JDB - Student Substance Abuse

1. PURPOSE AND PHILOSOPHY

The Board of Education of Nebo School District recognizes that every student should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. Certain substances (the prohibited substances) threaten that safe environment because they may cause a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system. The use, possession, influence, distribution, or sale of prohibited substances such as tobacco, alcohol, drugs, paraphernalia, or other similarly harmful substances jeopardizes this safe environment and constitutes a hazard to the welfare of students and faculty, in addition to generally being illegal under the laws of the state of Utah and the United States.

The Board recognizes that new substances are continually being developed, marketed, and used in society. Many become available to students before laws and policies can address them by name, and many have multiple names and variations, making a comprehensive list infeasible. Therefore, the definitions and list of prohibited substances in this policy are intentionally written broadly and may contain overlapping elements. They are meant to be interpreted broadly to give school and District administrators wide latitude in addressing student safety. The omission of a specific name, product, or substance from this policy does not remove an administrator’s ability to prohibit it or issue discipline under Nebo School District Policy JD, Student Conduct and Discipline.

In order to maintain a secure and orderly learning environment, the Board hereby adopts this policy to assist students in avoiding the dangers of the prohibited substances outlined herein. The Board recognizes the benefits of helping students avoid and overcome substance abuse and intends that the District apply restorative practices before discipline that is strictly punitive.

2. PROHIBITED SUBSTANCES

Unless specifically authorized by paragraph 2.2 below, no student may use, possess, distribute, or be under the influence of any of the following while on school or District property, in any vehicle dispatched by the District, or at any school or District-sponsored activity. These prohibitions apply whether or not the actions occur during regular school hours.

Addictive Prescription Drugs 

These are drugs for which a prescription is required and which have a high potential for abuse and may lead to severe or moderate psychological or physical dependence. 

All drugs listed in Schedule II of the federal Controlled Substances Act, and most from Schedule III, fall under this category. Examples include, but are not limited to, oxycodone (such as Percocet and OxyContin), Fentanyl, Morphine, hydrocodone/codeine (such as Lortab and Vicodin), and Paregoric. 

Alcohol 

Alcohol is a chemical and a drug typically found in drinks such as beer, wine, and spirits as well as other products. 

Alcohol includes alcoholic beverages and alcoholic products as defined in the Utah Alcoholic Beverage Control Act, Utah Code Ann. § 32B-1-102.

Alcohol includes beer, liquor, and any product that contains at least 0.5% of alcohol by volume and is obtained by fermentation, infusion, decoction, brewing, distillation, or other process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol in an amount equal to or greater than 0.5% of alcohol by volume. 

Electronic Cigarette

This is a broad category meant to encompass anything used in relation to vaping.

As defined in Utah Code Ann. § 76-10-101, it means any electronic oral device that provides an aerosol or a vapor of nicotine or other substance; and which simulates smoking through the use or inhalation of the device; a component of the device; and an accessory sold in the same package as the device. It includes any oral device that is composed of a heating element, battery, or electronic circuit; and is marketed, manufactured, distributed, or sold as and e-cigarette; an e-cigar; an e-pipe; or any other product name or descriptor if it meets the above definition.

It includes an “electronic cigarette product,” as defined in Utah Code Ann. § 76-10-101;

It includes an “electronic cigarette substance,” as defined in Utah Code Ann. § 76-10-101, which is any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette;

It includes a “flavored electronic cigarette product,” as used in Utah Code Ann. § 76-10-101, which is an electronic cigarette product that has a taste or smell that is distinguishable by an ordinary consumer either before or during use or consumption of the electronic cigarette product, including a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice;

It includes a “prefilled electronic cigarette,” as used in Utah Code Ann. § 76-10-101, which means an electronic cigarette that is sold prefilled with an electronic cigarette substance;

Illegal Drugs 

These are drugs that state or federal law prohibits a person from using, possessing, or distributing. 

Drugs are defined in the Utah Controlled Substances Act, Utah Code Ann., Section 58-37-2, as substances intended to affect the structure or any function of the body. 

As used in this policy, the term “drug” or “drugs” includes all  drugs and controlled substances as defined in Utah Code Ann. § 58-37-2, including those listed in Schedules I through V of either the federal Controlled Substances Act or the Utah Controlled Substances Act. 

Imitation and Other Harmful Substances 

This is a broad category intended to encompass harmful substances not otherwise defined in law or this policy. 

