Drug and Alcohol Policies
Jasper Middle School Drug and Alcohol Policies
Greater Jasper Consolidated Schools (GJCS) believes that maintaining an environment that is safe, free from substance use/abuse, and conducive to learning is an important goal for the school and the community. Students are not permitted to possess, use, be under the influence of, or sell drugs, alcohol, or tobacco products on the school premises at any time, at any school-sponsored activity, or when a student is traveling to and from school. Students violating this policy are placing themselves in jeopardy of representing GJCS in any capacity for reasons of personal safety for the individual and those around the individual.
We recognize our responsibility to address drug and alcohol problems in the school and of our students. We believe that parent(s), guardian(s), and the school must work together to educate, encourage, and support students in an attempt to prevent their illegal use of drugs and alcohol. As part of our attempt to achieve the above, the schools will utilize the following policies:
No student may provide any substance to any other student, by sale or any other means, which is represented to be a narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant, inhalant, legend drug, depressant, or intoxicant of any kind. This includes, but is not limited to any synthetic substance that may closely resemble any of the above substances or items.
No student may possess, use, or be under the influence of any substance which that student has reason to believe is or which has been represented to be a narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant, inhalant, legend drug, depressant, or intoxicant of any kind. This includes, but is not limited to any synthetic that may closely resemble any of the above substances or items.
Students are prohibited from possessing, using, sharing, or being under the influence of caffeine-based pills, substances containing phenylpropanolamine (PPA), or stimulants of any kind with or without a prescription.
Any substance for which a student has a prescription or written permission from a parent must be brought to the school nurse or school administrator and be administered/taken in the nurse’s station.
The following conduct is criminal under Indiana Code and school officials are required to report such conduct—on school grounds, or within 1,000 feet of school grounds—in writing to a law enforcement officer:
1. Knowingly or intentionally manufacturing or delivering cocaine, a narcotic drug, or other controlled substances except marijuana, hash oil, or hashish; or possessing with intent to manufacture or deliver, the above-named substances, except marijuana, hash oil, or hashish.
2. Knowingly or intentionally delivering any substance that is represented to be a controlled substance.
3. Knowingly or intentionally manufacturing, advertising, distributing, or possession with intent to manufacture, advertise, or distribute a controlled substance.
4. Knowingly or intentionally possessing a controlled substance.
5. Knowingly or intentionally creating or delivering a counterfeit substance or possessing with intent to deliver, a counterfeit substance.
6. Knowingly possessing, without a valid prescription, cocaine or a narcotic drug.
7. Knowingly possessing, without a valid prescription, a controlled substance, except marijuana or hashish.
8. Knowingly or intentionally manufacturing, designing, keeping for sale, offering for sale, delivering, or possessing an instrument, device or other objet, that is intended to be used primarily for introducing a controlled substance into the human body, testing the strength effectiveness, or purity of a controlled substance, or enhancing the effect of a controlled substance.
9. Knowingly or intentionally manufacturing or delivering, or possessing, with intent to manufacture or deliver, marijuana, hash oil or hashish.
Should the above occur, the following disciplinary penalties will apply:
1. 1st Offense—recommendation of expulsion to the superintendent. The expulsion may be waived via a Form 16 contract (*See Below) at the hearing examiner’s level if the following criteria are met by the student and the parent/guardian:
A. Student will be suspended for up to ten school days;
B. Student cannot return to school until he/she meets with an officially recognized substance abuse counselor, or has evidence of an appointment, for a preliminary assessment of chemical use, and is in compliance with the recommendations set forth as a result of the assessment and recommendations of school officials following the assessment. Any costs associated with the assessment will be paid for by the student/parent/guardian.
Possible recommendations may include, but are not limited to:
a. Conditional return to school after the five-day suspension;
b. Assessment by outpatient drug-alcohol counselor(s) plus outpatient and/or drug education for student and/or parents via certified counselor;
d. Inpatient treatment commensurate with the family’s ability to pay for service.
2. 2nd Offense (Per School Building Career)—School officials will recommend expulsion to the superintendent.
**A Form 16 waiver is a vehicle for the student to return to school—either in his/her regular classes or in alternative school as decided upon by the school administration—on the condition that the student/parent/guardian signs off on the agreement to waive their due process rights. Should further disciplinary action of any time be needed, the student loses his/her opportunity to attend school and the original expulsion takes place without a review of the case.
Dealing is defined as selling or sharing alcohol, or other unauthorized drugs or narcotics—natural or synthetic, actual or misrepresentation. Distribution is defined as passing substances on to other students for holding, using, or selling.
First Offense Disposition: Recommendation of expulsion to the superintendent.
