Student Substance Use and Possession Administrative Procedures
NEPN/NSBA Code: JICH-R
The Yarmouth School Department shall implement the following procedures listed in this policy. It shall be the responsibility of the Superintendent and/or his/her designee(s) to ensure that these procedures are followed and to develop any additional procedures that may be necessary to support these procedures and policy JICH. Violations of the policy are cumulative for students in grades 5-8 and 9-12, but do not carry over between these grade spans.
For the purposes of this policy and any relevant administrative procedures, staff members are defined as any individuals who are employed by the Yarmouth School Department, who are activity supervisors or coaches, or individuals who support any co/extracurricular activities.
I. Voluntary Referrals
a. Any school staff member who has a concern or is approached by a student(s) about a substance use problem shall refer the student(s) to a school social worker and/or substance use prevention counselor, or other appropriate staff.
b. Parents/guardians or students who have a concern about a student’s possible substance use are encouraged to notify a school social worker and/or substance use prevention counselor, or other appropriate staff of their concern.
c. A student concerned about his or her own substance use may seek the assistance of a school social worker and/or substance use prevention counselor, or other appropriate staff.
d. The substance use prevention counselor/social worker will meet with the student and his/her parents/guardians and/or case manager, to perform a nonclinical chemical health assessment, in conjunction with the school nurse when appropriate, and develop an action plan to meet the individual student’s needs under a voluntary referral. Confidentiality of student information concerning substance use issues will be maintained in accordance with state and federal laws.
II. Discipline
a. Infractions of the Student Substance Use and Possession Policy (JICH) will result in disciplinary action as described in this procedure. Students involved in extracurricular or co-curricular activities are subject to additional rules and sanctions (see School Committee Policy JJ and JJ-R). Appropriate law enforcement authority shall also be notified about all violations.
b. Any staff member who has reasonable basis to suspect a student of possession, use, or selling to another student of a prohibited substance has the responsibility to:
i. Take whatever immediate action is necessary to secure the health and safety of the involved student(s);
ii. Report the case immediately to a school administrator or other appropriate authority. Administrators will investigate the allegation and take further steps based on the facts of each case and in accordance with established disciplinary procedures. Students will also be referred to law enforcement authorities.
III. Delineation of penalties for violations of policy JICH.
a. When a student is found consuming or possessing prohibited substances, and/or being under the influence of prohibited substances:
i. First Offense
1. Verification and confiscation of substance and/or paraphernalia by school personnel;
2. Provision of immediate medical needs of involved student(s);
3. Notification of violation and penalties to student through meeting with administration;
4. Notification of law enforcement;
5. Notification of parent/guardian and/or case manager;
6. Consequences:
a. Option #1. Five-days suspension from school and notification of Superintendent of Schools.
b. Option #2. Two-days suspension from school and a non-clinical assessment by the School Substance Use Counselor and notification of the Superintendent. The results of the evaluation will lead to recommendations that the student must follow. Failure to follow the recommendations could lead to additional consequences.
ii. Second Offense
1. Verification and confiscation of substance and/or paraphernalia by school personnel;
2. Provision of immediate medical needs of involved student(s);
3. Notification of violation and penalties to student through meeting with administration;
4. Notification of law enforcement;
5. Notification of parent/guardian and/or case manager;
6. Consequences: 10-days suspension from school and notification of Superintendent of Schools and mandatory continued work on recommendations from first offense.
iii. Third Offense
1. Verification and confiscation of substance and/or paraphernalia by school personnel;
2. Provision of immediate medical needs of involved student(s);
3. Notification of violation and penalties to student through meeting with administration;
4. Notification of law enforcement;
5. Notification of parent/guardian and/or case manager;
6. Enforcement of a 10-day out-of-school suspension at the discretion of administration;
7. The student and parent/guardian will be required to meet with the Superintendent to discuss possible expulsion.
iv. Fourth Offense
1. Verification and confiscation of substance and/or paraphernalia by school personnel;
2. Provision of immediate medical needs of involved student(s);
3. Notification of violation and penalties to student through meeting with administration;
4. Notification of law enforcement;
5. Notification of parent/guardian and/or case manager;
6. Enforcement of a 10-day out-of-school suspension at the discretion of administration;
7. Meeting with Superintendent of Schools and School Committee for an expulsion hearing.
b. Penalties for furnishing, selling, buying and/or manufacturing prohibited substances:
i. First Offense
1. Verification and confiscation of substance and/or paraphernalia by school personnel;
2. Provision of immediate medical needs of involved student(s);
3. Notification of violation and penalties to student through meeting with administration;
4. Notification of law enforcement;
5. Notification of parent/guardian and/or case manager;
6. Enforcement of a 10-day suspension;
7. Meeting with Superintendent of schools to discuss potential expulsion.
ii. Second and Subsequent Offenses
1. Verification and confiscation of substance and/or paraphernalia by school personnel;
2. Provision of immediate medical needs of involved student(s);
3. Notification of violation and penalties to student through meeting with administration;
4. Notification of law enforcement;
5. Notification of parent/guardian and/or case manager;
6. Enforcement of a 10-day suspension
7. Meeting with Superintendent of schools and School Committee for an expulsion hearing
c. Under any circumstance in which a student has committed a violation which is covered in both section a, “Penalties for consuming, possessing prohibited substances, and/or being under the influence of prohibited substances:” and also b, “Penalties for furnishing, selling, buying and/or manufacturing prohibited substances” then the greater of the two penalties shall be enacted.
IV. Enactment
a. Upon passage of this policy, all students, parents/legal guardians, staff members (including activity supervisors and coaches) will be provided with a copy of this policy through the school’s website.
Cross Reference: JIC: System-Wide Student Code of Conduct
JICH: Student Substance Use and Possession
Adopted: April 11, 1988
Revised: June 8, 1992; May 25, 1995; May 24, 2007, October 28, 2010, March 12, 2018