These include imitation controlled substances as defined in the Utah Imitation Controlled Substances Act, Utah Code Ann., Section 58-37b-1 et seq. 

These include psychotoxic chemical solvents as defined by Utah Code Ann. § 76-10-107. 

These include nitrous oxide as defined by Utah Code Ann. § 76-10-107.5.

These include performance enhancing drugs. 

These include any other substance that when applied, ingested, injected, inhaled, or otherwise consumed with the intent to affect the structure or any function of the body; cause a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; or in any manner change, distort, or disturb the aural, visual, or mental processes.

Nicotine 

Nicotine, as defined in Utah Code Ann. § 76-10-101, is a poisonous, nitrogen-containing chemical that is made synthetically or derived from tobacco or other plants. 

It includes an “alternative nicotine product,” as defined in Utah Code Ann. § 76-10-101, which is a product that contains nicotine, is intended for human consumption, is not purchased with a prescription from a licensed physician, and is not approved by the United States Food and Drug Administration as nicotine replacement therapy, and includes pure nicotine, snortable nicotine, dissolvable salts, orbs, pellets, sticks, or strips, and nicotine-laced food and beverage.

It includes a “nicotine product,” as defined in Utah Code Ann. § 76-10-101.

It includes a “nontherapeutic nicotine device,” as defined in Utah Code Ann. § 76-10-101, which means a device that has a pressurized canister that is used to administer nicotine to the user through inhalation or intranasally, is not purchased with a prescription from a licensed physician, and is not approved by the United States Food and Drug Administration as nicotine replacement therapy.

It includes a “nontherapeutic nicotine device substance,” as defined in Utah Code Ann. § 76-10-101, which means a substance that contains nicotine, is sold in a cartridge for use in a nontherapeutic nicotine device, is not purchased with a prescription from a licensed physician, and is not approved by the United States Food and Drug Administration as nicotine replacement therapy.

It includes a “nontherapeutic nicotine product,” as defined in Utah Code Ann. § 76-10-101, which means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device; and

It includes a “prefilled nontherapeutic nicotine device,” as defined in Utah Code Ann. § 76-10-101, which means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance.

Non-Addictive Prescription Drugs, 

These are drugs for which a prescription is required but which have a lower potential for abuse and a limited likelihood of leading to psychological or physical dependence. 

Drugs listed in Schedules IV and V of the state or federal Controlled Substances Act typically fall under this category. 

Examples include cough suppressants, antibiotics, diet drugs, non-amphetamine stimulants, long acting barbiturates, Valium, Lyrica, and other drugs not known to be addictive and which are not typically used recreationally. 

Over-the-Counter Drugs 

These are drugs that have a currently accepted medical use and for which a prescription is not needed.

Paraphernalia 

Paraphernalia refers to objects that have been or may be used in connection with a prohibited substance. 

As defined in the Utah Drug Paraphernalia Act, Utah Code Ann. § 58-37a-3, it includes any equipment, product, or material used or intended for use to store, contain, conceal, inject, ingest, inhale, or to otherwise introduce any prohibited substance into the human body. 

Notwithstanding this definition, students with written authorization from a parent or legal guardian and an appropriate health care provider may use and possess asthma inhalers, epinephrine auto-injectors (EpiPens), and equipment necessary for the administration of diabetes medication in accordance with Nebo School District Policy JHCD,  Administering Medication to Students. 

Tobacco

Tobacco is a product or substance made from a type of plant whose leaves have high levels of the chemical nicotine. The leaves are processed in various ways to create a substance that is smoked, applied to the gums, or inhaled. 

It includes a cigar, as defined in Utah Code Ann. § 76-10-101, which is a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette as described below;

It includes a cigarette, as defined in Utah Code Ann. § 76-10-101, which is a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette;

It includes tobacco paraphernalia as defined in Utah Code Ann. § 76-10-101, which is equipment, product, or material of any kind that is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a tobacco product or an electronic cigarette substance into the human body, and  includes the following: 

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; 

Water pipes;

Carburetion tubes and devices;

Smoking and carburetion masks; 

Roach clips, meaning objects used to hold burning materials, such as a cigarette, that has become too small or too short to be held in the hand; 

Chamber pipes;

Carburetor pipes; 

Electric pipes; 

Air-driven pipes; 

Chillums; 

Bongs; and

Ice pipes or chillers

“Tobacco paraphernalia” does not include matches or lighters. 

