Substance Abuse - Students Regulation

1.1 The Substance Abuse Policy and Regulation refers to the illicit use or possession of alcohol or other intoxicants. Examples include, but are not limited to:

• a student being in possession of or distributing a drug that is illegal under the Criminal Code of Canada e.g. heroin
• a student intoxicated, in possession of, or distributing alcohol
• a student distributing his or her or someone else’s prescription drug (e.g. Ritalin)
• a student using model airplane glue as an inhalant
• a student using over-the-counter cold medicine for the purpose of intoxication
• a student using or distributing a natural plant substance for the purpose of intoxication (e.g. jimson weed, marijuana)
• a student using legal grocery products for the purpose of intoxication (e.g. ingesting Vanilla Extract)

1.2 The Substance Abuse Policy and Regulation shall be communicated annually by the Principal in writing, to staff, parents or guardians and students. As a result, any breach of the discipline component of the Board policy will then be treated as an informed and willful act.

1.3 Written summaries of the Policy and Regulation may take the form of newsletters, brochures andposters and be posted on school web-sites, and included in school newsletters or student and staff handbooks. The 
pertinent information from the Policy and Regulation should also be embedded in the School Code of Conduct (Refer to Regulation: Code of Conduct and Discipline for Students). 

1.4 Further communication of the Policy and Regulation may occur during class discussions or assemblies.

2.1 The Durham District School Board recognizes that the best method of prevention is a well-developed,quality, health promotion education program.

2.2 The goals of lifestyle education are to help students develop the skills they need in order to make healthy 
choices, and prevent problems related to the illicit use or possession of alcohol, illegal drugs and/or other 
intoxicants.

2.3 Learning opportunities to develop attitudes and behaviours which promote healthy living and build positive 
self-esteem occur throughout the student's formal education. Learning opportunities must be linked to the developmental stages of the students. Education to promote healthy lifestyles will be delivered in a variety of ways, including integration into various curriculum areas, and will be supported by innovative activities and initiatives.

3.1 The Durham District School Board is committed to responding to the illicit use or possession of alcohol, illegal drugs and/or other intoxicants by students through the provision of early identification and intervention.

3.2 The goals of early identification and intervention are to reduce the use of alcohol, illegal drugs and/or other intoxicants, and the associated problems. Accessible assessment, counselling and referral services should be 
provided for students who are experiencing problems with alcohol, illegal drugs and/or other intoxicants.

4.1 The goal of Bias-Aware Progressive Discipline is to protect the health and safety of all students by deterring the use of alcohol, illegal drugs and/or other intoxicants on Board property or at Board-sponsored events. Bias-Aware Progressive Discipline will be the underlying philosophical approach to determining the consequences for students whose behaviour is deemed to be inappropriate and requires disciplinary action (Refer to the Bias-Aware Progressive Discipline and PPM 145).

4.2 Bias-Aware Progressive Discipline procedures are to be followed when there is reasonable suspicion of substance abuse.

4.3 Steps to follow when a student uses, or is in possession of alcohol, illegal drugs and/or other intoxicants:

First Incident:

The Principal will:

1. confiscate any alcohol, illegal drugs and/or intoxicants present, and dispose of it according to 
   procedure (Refer to Section 7)
2. advise the student that his or her behaviour is an infraction of the School Code of Conduct and apply 
   a consequence based on Bias-Aware Progressive Discipline
3. contact the parents or legal guardians and advise them and the student about consequences, and 
   available support services
4. assist with the safe conduct of the student from school property, if required, refer the student for 
   assessment and/or counselling

The Principal may:

• suspend the student or consider alternative disciplinary action
• contact the police (see Police/School Board Protocol)

Subsequent Incidents (within the current school year or previous 12 months)

The Principal will:

• refer to the procedure for the First Incident above (a-d)

The Principal may:

• implement Bias-Aware Progressive Discipline (follow Bias-Aware Progressive Discipline guidelines)
• contact the police (see Police/School Board Protocol)
  

NOTE: For repeated or severe incidents and refusal to accept the referral for a preliminary assessment and/or counselling, further sanctions may be enacted according to Board Regulation #5148. In making this decision, three considerations will be taken into account:

• the student has indicated that he or she will continue using alcohol, illegal drugs and/or other 
  intoxicants
• lack of serious concern on the part of the student about the consequences of using alcohol, illegal drug and/or other intoxicants
• the level of disruption to the learning environment imposed on other students, school staff, and the school climate

NOTE: In all investigations, mitigating factors must be considered before determining appropriate consequences (Refer to Regulation: Code of Conduct, and Discipline for Students.)

