School teachers must report DWI arrests

— When school begins Monday, it may be without a counselor for the Middle School.

School officials would not comment on a personnel issue, but the position was advertised in the classified section of the Arkansas Democrat Gazette Monday: “Middle School counselor, grades 6-8, for the 2011-2012 school year.

This position is a 205 day contract. Must have appropriate Arkansas teaching license.”

The school counselor last year was Pam Forga, who was arrested three times since May 22, according to jail records. Two of those arrests were for Driving While Intoxicated.

Dr. Roland Smith, iInterim superintendent, said he could not comment as to whether Forgawas still employed by the school district. When asked whether Forga had notified him or his office of her arrest, he replied “No.” Whether she had notified her supervisor of her June and May arrests, Smith said the former superintendent should be asked.

Mike Van Dyke, former school superintendent, was unavailable for comment Tuesday. He resigned effective June 30 and is now director of the Northwest Arkansas Educational Cooperative Service in Farmington.

Forga was first arrested in May south of Harrison by Arkansas State Police for DWI I. She was booked into the Boone County Jail at 1:29 a.m. Sunday, May 22, and released at 8:19 a.m. the same day.

On June 29, she was arrested for DWI II, driving on a suspended driver’s license which wassuspended for DWI, speeding, careless and prohibited driving by Carroll County Sheriff’s deputies and booked into the Carroll County Jail.

Forga was arrested on July 21, by Rogers police for third degree domestic battery, along with Michael Tyler Gentry, 25, of Western Grove, also arrested for third degree domestic battery.

Teachers and counselors at Pea Ridge schools sign a 122-page certified personnel policy as part of their contract. That policy is published on the school’s web site.

Certified personnel are required to notify their supervisor or the superintendent within five week days of being arrested for any drug- or alcohol-related offense. Failure to notify their supervisor, shall result in recommendation for termination by the superintendent, according tothe policy.

“The conduct of district staff plays a vital role in the social and behavioral development of our students. It is equally important that the staff have a safe, healthful, and professional environment in which to work. To help promote both interests, the district shall have a drug free workplace.

It is, therefore, the district’s policy that district employees are prohibited from the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, illegal drugs, inhalants, alcohol, as well as inappropriate or illegal use of prescription drugs,” Personnel Policy, pages 80-82, adopted April 12, 2004, and last revised Nov. 7, 2009, states. That section is entitled 3.31 Drug Free workplace.

“Such actions are prohibited both while at work or in the performance of official duties while off district property; violations of this policy will subject the employee to discipline, up to and including termination.”

Whether at work or on personal time is irrelevant. “Should any employee be found to have been under the influence of, or in illegal possession of, any illegal drug or controlled substance or under the influence of alcohol, whether or not engaged in any school or school-related activity, and the behavior of the employee, if under the influence, is such that it is inappropriate for a school employee in the opinion of the superintendent, the employee may be subject to discipline, up to and including termination...”

The policy continues: “Any employee who is charged with aviolation of any state or federal law relating to the possession, use or distribution of illegal drugs, other controlled substances or alcohol, or of drug paraphernalia, must notify his immediate supervisor within five (5) week days (i.e., Monday through Friday, inclusive, excluding holidays) of being so charged. The supervisor who is notified of such a charge shall notify the Superintendent immediately. If the supervisor is not available to the employee, the employee shall notify the Superintendent within the five (5) day period...

“However, the failure ofan employee to notify his supervisor or the Superintendent of having been so charged shall result in that employee being recommended for termination by the Superintendent.”

According to a note on the bottom of the policy, it “addresses the requirement for Safe and Drug Free Schools which is required for your district to be eligible to receive any federal grants. It is required that all employees receive a copy of the policy and are advised of the contents and requirements of the policy.

In addition to publishing a policy statement, the statutes require employers to establish a drug-free awareness program to educate employees about the dangers of drug abuse as well as about the specifics of their policy. The statute does not specify a particular format for the awareness program, although it does state that the education effort must be ongoing and not just a one-time event. For assistance in constructing a drug awareness program the Department of Labor has the following web site: http://www.dol.gov/asp/ programs/drugs/workingpartners/materials/materials.asp.”

News, Pages 1 on 08/10/2011