Drug, Alcohol, and Tobacco Policy

(Board Policy 7:190)

1. ILLEGAL SUBSTANCES – The Batavia School Board of Education has recently reaffirmed policies regarding disciplinary action for students with regard to illegal substances including but not limited to:  
   1. Possession, use, being under the influence, transfer, sale arranging or soliciting for the use, sale or purchase of any illegal drug, narcotic, controlled substance, cannabis, alcoholic beverage, prescription medication, over the counter drug not dispensed by the building nurse, anabolic steroids, performance-enhancing substances or “look-alike” drug, drug type paraphernalia, including rolling papers, “vape pens/hash oils” is prohibited.
   2. The above are prohibited on all school buses, at all school bus stops, on all school property, at all areas within a reasonable relationship to the school, and at any school sponsored activity in or away from school at any time of the day.
   3. A school nurse may be asked to conduct an assessment.
   4. The policies also include the non-medical use of any substance which changes behavior (excessive use of diet pills, breath spray, dust off cans, etc.).  
   5. A person shall be deemed in possession of the substance if it is reasonable for the person to gain access to it (e.g. book bag, locker, and car).
   6. Possession of drug paraphernalia is a Class A Misdemeanor punishable by up to one year in a county jail and/or $1000 fine. The minimum fine for possession of drug paraphernalia is $750. Incidents of drug and paraphernalia possession will be reported to the police and arrests will be made when applicable. A referral to the Dean’s office will also be made.
   7. Being under the influence, or the Administration having reasonable suspicion that a person is under the influence, or use of any drug, narcotic, or alcoholic beverage is prohibited.
   8. The sale, purchase, transfer, arranging or soliciting for the use or sale or purchase of a drug, narcotic, alcoholic beverage, or “look-alike” drug or possession of a quantity of any of the above to warrant suspicion of the intent to sell or distribute is prohibited.  A “lookalike is defined as a substance, not containing an illegal drug or controlled substance, but one (a) that a student believes to be, or represents to be, an illegal drug or controlled substance, or (b) about which a student engaged in behavior that would lead a reasonable person to believe that the student expressly or impliedly represented to be an illegal drug or a controlled substance.  
2. TOBACCO POLICY – The Board of Education has reaffirmed the policies of maintaining Batavia Schools as a smoke-free environment.
   1. Use, possession, transfer, sale arranging or soliciting for the use, sale or purchase of tobacco products is prohibited in the school and anywhere on campus. Holding a cigarette will also be considered a violation of the smoking regulation. Cigarettes, tobacco products, matches, and lighters are to be handed over to staff members upon request. Smoking materials will be confiscated and not returned to the student.
   2. Minors under the age of 18 who are seen smoking or who have tobacco products in their possession while in school or on school property will receive a citation within the parameters of local ordinances and state statutes.  
   3. Please note that this policy applies to students and adults (without school disciplinary action) when on school property at any time and at all school functions or preparation for them.
   4. Smoking, using smokeless tobacco and the use or possession of smoking materials including, but not limited to lighters, electronic cigarettes, electronic cigarette liquid, and matches are prohibited.