Substance abuse in any school is a threat to the safety and health of students, faculty, staff, and the community as a whole. It jeopardizes the efficiency and the quality of educational programs as well as having the potential of physical harm. The risks associated with such abuse may include the possibility of impaired judgment, diminished capacity, and deterioration of the organs of the body, addiction, and conditions that substantially inhibit a person from performing to his/her fullest ability. The policy is not intended to be solely disciplinary or punitive in nature, for the educational opportunities offered in the various buildings will continue to direct students away from drugs and alcohol and toward a healthy, safe, and substance-free life. It is the right of every parent/guardian to expect that each student is receiving the best education that can be provided by Greater Jasper Consolidated Schools.
DRUG TESTING PROGRAMS
All courses, programs, and activities are an integral part of the school system. The value for a student’s personal development must be given a high priority for the community that wants to have a total school program. The opportunity for participation in any program, including athletics, is not an absolute right. Participation is a privilege offered to students and necessitates that students meet high standards. Driving to school is also a privilege granted to students under conditions that include operating a vehicle in a safe and legal manner.
GJCS encourages all students who hold a valid driver’s license to drive on school grounds and to participate in activities and programs, but also believes that these opportunities are not an absolute right. Privileges are offered to students who meet both the scholastic and physical conditions of eligibility.
A condition for participation in privileged activities in GJCS shall be an agreement by the student to submit to probable cause and/or random testing for the use of drugs—natural and/or synthetic—and alcohol. Probable cause (reasonable suspicion) drug testing will apply to all students enrolled in GJCS Schools. The random drug testing program will be applied to students, male and female, who choose to participate in non-credit, extra-curricular activities, and/or who drive to, from, or during school hours while a student in any of the GJCS Schools that has declared that the school will participate in the corporation’s random drug-testing program approved by the GJCS Board of Education.
Statistics on testing and results, which do not include specific student identification, shall be compiled at the end of each school ear and made available to the Central Office administration and the Board of Education, who may authorize the release of the data upon discretion of the Board of Education.
REASONABLE SUSPICION DRUG TESTING
Administrators of the GJCS are authorized by the GJCS Board of Education to require any GJCS student to submit to a chemical test of the student’s breath, saliva, or urine if the administration has “reasonable suspicion” that the student is using or is under the influence of alcohol, marijuana, or any other prohibited substance while:
A. on school grounds;
B. off school grounds at a school activity, function, event, or any other school sponsored event;
C. when traveling to or from school by bus or other corporation vehicles.
Reasonable Suspicion may arise from the following actions:
A. A student’s behavior, in conjunction with physical appearance, actions, and/or odor, indicating the possibility that the student has used or is in possession of alcohol, marijuana, or any other behavior altering substance.
B. The student possesses drug paraphernalia, alcohol, marijuana, or any controlled substance.
C. Information communicated to an administrator by a teacher, parent, law enforcement personnel, other adult, or a student indicating a student is using, possessing, or under the influence of alcohol, marijuana, or any other prohibited substance. Any such report will be investigated by the school’s administration and will be substantiated by other physical indicator or physical appearance, if deemed necessary. All staff will receive in-service training in the recognition of the signs of usage.
An administrator and/or health services personnel trained to administer drug tests may conduct a test of a student’s breath, saliva, or urine. The cost of one (1) school-initiated test will be paid for by the school corporation and utilized in purposes for school discipline. After reasonable suspicion has been established by the administration, a student’s refusal to submit to drug testing may result in administration’s proceeding as if the test were positive. If a parent or guardian refuses to allow any drug testing to be administered to his/her student, disciplinary action may be taken as if the test were positive.
Drug testing results shall be considered confidential by the GJCS. Results may be discussed with the school’s guidance counselor or other school employees if deemed necessary by the administration in order to provide assistance to the student and/or for the safety of other students.
Any student who attempts to alter a drug test may be further disciplined by the administration. The student who possesses the drug test and/or who attempts to alter the results will be treated as if the test was a positive test.
RANDOM DRUG TESTING
The primary purpose of random drug testing is not intended to be disciplinary or punitive in nature, but rather is intended as an aid in discouraging or disclosing possible substance abuse problems. It is also an extension of the educational program in regards to substance abuse. It is our goal to help students make wise choices through education, through intervention, and through directing students away from unhealthy decisions. The implementation of a drug-testing program will not affect the policies, practices, or rights of the GJCS in dealing with drug and alcohol use where reasonable suspicion is obtained by means other than the random sampling provided within the program.
