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Title 29 — Labor

Part C · Chapter 32 — Workforce Innovation and Opportunity

§ 3202. Standards of conduct

Statutory text

(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

The term “controlled substance” has the meaning given the term in section 802 of title 21.

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title I § 152 · 128 Stat. 1425

    Enacted · 29 U.S.C. § 3202

    (Pub. L. 113–128, title I, § 152, July 22, 2014, 128 Stat. 1549.)

    Source evidence

    Code source credit
    (Pub. L. 113–128, title I, § 152, July 22, 2014, 128 Stat. 1549.)

    Enacted provision · exact public law section
    SEC. 152. STANDARDS OF CONDUCT. (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 145(a). (C) Definitions.— In this paragraph: (i) Controlled substance.— The term “controlled substance” has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (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.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first full program year after (), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.

Credits

(Pub. L. 113–128, title I, § 152, , 128 Stat. 1549.)

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