F6 PROCEDURES
STUDENT ALCOHOL AND DRUG ABUSE
ADMINISTRATIVE PROCEDURES
Our procedures are guided by the following definitions.
Substance Abuse is the ingestion of drugs and or alcohol in such a way that it interferes with a person’s ability to perform physically, intellectually, emotionally, or socially.
Drug means any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined by state or federal regulation or statute.
Alcohol means beer porter, stout, ale, wines, cordials, and liquors, together with any other food or beverage that contains one percent or more of the product of distillation of any fermented liquor, rectified either once or oftener whatever may be the origin thereof and includes ethyl alcohol and alcohol which is considered nonpotable. Alcohol also includes medicinal products such as Listerine and Nyquil, if they contain one percent or more alcohol unless possessed and used in a manner consistent with South Burlington School District Medication Administration Procedures.
Suspension and/or Suspended means a student who is suspended is prohibited from school grounds and school functions and may not participate in school activities or be on school property without an appointment pre-approved by the principal or his/her designee. No direct instructional services are provided to a student during a suspension. Students may, at their own initiative, obtain their assignments, complete work on their own and may be awarded credit for such work.
Long-term Suspension means a suspension of more than ten days.
Expulsion and/or Expelled means a student who is expelled is prohibited from the school grounds and school functions and may not participate in school activities or be on school property without an appointment pre-approved by the principal or his/her designee for the remainder of the school or calendar year. No educational services will be provided to the student, the student shall receive no credits. At its discretion or if required by law, the School Board may order that services be provided and/or that credits may be earned.
Parent is the person or persons having legal custody of the student.
School Day means is a day on which school is in session.
School Grounds means real property owned, leased, or otherwise controlled by the South Burlington School District. School Grounds also includes real property abutting and within 500 feet of real property owned by the South Burlington School District and vehicles owned leased or otherwise controlled by the South Burlington School District. (18 VSA Section 4237).
School Functions are events and activities for students sponsored, authorized, and/or controlled by the school whether or not conducted on a school day.
Drug Paraphernalia is all equipment, products, devices and materials of any kind which are commonly used, promoted for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing a drug into the human body.
These procedures apply to all students on school grounds and at school functions, except as specified below in Section 3.A– The International Exchange (TIE). (Attached)
1) Educational Programs
The District shall provide the following educational programs relating to alcohol and drugs:
a) School Personnel - An ongoing in-service drug education program for all school personnel.
b) Students - The District shall conduct an alcohol and drug abuse educational program in accordance with the requirements of 16 V.S.A. Section 909, the Vermont Alcohol and Drug Education Curriculum Plan and the federal Safe and Drug-Free Schools and Communities Act (P.L. 101-226).
c) Parents - Informational and training programs shall be provided through the District’s parent organizations and the school counselors.
2) Self-Referral for Assistance with Drug or Alcohol Problems
The South Burlington Schools will support and assist any student who acknowledges a problem with alcohol or drug use and seeks rehabilitation.
A student who seeks the assistance of a school counselor shall be offered educational resources, individual or group counseling and/or referral to a community agency. These services shall be provided without reprisal provided the following conditions are met:
· The student is self-referred, not “caught” in violation of school or legal policies.
· The situation presents no immediate or apparent threat of harm to others.
· The student commits to a plan of rehabilitation.
3) In-School Support and Referral System
School counselors and administrators in each school shall be available to consult with students whose behavior or performance may indicate a problem with alcohol or drug abuse.
School personnel who observe abnormal or erratic student behavior, which may be associated with the influence of drugs or alcohol, shall notify the administration. The administration will observe the student or direct the student to the administrative office, guidance office, or school nurse for further investigation.
4) Community Support and Referral System
In dealing with issues involving substance abuse by students, every effort will be made to promote responsible student decision-making. The school’s focus will be to encourage appropriate medical and/or psychological intervention. Students and parents or guardians will be given information about outside agencies and will be encouraged to access such services and programs.
The District shall maintain a written referral agreement with a community substance abuse treatment provider.
The District shall work cooperatively with the South Burlington Police Department to obtain assistance in responding effectively to alcohol or drug related incidents within the school environment.
The District shall also work cooperatively with appropriate state and community agencies to provide effective alcohol and drug counseling and education programs for students, staff, and parents.
5) Confidentiality
The District shall adhere to the requirements of the Congressional Federal Register pertaining to Confidentiality of Alcohol and Drug Abuse Patient Records. (42 C.F.R. Part 2)
1) Violations
It shall be against these procedures for anyone on school grounds or at school functions to:
· sell, or attempt to sell (offer, arrange a sale, etc.) alcohol or drugs
· distribute, or attempt to distribute alcohol or drugs
· exchange, or attempt to exchange alcohol or drugs
· use prescription drugs except as permitted by district procedures for Medication Administration
· participate in any of the above referenced behaviors
· participate in any way in any of the above referenced behaviors with any substance they believe or represent to be alcohol or drugs
· purchase, use, or possess drug paraphernalia
· retaliate in any way against any person who may or has participated or cooperated in an investigation of the above violations. Retaliation includes but is not limited to verbal and/or physical threats, intimidation, assault and/or battery or an attempt to do any of the foregoing.
