1.3. The School has a zero tolerance approach towards the use and or abuse of illegal substances.

Transcription

1 HILTON COLLEGE: SUBSTANCE ABUSE POLICY 1. INTRODUCTION 1.1. Hilton College ( the School ) recognises the hardship created by the use and abuse of illegal substances, as defined in clause 1.8 of this policy, that society currently faces, and is mindful of and appreciates the temptation of illegal substances in everyday life The School aims to provide an environment free from illegal substances, safe for student development and the realisation of individual potential The School has a zero tolerance approach towards the use and or abuse of illegal substances This policy is for the benefit of the entire School community and, amongst other things, endeavours in all situations to lead to appropriate support and aid in the rehabilitation process of pupils abusing substances The School will endeavour to provide assistance to pupils who experience substance abuse problems and who willingly come forward and make use of such assistance However, where pupils are found to be acting in contravention of this policy, disciplinary measures will be taken against such offender in accordance with the School s disciplinary code An illegal drug is defined in the South African Schools Act 84 of 1996, as amended and including its regulations, as: any unlawful substance that has a psychological effect; or any substance having such effect that is possessed unlawfully In respect of this policy, the term illegal substance is used generically to include, inter alia: Page 1 of 9

2 illegal drugs as defined in clause 1.7; pharmaceutical drugs (prescribed and over the counter); image and performance enhancing substances, drugs, and anabolic steroids, inhalants; and any other volatile substance/s The School recognises the duties placed on it by the following legislation, and as amended from time to time: The Constitution of the Republic of South Africa, Act 108 of 1996 (as contained in Section 28) the South African Schools Act 84 of 1996, as amended including its regulations (hereinafter referred to as the Schools Act ); and the Children s Act 38 of This policy is to be read in conjunction with the following School policies, procedures and protocols, and as amended from time to time: Beacons; Hilton College Protocol for Search and Seizure; Hilton College Protocol for Testing. 2 SCOPE OF THE POLICY 2.1 This policy is applicable for so long as the pupil is enrolled at Hilton College, including but not limited to: whilst the School is in session, on and off the School premises; during term time, including weekend leaves, school outings and tours; during school holidays and half term breaks; and or where pupils are representing the School and/or can in any way be associated with or identified as a member of the School. Page 2 of 9

3 3 POLICY 3.1 The School forbids the following: Use of illegal substances and/or any related paraphernalia; Consumption of illegal substances; The presence of any illegal substance/s in a pupil s system when tested; Being under the influence of any illegal substance/s, where influence is defined as having any physical and or psychological effect ; Misuse and or abuse of any prescribed or over the counter pharmaceutical medication; Possession of any illegal substance/s and/or any related paraphernalia; Sale of, and/or profiting in any way from, any illegal substance/s and or any related paraphernalia; Dealing in, trading in and/or distribution of, or profiting in any way from, any illegal substance/s and or any related paraphernalia. 3.2 The offences as described in clause 3.1 above constitute a major breach of the School s disciplinary code as set out in Beacons, and as amended from time to time, and are considered to be serious enough to warrant expulsion, should the pupil be found guilty. 4 SEARCH AND SEIZURE OF ILLEGAL SUBSTANCES 4.1 The provisions of Section 8A of the Schools Act, and the regulations thereto, authorise the random search and seizure of illegal substances of any pupils or group of pupils, or the property of a group of pupils, where a fair and reasonable suspicion has been established that an illegal substance may be found on school premises or during a school activity; or one or more pupils on school premises or during a school activity are in possession of any illegal substance/s; and or one or more pupils are reported to have used and/or consumed an illegal substance. Page 3 of 9

4 4.2 A search contemplated in clause 4.1 above, may only be conducted after taking into account all relevant factors, including: the best interests of the School and its various stakeholders; the best interests of the pupil in question and any other pupil at the School; the health and safety of the pupils; the reasonable evidence of illegal activity; and any other relevant evidence received. 4.3 A search contemplated in clause 4.1 above, shall be conducted by the Headmaster and/or his delegate in accordance with the provisions of Section 8A of the Schools Act, and the accompanying School Protocol for Search and Seizure. 5 ILLEGAL SUBSTANCES SCREENING AND TESTING 5.1 Screening and testing for illegal substances will be conducted in terms of: the guidelines set out in Section 8A of the Schools Act and the regulations thereto; and the Hilton College Protocol for Testing. 5.2 Testing for illegal substance/s will be conducted where there is a fair and reasonable suspicion of any conduct referred to in clause 3.1 and taking into account the following factors: the best interests of the School and its various stakeholders; the best interests of the pupil in question and any other pupil/s at the School; the health and safety of the Hilton College pupils; the reasonable evidence of illegal activity; and any other relevant evidence received. 5.3 Testing Procedure Illegal drugs Page 4 of 9

5 The test will be conducted in accordance with the School testing protocol The Headmaster or his delegate will carry out the test, using a urine or other non-invasive testing device The Headmaster or his delegate is to be accompanied, throughout the testing process, by a male adult witness, and the test is to be conducted out of sight of any other person The Headmaster or his delegate is to explain how the test is performed and how the results will be interpreted The pupil is to provide a urine sample in a clean polystyrene cup, and witnessed by both adults present The test device is to be opened in the presence of the pupil. The devices used for drug testing must be kept at the School under lock and key at all times Performance Enhancing substances Given the complex nature of testing for performance enhancing substances, the School has elected to use an independent body to carry out testing where the use of performance enhancing substances is reasonably suspected The Headmaster or his delegate will either: Engage the services of an independent organisation to conduct an analysis; or Inform the South African Institute for Drug-Free Sport (SAIDS) of the need to test using the Authorisation to Test Form The Headmaster or his delegate will notify the pupils for testing accordingly and will accompany the pupils to the Sanatorium The test will be carried out in accordance with the testing protocol of the independent organisation, and which may involve a representative from the independent organisation carrying out the test. 1 As set out in Annexure A to S8A of the Schools Act and where no such testing device is available, the School reserves the right to send the sample for testing at a recognised laboratory, as set out in clause 5.7. Page 5 of 9

6 In the event that SAIDS is requested to carry out the test in accordance with clause above, the pupil shall be handed over to the SAIDS Doping Control Officer to conduct the test, to be carried out in accordance with the SAIDS protocol The Headmaster or his delegate must be present whilst the sample for testing is obtained from the pupil to be tested. 5.4 Screening and test results Results of the screening and testing referred in clause 5.3 will be recorded on the testing form together with any other relevant observations, notes or explanations given by the pupil. This may include any physical observations made in relation to the state of the pupil being tested Once the screening and test results are available, the Headmaster or his delegate will notify the pupil of the test results, in the presence of the witnesses In the case where the test is carried out by the Headmaster s delegate, the Headmaster will be advised of the test result The Headmaster or his delegate will then contact the pupil s parents 2 as soon as is practicable and will notify the pupil s parents of the following: An illegal substance screening and test was performed on their son; and the result of the screening and test, should these be available at the time of notification Where the test results are not immediately available, the Headmaster or his delegate shall inform the pupil and his parents of the result of the test, as soon as is practicable after it becomes available. 5.5 Consequences of testing positive In the event of a positive result, the pupil will be required to attend a Headmaster s enquiry to explain his conduct, in accordance with the provisions of Beacons. 2 Where the term parent also includes legal guardian, custodian or any other authorised person with whom the care of the child is entrusted. Page 6 of 9

7 5.6 Parental consent Parental consent is not a legal requirement to testing In order to deter the use of illegal substances, and on entering the School, parents and pupils are required to sign an acknowledgement and consent form showing their support for the School s position on illegal substances and their willingness to be tested where there is a reasonable suspicion Failure to sign the acknowledgement and consent form does not mean the pupil cannot be tested. 5.7 General In order to ensure accuracy and reliability of testing results, it may be that the Headmaster or his delegate determines it necessary to send a sample to a pathology laboratory for testing This may also take place in circumstances where a multi-test device is not available. 6 REHABILITATION AND INTERVENTION IN CASES OF SUBSTANCE ABUSE 6.1 In accordance with clauses 1.4 and 1.5 above, the School recognises illegal substance abuse as a treatable condition. 6.2 The School commits itself to assisting pupils who come forward and request the assistance of the School in addressing their illegal substance abuse problem. 6.3 Where a pupil voluntarily comes forward and acknowledges an illegal substance abuse problem, at the School s discretion, no disciplinary steps will be taken against the pupil subject to clause Intervention by the School and rehabilitation programmes will be determined based on the individual merits of each case, and dependant on the following factors: Nature and severity of the substance abuse problem and/or incident; The pupil s school and family history; Mental health and intellectual development; and Page 7 of 9

8 6.4.4 Any other relevant factor including but not limited to, progress reports, performance attendance and performance during class time and extramural activities. 6.5 Intervention and rehabilitation programmes may involve the following subject to clause 6.4 above: Regular drug testing as part of a relapse prevention programme; Individual counselling with the School Counsellor; Individual counselling with an external Counsellor, psychologist or other such specialist; Attendance at a rehabilitation centre; Hospitalisation; and/or In/out patient treatment. 6.6 Disciplinary measures will be taken against the pupil despite the steps taken in terms of this clause, where the pupil concerned: continues to abuse substances; does not make full use of resources suggested to him; or does not co-operate with the process implemented. 6.7 Notification and consent of parents Notifying and informing the pupil s parents of the pupil s participation in the programme is critical to the success of the rehabilitation and or intervention programme This will be discussed and addressed with the pupil on entry to the rehabilitation and/or intervention programme and depending on the circumstances referred to in clause 6.4 above, recognising the need to treat each case sensitively, and the School s obligations to the pupil and the parents. Page 8 of 9

9 7 CONSEQUENCES FOR VIOLATING THE POLICY 7.1 Any pupil found in violation of this policy will be subject to the School s disciplinary code and procedure. 7.2 An offence in terms of this policy is regarded by the School as an extremely serious offence, and one for which a pupil may be excluded as a first time offender. Y:\industrical relations\clients\h\hilton college\disciplinary issues\hilton college policy of substance use and abuse Final version Page 9 of 9