It is not a violation of this policy for a student to possess, use, or be under the influence of a single dose or a dosage covering the period in which the student will be at school or at a school-sponsored activity of an over-the-counter drug or a prescription drug legally prescribed to the student. Any student to whom an over-the-counter or prescription drug is administered by the school must be in compliance with Nebo School District Policy JHCD,  Administering Medication to Students, and any student possessing an epinephrine auto-injector (EPI Pen) or prescription medication for asthma or diabetes must have all required forms completed and on file at the school. Failure to do so constitutes a violation of this policy. 

3. PROHIBITED CONDUCT

Unless specifically authorized by subsection 2.2, no student may engage in any of the following conduct with a prohibited substance, as defined in section 2, while on school or District property, in a school bus or any other vehicle dispatched by the District, or at any school- or District-sponsored activity. These prohibitions apply whether or not the conduct occurs during regular school hours.

Distribute 

A student may not give or lend a prohibited substance to another, even temporarily. 

More specifically, as defined in the Utah Controlled Substances Act, Utah Code Ann. § 58-37-1, et seq., and the Imitation Controlled Substances Act, Utah Code Ann. § 58-37b-1 et seq., the word distribute means deliver and includes the actual, constructive, or attempted transfer, delivery, or dispensing to another of any prohibited substance. 

Distribution encompasses the selling of a prohibited substance but does not require an exchange of money, goods, or services. Any sharing of a prohibited substance, whether in exchange for something of value or not, constitutes distribution and is prohibited by this policy. 

 Influence 

A student may not be under the influence of any prohibited substance. 

“Influence” means the effects of any prohibited substance identified or defined in this policy. 

A student is under the influence if the student has applied, inhaled, ingested, injected, or otherwise consumed a prohibited substance and is found on school or District property, including vehicles, or at a school- or District-sponsored event before effects of the substance have worn off. 

Possession or Use 

A student may not possess or use any prohibited substance. In addition to the descriptions below, a student may be found in possession or use of a prohibited substance if it is on the student’s person, in a bag or container under the control of the student, in the student’s locker or vehicle, or near enough to a student that the student could touch it. 

As defined in Utah Code Ann. § 58-37-2, the terms possession and use both mean the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption of a prohibited substances. 

Possession and useinclude individual, joint, or group possession or use of prohibited substances. For a student to be found to have possessed or used a prohibited substance, it is not required that the student be shown to have individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the student jointly participated with one or more persons in the use, possession, or control of any prohibited substance with knowledge that the activity was occurring, 

A student may be found to have possessed or used a prohibited substance if it is found in a place or under circumstances indicating that the student had the ability and the intent to exercise dominion and control over it.

Smoking 

A student may not smoke.

As defined in Utah Code Ann. § 76-10-101, smoking means the possession of any lighted cigar, cigarette, pipe or other lighted smoking equipment. Therefore, a student may be found to have smoked whether the student inhaled or not.

Vaping

A student may not vape.

Vaping is not defined in Utah law. As used in this policy it means the use of an electronic cigarette or nicotine, as defined in subsection 2.1.

4. DISCIPLINARY ACTION 

Except as provided in paragraph 2.2, students are prohibited from using, possessing, being under the influence of, selling, or distributing the prohibited substances listed in subsection 2.1 and will be disciplined for any violation. Disciplinary action will be consistent with Nebo School District Policy JD, Student Conduct and Discipline and with the following provisions. 

Administrators shall investigate reports, suspicion, and other evidence of violations of this policy in accordance with the procedures in Policy JD. 

Students may be subject to suspension or expulsion for violation of this policy. School principals and assistant principals have the authority to suspend a student for up to ten (10) school days. The Superintendent or his/her designees may suspend a student for up to one (1) school year. The Board of Education may expel a student for a fixed or indefinite period of time. 

Administrators shall consult Exhibit 1 – Recommended Disciplinary Actions for Violations of Policy JDB when considering appropriate restorative and disciplinary action for students found to have violated this policy. Administrators shall consider all facts surrounding the violation, including any mitigating or aggravating circumstances. Discipline shall be issued in accordance with the recommended actions listed in the exhibit unless an aggravating or mitigating circumstance exists, in which case an administrator may adjust the discipline accordingly. Principals and assistant principals are not authorized to suspend a student for more than ten (10) school days. Recommendations for a suspension beyond ten (10) school days must be made to the Coordinator of Student Services. 