Each student in a GJCS building that is participating in the drug-testing program who intends to drive a vehicle on school property and/or participate in an extra-curricular activity—club, sport, or activity—will need to complete a consent form complete with the parent/guardian signature BEFORE being allowed to participate in the activity in any way, including practice. This consent form will acknowledge participation in the random drug-testing program. Students who fail to take care of this responsibility become automatically ineligible for the activity. Students who are not mandated into the program may still participate in the drug-testing program if the parent/guardian so desires through the completion of the consent form, which will be made available in the principal’s office. Failure to comply at any time with the rules and regulations of the random drug-testing program may result in exclusion from and/or the revocation of parking permit privileges and/or participation in extra-curricular activities. Definitions:
Club: a club is defined as any school sponsored group that meets in a non-curricular fashion either inside or outside the regular school day. A complete list of extra-curricular clubs will be kept on file in the principal’s office for reference to this policy. Examples of this category include, but are not limited to student council, Key Club, Foreign Language Clubs, and SOFA (art) Club.
Athletics: an IHSAA officially recognized athletic team or group, including cheerleading and dance team, which represents the GJCS outside of the regular school curriculum.
Activities: activities are defined as groups of students or individual student activities where GJCS are represented outside of the regular 8AM-3PM school day. Examples of this category would be band, choir, academic teams, and drama productions. Grades that are assigned for co-curricular participation would have to be based on classroom performance, not performance outside the school day for any individual who would be in violation the Substance Abuse policy.
The selection of students to be tested will be done randomly by the toxicology service working with the school’s drug and alcohol testing program. Each student will be assigned a number. One (1) cross-referenced list of names and numbers will be maintained by the building principal, and will be accessible only to the principal. A verified system of random selection will be employed to determine which students will be selected at a particular time. IF the toxicology service does not utilize a random selection company, the building principal will utilize www.randomizer.org to select random numbers.
GJCS will pay for drug and alcohol testing completed on the school’s dates that are established for random program testing, but is not liable for the costs of drug or alcohol testing/retesting, treatment, evaluation, or follow-up testing at any other time. GJCS reserve the right to test for alcohol with a breath test at any time before, during, and/or immediately afterward a school-sponsored activity, athletic event, or program rather than or in addition to urine or saliva testing.
Upon being selected for testing, a student will be required to provide a sample of his/her urine or saliva in a verifiable manner. Purses, handbags, knapsacks, coats, sweaters, boxers, etc. will not be allowed in the collection area. The temperature of the specimen will be checked and if abnormal a repeat specimen must be obtained at that time. A saliva specimen will be collected in front of the school employee. If a student cannot provide a specimen, he/she will be observed and isolated from other students until a specimen is obtained. If the collection specimen is diluted, or if the collector has doubts as to the legitimacy of the specimen for any reason, another specimen must be obtained in an acceptable manner before the student will be allowed to participate in any activity or drive on school property.
Any student who attempts to alter a breath test or collection specimen will be treated as though he/she has produced a positive drug test. This includes discipline under the reasonable suspicion policy.
The student’s drug testing number and the date shall be written by the student on the sample bottle chosen by the student. The student and the collector shall initial the cross-reference list in order to establish that the container has the proper identification written on it. The collector shall be responsible for turning the sample over to the testing laboratory, using the laboratory’s chain of custody procedure.
Each sample will be tested for alcohol and street drugs (which may include any and all drugs listed as controlled substances under the laws of the State of Indiana.) This will include synthetic drugs as well. The district reserves the right to test for performance enhancing drugs such as steroids or for nicotine if deemed admissible by the administration.
A student who is taking a prescribed medication shall inform the collector at the time of collection of this fact. This information may require confirmation from the parent and/or a physician if requested by the administration.
On the day of the collection, a parent/guardian will be sent a notification via US Mail that his/her son or daughter has been drawn into the random selection process and has completed a test. The laboratory shall report the results of all testing, identified by student number, in writing to the building principal. The students who return negative tests will be sent a letter via US Mail stating as such. A student who returns a positive test will be notified with his/her parent/guardian in person via a conference with the principal. A student who returns a positive test will be suspended from all activities, including practices, meetings, and/or driving (if applicable), until further notified by the principal. At this conference, the principal will work with school support staff to work through an assessment with the student.
NEEDS ASSESSMENT AND INTERVENTIONS
A needs assessment will be performed to develop a rehabilitative plan for any student producing a positive drug test. Needs assessment participants will include at a minimum: building administration, a school support staff member, student, and parent/guardian. All costs for any rehabilitation outside of the school district will be incurred by the parents/guardians. This includes any and all retests that a student will have to take and pass to be readmitted into the activity. These costs include but are not limited to counseling services, psychiatric services and/or admission to a hospital program. If requested, the guidance department may make information available to the student and parents/guardian about programs and services available in and around our area.
In the case of athletics, the athletic administrator may notify the head coach if given approval by the building principal. Similarly, sponsors of extracurricular activities and clubs may be notified at the discretion of the principal, but only when appropriate to secure the safety of other students or faculty members. The fact of testing and the results should be made known to any other school official or employee only on a need to know basis.