The South Burlington High School T.I.E. (The International Experience) rules and regulations relating to alcohol and drugs will govern students participating in a T.I.E. program in a foreign country.
A student suspected of a violation shall be required to cooperate with a school and/or police investigation.
1) Consequences
Students who violate the Student Alcohol and Drug Policy shall be disciplined and, if appropriate, offered support for rehabilitation. Any student accused of a violation of the Student Alcohol and Drug Policy shall be entitled to an informal hearing before a designated school official. At such a hearing the designated school official shall:
· Inform the student of the charges against him or her
· Explain the evidence
· Give the student an opportunity to tell his or her side of the story
· Explain the possible consequences
Following the informal hearing, the school official shall make a decision and provide the student’s parent with a written finding explaining the official’s decision as to whether the student has violated the Student Alcohol and Drug Policy, the nature of any violation and, if violation has been found, the discipline imposed or recommended. The designated school official may impose any penalty up to 10 school days’ suspension. A penalty of 10 or more school days suspension or expulsion may be recommended by the designated school official, but shall be imposed only after due process hearing before the School Board under the Student Alcohol and Drug Policy.
When a student’s conduct or condition is deemed to be an immediate threat to himself or herself, others, property or the educational environment, the student may be immediately suspended pending a due process hearing to be held within 10 school days thereafter.
Students who are suspended or expelled for violating the Student Alcohol and Drug Policy may, at the discretion of the school administration or School Board, continue to receive educational or counseling services deemed to be in the best interest of the student.
3) Specific Violations and Consequences:
a) Sale, Purchase, Distribution or Exchange of Alcohol or Drugs; Attempt to Distribute, Sell, Purchase, or Exchange of Alcohol or Drugs; or Participation in the Distribution, Sale, Purchase, or Exchange of Alcohol or Drugs.
Consequences – All of the following will occur:
· Suspension for 10 school days and
· further suspension or expulsion as the School Board deems appropriate under the section Failure to Follow Treatment Recommendations.
b) Use, Possession, being Under the Influence, Possession of Drug Paraphernalia, Participation in a Related Incident or Refusal to Cooperate With an Investigation.
First Violation: All of the following will occur:
· Parents will be notified and the student sent home for the remainder of the day.
· Suspension for up to 10 school days.
· Suspension from School Activities for up to 10 calendar days.
· Meeting with parent, student, administrator and school counselor to initiate a plan of rehabilitation
· Before returning to school the student is required to show evidence of an appointment with a substance abuse counseling program. The student must comply with the counseling program’s treatment recommendations. If the student fails to do so, the Administration, at its discretion, may refer the matter to the School Board to consider further disciplinary action.
· Upon the return to school the student must meet with the school counselor. If the student fails to do so, the Administration, at its discretion, may refer the matter to the School Board for further disciplinary action.
· If the rehabilitation requirements are not pursued completely or the required information is not provided to the school, the Administration, at its discretion, may refer the student to the South Burlington School Board to consider further disciplinary action.
Second Violation:
In addition to all of the consequences of a first violation, the following shall apply:
· Mandatory suspension 10 school days
· Suspension from all school activities for 10 school days after return to school.
Third Violation:
The consequences for a third violation of this section of these procedures shall be the same as those for the Sale, Purchase, Distribution or Exchange of Alcohol or Drugs; Attempt to Distribute, Sell, Purchase, or Exchange of Alcohol or Drugs; Participation in any way to support the Distribution, Sale, Purchase, or Exchange of Alcohol or Drugs.
c) Retaliation
Consequences:
Any or all of the following may occur, depending on the seriousness of the circumstances:
· Suspension for up to 10 school days.
· Suspension from School Activities for up to 10 calendar days.
· further suspension or expulsion as the School Board deems appropriate.
FAILURE TO FOLLOW TREATMENT RECOMMENDATIONS
Any or all of the following may occur, depending on the seriousness of the circumstances:
· Suspension for up to 10 school days.
· Suspension from school activities for up to 10 calendar days.
· Further suspension or expulsion as the School Board deems appropriate.
SUSPENSIONS OF MORE THAN 10 SCHOOL DAYS; EXPULSIONS
1) If a designated School Official finds that a student has violated the Student Alcohol and Drug Policy and recommends that a Suspension of 10 or more school days or an Expulsion should be imposed the following procedure shall be followed:
The School Board will make every effort to convene a hearing within 9 school days of the recommendation.