4.4 The Distribution or Trafficking of Alcohol, Illegal Drugs and/or other Intoxicants:

Distribution refers to sharing, selling, or the widespread distribution of alcohol, drugs and or other 
intoxicants; legal or illegal.

When dealing with the distribution of alcohol, illegal drugs and/or other intoxicants the Principal will:

• confiscate any alcohol, illegal drugs and/or other intoxicants present and deal with it according to Section 7
• contact the parents or legal guardians and advise them and the student about consequences and available support services
• advise the student and the parents or guardians about Bias-Aware Progressive Discipline for 
  subsequent incidents
• suspend the student or consider alternative disciplinary action (follow Bias-Aware Progressive Discipline guidelines)
• contact the police (see Police/School Board Protocol)
  

The Principal will:

• detain the student at the school (or the event) under supervision in order to ensure his or her safety
• contact the student's parents or guardians to come and get the student to ensure the student arrives home safely
• attempt, if the parents or guardians are not available, to find another responsible adult, as designated by parents or guardians, who can take the student home and provide care
• contact the police if the parents or guardians or other designated adults cannot be reached, or if the student refuses to stay under supervision
• advise parents or guardians of the action taken as soon as possible
• enact the disciplinary procedure for using alcohol, illegal drugs and/or other intoxicants
• confiscate and deal with any alcohol, illegal drugs and/or other intoxicants according to Section 7

During an investigation:

• it is the duty of the Principal to maintain a safe and secure environment (Refer to Appendix A, Section 1)
• it is the duty of a school Principal to carry out an investigation of incidents where the question of maintaining order and discipline is involved (Refer to Appendix A, Section 4)
• prior to conducting a search or seizure establish reasonable grounds for a search (Refer to Appendix A, Section 6)
• the interview process shall be conducted in a manner to maintain fairness and openness for all (Refer to Appendix A, Section 7)
• it is the duty of the Principal to determine and implement the appropriate course of action being certain to consider: Bias-Aware Progressive Discipline and mitigating and other factors 
  (Refer to Appendix A, Section 8 and Section 9)

7.1 Illegal Drugs

Disposition:

The Principal will:

• call the police immediately and report that a student has illegal drugs
• utilizing protective gear (Refer to Appendix A, Section VI), such as latex gloves, the administrator will place the drug in a sealed envelope and record pertinent information on the envelope
• lock up the envelope in a secure place in the school until the police arrive (e.g. secure filing cabinet or locked desk drawer in the Principal's office) 
• under no circumstances are the drugs to be held in a briefcase, unlocked desk drawer, etc.
• give the police officer the envelope and have a police report filled out
• obtain the incident number and badge number for the incident report
• document the seizure and transfer of the drugs as soon as possible

7.2 Alcohol

It is illegal to have alcohol in a place other than a residence or a licensed establishment. A student may be charged even if the student is of legal age to consume alcohol (i.e., 19 years old).

The Principal will confiscate the alcohol, and police may be contacted.

Disposition:

Student is a Minor (less than 18 years under the Education Act)

When the alcohol is turned over to Principal, he or she will:

• store alcohol in a secure place
• contact the parents or guardians as soon as possible
• if police have not been contacted decide, following consultation with the parents or guardians, on the disposition of the alcohol which may range from having the parents or guardians pick it up as soon as possible to discarding it
• document the course of action adopted as soon as possible
• have parents or guardian sign a “receipt” if they take possession of the alcohol
• have all actions witnessed by a staff member or the police and documented
• if police have contacted decide, follow police direction, on the disposition of the alcohol.

Student an Adult (18 years of age or older under the Education Act)

When the alcohol is turned over to Principal, he or she will:

• empty the alcohol down the drain
• have the action witnessed and documented by a staff member or the police

7.3 Intoxicants

Student is a Minor

The Principal will:

• store the intoxicant in a secure place
• contact the parents or guardians as soon as possible
• decide, following consultation with the parents or guardians, on the disposition of the substance which may range from having the parents or guardians pick it up to discarding it, according to Health and Safety regulations
• document the course of action adopted as soon as possible
• have parents sign a “receipt” if they take possession of the intoxicant
• have all actions witnessed by a staff member or the police and documented

Student is an Adult

Adult students must immediately forfeit possession of the substance.

When the substance is turned over to the Principal, he or she will:

• dispose of it in accordance with Health and Safety regulations
• have the action witnessed by a staff member or the police and documented