the influence of drugs or alcohol, law enforcement will be consulted and may take custody of the student at their discretion, consistent with their agency policy, and/or school officials may contact emergency medical services when student safety is a concern.
  4. Definitions. For the purposes of this policy the following definitions will apply.
    • 4.1 “Drug” is defined as including but not being limited to narcotic drugs, hallucinogenic or mind-altering drugs or substances, amphetamines, barbiturates, stimulants, depressants, marijuana or marijuana infused products, anabolic steroids, and other controlled substances as may be defined in state or federal law.
    • 4.2 “Alcohol” is defined as including alcohol or alcohol infused products, including alcohol in powdered form.
    • 4.3 “Prescription Drugs” is defined as including any prescription drug without a current, valid prescription identifying the person possessing the drug as the owner.
    • 4.4 “Counterfeit Drugs” is defined as including any substance that a student believes to be a controlled substance or that is represented to be such by another individual, which may include but is not limited to vitamins, supplements, or over-the-counter medications.
    • 4.5 “Over-the-Counter” products is defined as products, medications or substances available for purchase without a prescription, when taken in a dangerous manner or in excess of recommended levels.
    • 4.6 Plants, mushrooms, herbs or other natural or synthetics substances used for the purpose of altering the mind.
    • 4.7 Inhalants or mind-altering gases.
    • 4.8 Marijuana and marijuana infused products, including when such substance may have been legally obtained or prescribed by law.
    • 4.9 “Use” is defined as lighting, chewing, injecting, ingesting, smoking, inhaling, applying or otherwise being under the influence of a drug or alcohol.
    • 4.10 “Possession” is defined as bringing, possessing or having in one’s control drugs, alcohol, drug paraphernalia or items identified as containing drug residue.
    • 4.11 “Sale” is defined as exchanging money or any item of value, including asking for services from others, in a transaction involving the exchange of drugs or alcohol.
    • 4.12 “Distribution” is defined as providing drugs or alcohol to others regardless of the exchange of money or an item of value.
    • 4.13 “Transfer” is defined as passing drugs or alcohol to others.
    • 4.14 “Solicitation” is defined as communicating about the potential sale, purchase, transfer or distribution of drugs or alcohol, even if no exchange occurred.
    • 4.15 “Paraphernalia” is defined as possessing or bringing any equipment, product or material which is used, intended to be used, designed or altered in such a way as to be used to introduce drugs or alcohol into the body.
    • 4.16 “Under the Influence” is defined as being when a student has introduced a drug or alcohol as defined in this policy into his or her body, regardless of the method, or when a student’s behavior, condition, speech, appearance, odor, well-being or the well- being of others is affected by the use of drugs or alcohol.
  5. Consequences and Interventions. The typical progression of interventions for violations of this policy are as follows:
    • 5.1 Students are subject to disciplinary action up to and including suspension and expulsion for any single drug or alcohol offense, as those terms are defined in this policy.
    • 5.2 Offenses and consequences for violations may be cumulative for a period of three years. Confirmed offenses which occurred at schools prior to enrollment in District 27J may apply to this cumulative total.
    • 5.3 The sale of drugs or alcohol will result in a minimum of five (5) day suspension, extendable to ten (10) days at the principal’s discretion, and may result in a referral for expulsion for the first offense.
    • 5.4 Drug and alcohol offenses resulting in arrests, felony charges or otherwise endangering the immediate safety of others, including driving other students while under the influence of drugs or alcohol, will result in a five (5) day suspension for the first offense, and may result in an expulsion referral.
    • 5.5 Violations other than those involving the sale or immediate endangerment of others will typically result in the following consequences and intervention opportunities:
      • 5.5.1 1st Offense – Out of school suspension of up to three (3) days with alternative to suspension opportunities as may be available.
      • 5.5.2 2nd Offense – Out of school suspension of up to five (5) days with alternative to suspension or alternative to expulsion opportunities as may be available.
      • 5.5.3 3rd or Subsequent Offenses – Out of school suspension of up to ten (10) days with district approval, and expulsion referral.
  6. Due Process. Due process rights as described in Policy JKD will apply for matters involving drug or alcohol violations, except that when a student is recognized to be under the influence of drugs or alcohol the typical due process procedures may be delayed until health and safety needs are addressed. In such matters school administration may suspend or initiate other interventions without having first provided due process.
  7. Notification of Parent. Parents will be notified following an initial investigation when drug or alcohol violations are suspected, but after any emergency health or safety needs have first been addressed.
  8. Suspicion and Investigation
    • 8.1 Self-admission by a student suspected of being under the influence of drugs or alcohol without a valid prescription will constitute sufficient evidence for school administration to proceed with disciplinary action.
    • 8.2 If a student is suspected of, but denies, being under the influence of drugs or alcohol, except when possessing a valid prescription, school and/or law enforcement officials may conduct basic sobriety tests to determine if the student is under the influence. Law enforcement officials will follow guidelines established by their agency in determining which methods to use, and when parents will be notified. For school officials:
      • 8.2.1 Attempts will be made to contact the parent prior to a sobriety test being conducted. Such tests may include use of a saliva swab or other non-invasive observations.
      • 8.2.2 Failure to grant permission to participate in or allow sobriety tests does not restrict school administration from proceeding with disciplinary action if reasonable suspicion exists that the student is under the influence of drugs or alcohol.
      • 8.2.3 If the student and parent disagree with the determination of a school or law enforcement official that the student is under the influence of a controlled substance, the parent may have the student complete a urinalysis assessment within three (3) hours of the suspension. Such assessment will be at the parent expense and must be administered by a trained medical provider approved by the District. The results of such assessment must be provided to school administration within five (5) calendar days from the day of the suspension to be considered. Any consequences administered by school administration will remain in effect while the parent seeks such verification.