29 U.S.C. § 3202: Standards of conduct

Summary

Require the Secretary to make clear behavior rules for Job Corps centers and make center directors enforce them strictly. The rules must ban things like violence, illegal or disruptive conduct, and use, sale, or possession of illegal drugs, and must include a zero-tolerance approach and drug testing of all enrollees under the procedures set by the Secretary (under section 3195(a)). Center directors can discipline enrollees and must remove anyone whose presence would weaken enforcement, threaten safety, or hurt other enrollees’ opportunities. “Controlled substance” is as defined in section 802 of title 21. “Zero tolerance” means automatic removal after a director finds an enrollee committed a banned act. Disciplinary decisions must be subject to a fast appeal process the Secretary creates.

Title 29, §3202

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(a)Provision and enforcement

The Secretary shall provide, and directors of Job Corps centers shall stringently enforce, standards of conduct within the centers. Such standards of conduct shall include provisions forbidding the actions described in subsection (b)(2)(A).

(b)Disciplinary measures

(1)In general

To promote the proper behavioral standards in the Job Corps, the directors of Job Corps centers shall have the authority to take appropriate disciplinary measures against enrollees if such a director determines that an enrollee has committed a violation of the standards of conduct. The director shall dismiss the enrollee from the Job Corps if the director determines that the retention of the enrollee in the Job Corps will jeopardize the enforcement of such standards, threaten the safety of staff, students, or the local community, or diminish the opportunities of other enrollees.

(2)Zero tolerance policy and drug testing

(A)Guidelines

The Secretary shall adopt guidelines establishing a zero tolerance policy for an act of violence, for use, sale, or possession of a controlled substance, for abuse of alcohol, or for other illegal or disruptive activity.

(B)Drug testing

The Secretary shall require drug testing of all enrollees for controlled substances in accordance with procedures prescribed by the Secretary under section 3195(a) of this title.

(C)Definitions

In this paragraph: (i) Controlled substance

(ii)Zero tolerance policy

The term “zero tolerance policy” means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the director that the enrollee has carried out an action described in subparagraph (A).

(c)Appeal

A disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the Secretary.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first full program year after

July 22, 2014 (

July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.

§3202 Standards of Conduct

Summary

Title 29, §3202

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata