Drug and Controlled Substance Policy

Revised Effective: January, 20, 2015
Updated 9.14.23

Drug abuse on campus is a danger and a detriment to all members of The College of St. Scholastica community, including students, faculty, and staff. It is therefore the intent of this policy to maintain a drug-free campus.

This policy covers unlawful use, possession, distribution, or manufacture of illegal drugs or other controlled substances. This includes possession of paraphernalia and food/beverages containing THC, except as expressly permitted by law. Students who have paraphernalia or who possess or consume food or beverage containing THC will have the burden of proving that the product is lawful.  (Updated 8.14.23)  Note: Smoking any product, including cannabis products is not allowed on CSS grounds.  Please see the Tobacco Free and Smoking Policy which also covers the smoking of any substance. (Updated 7.26.23).

All of these are prohibited on The College of St. Scholastica property and as a part of any activity sponsored by the College. Violations include, but are not limited to:

• unlawful manufacture, purchase, sale, distribution, possession, or use of an illegal drug or controlled substance
• being in the presence of illegal drug use, sale, or distribution
• possession of drug paraphernalia
• any involvement in the exchange of money, goods or services for an unlawful drug or controlled substance
• reasonable suspicion of unlawful drug use (odor, behavior, environmental factors) that in the judgment of College officials constitutes a preponderance of evidence.

Drug use can be characterized as but is not limited to the following: smoking, swallowing, snorting, intravenously ingesting, or otherwise consuming illegal drugs or excessive or wrongly administered use of legal drugs. All of the aforementioned behaviors will be considered violations of the drug policy, and those not listed but relevant as decided through the discretion of College staff will be considered violations.

Please note:

• Students can be held accountable for a violation of the drug/controlled substance policy if there is reasonable suspicion that drug use is occurring or has recently occurred. This includes odor, such as the smell of marijuana, in living spaces, behavior that indicates that drug use has occurred, or other environmental factors.
• Drug paraphernalia is not allowed anywhere on The College of St. Scholastica campus. Those who possess, manufacture, deliver, or advertise drug paraphernalia on campus will be in violation of both campus policy and Minnesota Statutes 152.092-.095. This includes hookahs or other drug paraphernalia which will be confiscated and not returned to the owner.
• Students are cautioned that the College does not provide sanctuary from the law, nor are students immune from legal investigation or arrest by civil authorities resulting from the possession, use and sale of any dangerous drugs. The sale or transfer of illegal drugs will likely result in suspension or dismissal from the College. Single or repeated use or possession of illegal drugs may result in suspension from the College and possible prosecution under state and federal law. The College of St. Scholastica cannot and will not protect students or staff from prosecution under federal, state, or local laws. (See Drug Related Convictions and Federal Student Aid later in this policy.)

Legal or Prescribed Drugs

It is a violation of College policy and Minnesota Statute 152.11 to distribute, manufacture, or advertise legal or prescribed drugs and substances in a manner that may be considered excessive or wrongly administered. Substances such as prescription drugs may not be sold or distributed. Each student is expected to maintain possession and to be the sole consumer of their lawfully prescribed medication.

Synthetic Drugs

Students found to be in possession of, distributing, manufacturing, consuming, or advertising synthetic marijuana also known as K2, spice, or bath salts will be found in violation of The College of St. Scholastica's drug policy and Minnesota Statute 152.027 subdivision 6.

Drug and Alcohol-Related Support Services on Campus

Drug counseling and recovery support for students is available through Counseling Services. Students interested in further information, counseling, and/or support services are urged to contact CSS Counseling Services.

Drug/Controlled Substance Violation

Students found to be in violation of the drug policy will receive College issued sanctions at the discretion of the Dean of Students and, in many cases, will be held accountable to local, state, and federal law as well.

Possible College sanctions include but are not limited to the following:

• meet with Dean of Students or designee,
• educational experience,
• fine(s) ranging from $100- $500,
• restitution for damage to community,
• substance abuse assessments,
• treatment mandates,
• suspension or dismissal from campus housing,
• suspension or dismissal from the College.

Any student who is determined to be manufacturing, selling or distributing will likely be suspended or dismissed from The College of St. Scholastica.

Drug Sanctions: General Guidelines for Use/Possession Violations

These are a general guideline for sanctions, but are not limits, minimums or requirements. Sanctions for each case will be determined according to the facts and circumstances of the particular case, the needs of the individual(s) involved and the community impact.
 

The following are examples of drugs in each class. It is at the discretion of the Dean of Students or the Dean's designee to determine the classification of drugs not listed, what constitutes a large or small quantity, or for violations involving more than one drug.

Class A: Heroin, Bath Salts, K2
Class B: LSD, Cocaine, MDMA/Ecstasy
Class C: Mushrooms
Class D: Marijuana
Class E: Non-prescribed use of prescription drugs, miscellaneous pharmaceuticals

Parental Notification Practice

The Family Educational Right to Privacy Act, (FERPA), by the U.S. Department of Higher Education states that it is permissible for The College of St. Scholastica to notify the parents/guardian of a student when there is a concern for the health or safety of the student regardless of disciplinary status. This means that if the College has deep concern for the health and safety of a student due to overconsumption (i.e. trip to hospital or detox) or a repeated pattern or single event of high risk behavior, the College will likely contact the parents or guardians.

Parental notification will be utilized at the discretion of the Dean of Students or designee.

Drug Related Convictions and Federal Student Aid

A federal or state drug conviction can result in lost eligibility for federal grants, loans, or work-study assistance as a result of penalties under 484(r)(1) of the Higher Education Act. Convictions only count against a student for aid eligibility purposes (FAFSA question 23c) if they were for an offense that occurred during a period of enrollment for which the student was receiving Federal Student Aid-they do not count if the offense was not during such a period, unless the student was denied federal benefits for drug trafficking by a federal or state judge. Also, a conviction that was reversed, set aside, or removed from the student's record does not count, nor does one received when she was a juvenile, unless she was tried as an adult.

A federal or state drug conviction can disqualify a student for FSA funds. The student self-certifies in applying for aid that he is eligible. The College is not required to confirm this unless The College has conflicting information.

The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)
 

If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period. Schools must provide each student who becomes ineligible for FSA funds due to a drug conviction a clear and conspicuous written notice of his loss of eligibility and the methods whereby he can become eligible again.

A student regains eligibility the day after the period of ineligibility ends or when he successfully completes a qualified drug rehabilitation program or passes two unannounced drug tests given by such a program. Further drug convictions will make him ineligible again.

Students denied eligibility for an indefinite period can regain it after successfully completing a rehabilitation program (as described below), passing two unannounced drug tests from such a program, or if a conviction is reversed, set aside, or removed from the student's record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student's responsibility to certify to the College that she has successfully completed the rehabilitation program; as with the conviction question on the FAFSA, The College is not required to confirm the reported information unless The College has conflicting information.