4102A - Student Use of Controlled Substances

In order to curb the unlawful use of drugs, alcohol and tobacco by students in the public schools of Piute County and to provide a proper and safe environment for children in attendance at those schools, the following policies are adopted:

Utah Criminal Code Sec. 76-10-105 makes it unlawful for any person under 19 years of age to possess tobacco in any form.
Utah Criminal Code Sec. 32-7-15.4 makes it unlawful for any person under 21 years of age to purchase, consume or possess any alcoholic beverage.
Utah Criminal Code Sec. 58-37-4 makes it a serious violation to use, possess or distribute any controlled substance. Marijuana, prescription drugs and certain other known hallucinogens are controlled substances.
Therefore, any student on or adjacent to a school campus or attending or participating in any school activity or being transported or in any way directed by school personnel who is found to be in possession of or having consumed alcoholic, beverages or tobacco or any controlled substance including drug paraphernalia, will be subject to administrative action.

1. All first offenders of this policy will be reported to the school principal.
2. Parents or legal guardians of students reasonably suspected of using any controlled substance (alcohol, tobacco, or illegal drugs) will be notified by the designated school officer at the student's school according to Utah State Statute (53A-11).
   • The principal may not disclose to the student or to the student's parents or legal guardian the identity of the educator who made the initial report. (Utah Code 53-226-3).
3. In serious cases the police will be summoned to make an investigation. The police may make the referral to Juvenile Court and handle the investigation.  In these cases, it will be the duty of the school officials to assist in any way possible.
4. The student who has been found to have violated this rule or policy will be suspended from school for one to three days after the parent or guardian has been notified, and a parent, student, teacher, and administrator conference will be set up prior to the student's reentering school. During the conference the criminal law, the school policy, and the harmful effects of the illegal substance involved will be explained. Every effort will be made to evaluate the problem and establish a written plan that will be followed. The written plan will include a contractual agreement that the student will cease and desist from further use of any illegal substance while at school or any school related activity. All parties in attendance will sign the plan as a witness that they will live up to the agreement.
5. Students that are currently participating as a representative of the school activities (including serving as a student body officer or representative, a class officer or representative, competitive athletics, public performances of band, orchestra, singing, dance, drama, speech or forensics, exhibiting in the science fair or the vocational day) and who have violated these rules and/or policies will automatically be suspended from participation in these activities for three months.
6. If on the first offense the student was not referred to Juvenile Court, then on the second offense and after earnest and persistent effort, as defined by the above, has been made by the school to solve the problem, the student will be referred to the Juvenile Court for further action. A record of the offense and the action taken by the school will accompany the referral.
7. Failure to solve the problem with the student will result in a referral to the board of education with a recommendation to expel the student from the school.