A student who tests positive on a drug screen will be suspended from his/her activity or from driving on school property for a minimum of three weeks (21 calendar days). A student may not apply for reinstatement to the principal until he/she can produce a negative test, which will be taken at the student’s expense. Application may be made with the principal three days prior to the 21st day of the suspension period. Once submitted complete with a negative drug test and a letter of entrance, the principal has three calendar days to issue the reinstatement of privilege of participation. The reinstatement may not take place without the production of the negative test results. The reinstatement must be produced in writing by the building principal to the student and the student’s parent/guardian.
**If a student has a second drug violation, resulting from either a failed follow-up random drug screen or a reasonable suspicion test, privileges may be restricted by the administration as outlined in any additional rules and regulations established by the Greater Jasper Schools, including rules established by the coach of a particular sport which have been approved by the athletic director. During any period of ineligibility, the student will be required to continue participating in the random testing program as well as to participate in assigned student assistance programs as determined through the needs assessment session in order to determine the student’s ability to maintain a substance-free lifestyle. The random drug-testing program does not override school discipline policy.
REFUSAL TO SUBMIT TO A DRUG TEST
A student’s refusal to submit to random drug testing will constitute as a positive drug test.
A student’s refusal to submit to random drug test on a random drug-testing selection day will result in the administration’s taking appropriate disciplinary action as if the test were positive. If a parent or guardian refuses to allow the random test to be administered on a testing day, disciplinary action will be taken as if the test were positive.
Participation may resume no earlier than 21 calendar days after the refusal to participate in the random drug-testing program, and then only after these two requirements are met: a) the student provides written confirmation of a negative drug test completed by an officially licensed laboratory, and b) the parent/guardian request to the principal in writing that the student be allowed a participant in the GJCS random drug-testing program.
The request for reinstatement may not be submitted to the administration prior to 21 days following the refusal to submit. The student’s request will be reviewed by the principal within three (3) days from submission. If approved, another random drug test may be conducted during the next random drug-testing selected day. If at that time, the student produces a negative drug test, he/she may resume participation in privileged activities.
A student who refuses a second random drug and alcohol test on a day his/her participation is required, will be prohibited from participating in privileged activities for one (1) year from the date of the second refusal. Reinstatement will require submission of written consent to participate in the program following the suspension.
If a student has a third drug refusal, the student will be prohibited (career ban) from participating in all privileged activities for the remainder of his/her tenure in GJCS. After two (2) calendar years of drug free activity, the student may request a review of his/her case by a committee composed of all building administrators, the student’s guidance counselor, and the school nurse. A decision by the committee to reinstate must be unanimous. Students who are reinstated may be required by the building administrator to submit to testing for drugs and alcohol on a regular basis, at the student/parent/guardian’s expense. If at any time a subsequent positive test results, the student will be banned from all privileged activities for the remainder of their school career without any right of appeal.
Additional Random Drug Test Offenses:
A student who produces a second random drug and alcohol test on a day his/her participation is required, will be prohibited from participating in privileged activities for one (1) year from the date of the second negative test. Reinstatement will require submission of written consent to participate in the program following the suspension.
If a student has a third drug offense, the student will be prohibited (career ban) from participating in all privileged activities for the remainder of his/her tenure in GJCS. After two (2) calendar years of drug free activity, the student may request a review of his/her case by a committee composed of all building administrators, the student’s guidance counselor, and the school nurse. A decision by the committee to reinstate must be unanimous. Students who are reinstated may be required by the building administrator to submit to testing for drugs and alcohol on a regular basis, at the student/parent/guardian’s expense. If at any time a subsequent positive test results, the student will be banned from all privileged activities for the remainder of their school career without any right of appeal.
**A student may be considered to violate the GJCS drug-testing program outside of school by being arrested for involvement with illegal substances or by having police reports filed indicating the student was/has been/is involved with illegal substances. In such instances, privileges will be revoked. The student will be tested on the next random drug test date to establish baseline levels. If the student tests negative, he/she will be considered to have a clean drug test and may resume extra-curricular activities and/or drive on school grounds upon the completion of the twenty-one-day suspension. However, if the student tests positive, she/he will still be considered to have one (1) prior violation and will be subject to the drug testing program’s guidelines and procedures.
SELF REPORT OPTION
In regards to the random drug-testing program, a student may choose to self-report PRIOR to being tested at the testing site. The principal shall ask the student prior to being led if he/she would like to exercise that option. Should a self-reporting take place, the student may return to the activity upon the following: a) all qualifications of a positive test above, but the opportunity to return to the activity after fourteen (14) days, provided a negative test be produced upon the application for reinstatement.
Linke vs. Northwestern School Corporation (763 N.E. 2nd 972)