· The hearing will be informal
· The Administration shall bear the burden of showing that a violation of the Student Alcohol and Drug Policy has occurred, unless the student admits the violation. The Student may present evidence
· The Board may consider any evidence, which it, in its discretion, considers probative, without regard to the rules of evidence.
· The Administration may be represented by legal counsel.
· The Board may be assisted by legal counsel.
· The student shall be entitled to representation by counsel at his or her own expense.
· The student shall be entitled, if present, to explain his or her version of the events and to address what consequences, if any, are appropriate.
· Upon conclusion of the hearing and after deliberation, the Board will make its decision.
· A written summary of the Board’s decision shall be provided to the student and parent within 7 calendar days of the hearing.
2) Return to School After Suspension or Expulsion
a) Before a student who has been suspended from school for more than 10 school days or expelled from school can return, the student must demonstrate to the reasonable satisfaction of the Administration:
· Involvement with a substance abuse or alternative counseling program that:
o provides evaluations and recommendations for related services and
o has the prior approval of the school administration.
· Evidence that the student has complied with the treatment recommendations of the counseling program.
b) When the student returns to school the student must meet with the school counselor and continue following through on the treatment recommendations of the substance abuse counseling program.
c) If the student fails to comply with the requirements listed above, the Administration, at its discretion, may refer the matter to the School Board for consideration of further disciplinary action up to and including expulsion.
REPORTING AND RESPONDING TO A DRUG OR ALCOHOL INCIDENT
Confrontation and Reporting
1) School Personnel – All school personnel are expected to confront students immediately to discuss any suspected or actual alcohol or other drug use violation and they are required to report the incident to the principal or his/her designee (hereafter “principal”) as soon as possible.
2) Students – Students who suspect or know of alcohol or other drug violations are encouraged and expected to give this information to a school counselor or administrator. The identity of the student will remain confidential.
Investigation
The principal shall investigate the incident and determine appropriate action. When there is sufficient information to suspect that a violation has occurred the student(s) will be expected to cooperate fully. This may include, but is not limited to, emptying pockets, pocketbooks, and/or backpacks. In addition, student desks, lockers and/or vehicles parked on school premises may be inspected. The principal reserves the right to contact the police if deemed appropriate.
Notification of Parent
If the investigation confirms that a probable violation of the Student Alcohol and Drug Policy has occurred, the principal will immediately attempt to notify the parent(s) and request that they come to school to participate in an informal suspension hearing.
The student shall remain at school until such time as the parent can arrange for transportation home or until the student is discharged to a social service, medical, or law enforcement agency. In no event will an obviously impaired student be sent home without an escort.
Informal Hearing
The student and parent shall be given the opportunity for an informal hearing. The principal, at his/her discretion, may include other appropriate school personnel. Due process procedures, as outlined in these procedures, shall be followed.
The rehabilitative action component requires the involvement of a substance abuse counseling program that provides evaluations and related services and has the prior approval of the school administration. As a condition of continued school enrollment, the administration shall request that the student/parent sign a release permitting the outside agency to provide information resulting from the rehabilitation plan that may be of assistance to insuring the student's success as a student upon returning to school, in accordance with Section 2.31(a) of the Congressional Federal Register pertaining to Confidentiality of Alcohol and Drug Abuse Patient Records. As a minimum disclosure, verification of enrollment in a substance abuse counseling program will be required by the Administration as a condition of continued enrollment in school.
Demonstrated proof of successful completion of a rehabilitation plan will be a condition of continued attendance or reinstatement.
Notification Under Emergency Conditions
If, in the opinion of the principal, an emergency situation exists, the South Burlington Rescue Squad and/or the South Burlington Police Department will be called. The parent will be notified prior to such action when possible and in all other instances as soon as possible thereafter.
Notification of Police
The principal will notify the South Burlington Police Department in any instance of suspected or actual alcohol or other drug use, possession, or distribution that would violate state or federal laws.
Student use of prescription drugs or over the counter drugs for medicinal purposes is governed by the District Procedures on Medication Administration.
When disciplining students who receive or are eligible for services under the Individuals with Disabilities Education Act (IDEA) or §504 of the Rehabilitation Act (“§504”), the District will comply with the State and Federal laws, including but not limited to the IDEA, the 2004 Amendments to the IDEA, §504 and applicable Vermont State Statutes and Regulations.
All school groups and teams shall adhere to the Student Drug and Alcohol Abuse Policy. However, individual extracurricular programs may develop rules and responsibilities with higher expectations for student behavior. Participation in these activities is voluntary and therefore students will be expected to follow the group’s policies regarding alcohol and other drug use.
Regulations have been developed that address alcohol and other drug abuse by students participating in high school athletics or The International Experience (T.I.E.).
The International Experience Program Requirements and Policies