Mitigating circumstances may include the student’s age and maturity, remorse, addiction, physical or mental illness or disability, role in the offense, personal or home circumstances, and willingness to seek help. 

Aggravating circumstances may include the type and amount of the substance involved, the intent of the student, lack of remorse, violation of other policies in conjunction with the substance, influence on other students, and lack of cooperation with school officials. 

A school employee who discovers a prohibited substance on school property or in the possession of a student shall immediately confiscate it and deliver it to the building administrator. 

A school administrator shall dispose of or destroy an electronic cigarette product confiscated on school property or at a school-sponsored event. However, the administrator may release a confiscated electronic cigarette product to local law enforcement if the administrator has a reasonable suspicion that it contains an illegal substance and local law enforcement requests that it be released as part of an investigation or action.

Administrators should refer to Section 10 of Nebo School District Policy JD,  Student Conduct and Discipline and provide a continuum of intervention strategies such as school counseling services, parent/student conferences, behavior contracts, and drug treatment programs at every level of discipline for violations of this policy. Such intervention strategies should be in conjunction with the recommendations found in Exhibit 1 – Recommended Disciplinary Actions for Violations of Policy JDB. 

Voluntary enrollment by students in drug testing, follow-up drug screenings, drug assessments, or drug treatment programs may be considered when imposing disciplinary action. Such enrollment is at the expense of the student. 

A drug assessment is an intake evaluation at the Utah County Division of Substance Abuse/Assessment Center or an assessment of equal quality.

A drug test means the use of an oral fluid drug screen device, a blood screen, a hair follicle drug screen, or a urine drug screening method to determine use of specific prohibited illegal substances or alcohol. Nebo School District does not administer drug tests, nor does it discipline students based solely on the results of a drug test. Drug testing shall not be conducted by District employees. However, the District may contact law enforcement officials when students are suspected of having violated this policy, and the results of any testing conducted by law enforcement or other certified agency or individual may be considered in imposing student discipline. 

“Drug Treatment” means a certified drug or alcohol treatment program.

“Follow-up Drug Screening” means a drug test voluntarily submitted to by a student during the period of a suspension or other discipline for violation of this policy and may be considered in a review of the discipline imposed. Follow-up drug screenings are not required and may not be conducted by District employees. 

Students are encouraged to disclose the source of the prohibited substance for which they were found in violation, which means they should disclose to their administrator (1) the name of the person who provided the prohibited substance; (2) how the substance was provided; (3) where the substance was provided; and (4) when the substance was provided. Disclosing the source is strongly encouraged and may be considered when imposing discipline for a violation of this policy.

Students are encouraged to refer themselves to a counselor or other school official for help complying with this policy. Self-referrals prior to being found in violation of this policy may be considered when imposing disciplinary action. The District will provide a conference with the school designated educator and/or the school intervention team staff to discuss possible resources for assistance.

5. RECORD OF VIOLATIONS

Policy violations are cumulative for grades K-12, and disciplinary action becomes more severe with each subsequent violation, regardless of whichever prohibited substance is the subject of the violation. For example, if a student whose record shows a first offense of the policy for possession of tobacco in the eighth grade is found to have distributed alcohol in the ninth grade, the distribution of alcohol would constitute a second offense under Exhibit 1 – Recommended Disciplinary Actions for Violations of Policy JDB. 

The records of violations of student use, possession, being under the influence, sale, or distribution of prohibited substances shall note the date, type of violation, and disciplinary action taken and will be kept in the student's record. 

A record of similar violations from previous schools outside Nebo School District will be taken into account when imposing discipline for violations of this policy.

6. STUDENTS WITH DISABILITIES

Whenever a student receiving special education and related services under the Individuals with Disabilities Education Act (IDEA) or accommodations under Section 504 of the Rehabilitation Act of 1973 (Section 504) is subject to discipline for a violation of this or another District policy, the discipline due process procedures prescribed by applicable state and federal laws and regulations shall be followed. See Nebo School District Policy JD, Student Conduct and Discipline.

7. PREVENTION PROGRAM

In accordance with Utah Code Ann. 53G-10-406 and Utah Admin. Code R277-910, schools shall offer the Underage Drinking and Substance Abuse Prevention Program each year to students in grade 4 or 5, grade 7 or 8, and grade 9 or 10.