Provided 6-17-16 1516 RTKL 0181 PHILADELPHIA SCHOOL DISTRICT Office of School Safety Directive #26 SUBJECT: SPO SUBSTANCE ABUSE AND DRUG TESTING I. PURPOSE A. Drug abuse and alcoholism has an adverse effect upon a School Police Officer’s ability to execute his/her duties. B. Integrity is an essential element in a SPO’s relationship with students, other employees, and the public. C. The purpose of this policy also relates to the welfare and well being of the individual SPO and all SDP employees. D. The Executive Director of Human Resources is authorized to issue regulations, procedures, and programs regarding substance abuse. II. POLICY A. It is the policy of the School District of Philadelphia that the abusive and/or illicit use of drugs or alcohol by its SPOs and all its employees will not be tolerated. The School District has a paramount interest in protecting and serving the schools by ensuring that its employees are fit to perform their duties. B. All members of the Office of School Safety are subject to “reasonable suspicion” drug testing. C. All of the premises used by the School District of Philadelphia, whether owned, leased, or temporarily under its control for any program or activity, are declared to be drug-free workplaces. D. The School District of Philadelphia prohibits the possession, manufacture, sale, dispensing and use of alcohol and/or any controlled substance and prohibits any of its employees from being under the influence of alcohol or a controlled substance on any of its premises or in any of its programs or activities. An employee found to violate this rule shall be subject to discipline up to and including discharge. E. The School District of Philadelphia encourages its employees experiencing difficulty with alcohol or controlled substance abuse to seek assistance in their efforts to control such problems and to achieve rehabilitation. It remains the employee’s responsibility to initiate efforts to seek assistance before the stage at which his/her work performance is impaired and leads to disciplinary action. F. All School Safety personnel arrested for a criminal offense must notify their immediate supervisor, and School Police Radio Dispatch, of the incident within 24 hours. G. Any SPO who is convicted of a criminal drug offense in or out of the workplace must give written notice of such conviction to the Executive Director of Talent and his/her immediate supervisor within 24 hours. 1-26 H. I. J. K. III. Prescription drugs (controlled and non-controlled) are to be administered as per the instructions of the prescribing doctor. It is the responsibility of the SPO to make the prescribing medical or dental practitioner aware of the sensitive nature of the SPO’s job related duties prior to prescribing any medication. Non-prescribed, over the counter medications must only be used in recommended dosage amounts. Employees must consider possible effects on job performance, both before and during dosing. All information or reports submitted to or received by the School District of Philadelphia regarding drug testing is considered strictly confidential and the unauthorized dissemination of this information by a member of the SDP shall result in disciplinary action. The foregoing constitutes the School District of Philadelphia’s policy on employee alcohol and substance abuse. However, a comprehensive alcohol and substance abuse program and policy, including provisions governing testing for alcohol and substance abuse, will follow. It must be emphasized that as a condition of employment, every Philadelphia School District employee must abide by the terms of this policy. This obligation includes the employee’s submission to the appropriate drug and alcohol testing under present practice PROCEDURE A. When employees are found in possession of suspected drugs, referral must be made to law enforcement authorities immediately. B. When an employee is arrested for possession, sale or manufacture of a controlled substance, the employee should be immediately suspended without pay pending resolution of the criminal charges. C. An employee convicted of possession, sale or manufacture of a controlled substance is to be recommended for immediate dismissal. *NOTE: In applying the above guidelines, all due process rights of students and staff, in accordance with the State Code and contractual provision, must be observed. D. If SPO’s Supervisor or Principal/Designee has a reasonable suspicion that the SPO has taken illegal substances or is intoxicated, due to the SPO’s inability to properly execute his/her duties, the Supervisor or the Principal/ Designee will have the SPO tested for substance or alcohol abuse. Prior to transportation of an employee, a Supervisor or the Principal/ Designee will forward to Health Services, the Reasonable Suspicion Observation Report. (Fax: 215-400-4661) (Phone: 215-400). Between the hours of 8:00 A.M to 4:30 P.M Monday through Friday, a School Police Patrol Supervisor will then escort the SPO to the Division of Health Services, located at 440 N Broad, Education Center, Room 134. An officer of the same sex as the suspected SPO must be present in the vehicle, if the driver is not of the same gender. *NOTE: A Patrol Officer will transport any School District employee who is suspected of having taken illegal substances or is intoxicated. An officer of the same sex must be present in the vehicle. The Principal and/or their Designee will accompany the employee to Employee Health Services. 2-26 E. F. IV. When the Division of Health Services, located at 440 North Broad, Room 134 is non operational (holidays, weekends, non- business hours). First Lab (after hour drug testing) will be notified (Phone: 1-800-732). The identified school district employee will remain at the location where reasonable suspicion is established with his/her immediate supervisor until a representative from First Lab arrives to administer testing. The Supervisor or the Principal/Designee will forward the Reasonable Suspicion Observation Report to Employee Health Services during business hours (8:00 AM to 4:30 PM) (Fax: 215-400-4661) (Phone: 215-400). Supervisors, Principals/Designees, and members of the department will not unnecessarily or unreasonably endanger themselves in applying these guidelines to actual situations. DISCIPLINARY ACTION A. Disciplinary action, up to and including dismissal, will be taken against a member of the School Police under the following conditions: 1. A urinalysis or the current form of drug testing indicating a positive result. 2. Refusal of a direct order to submit to a drug test by an employee shall be considered as a cause to suspend the employee with the intent to dismiss. 3. Any action or attempt by an employee to alter, taint, or impair the validity of a drug test including any adulteration or substitution of a sample. 4. The use of a prescription drug (controlled or non-controlled) which was not prescribed for the SPO by a licensed medical practitioner. 5. The abuse and/or illicit use of prescription and/or non-prescription drugs. 7-19-04 Revised 7-12-06 JUNE 2015 BY ORDER OF THE CHIEF SAFETY EXECUTIVE OFFICE of SCHOOL SAFETY 3-26