The federal "Drug Free Schools and Communities Act Amendment of 1989" requires higher educational institutions to annually notify students and employees about existing laws and college policies governing alcohol and illegal drugs, health risks associated with use and abuse, counseling and treatment services available, and penalties for violations of the law and college policy. The law also requires colleges and universities to impose penalties for violations that are consistent with the penalties that would be imposed by civil authorities. Accordingly, the federal law requires us to inform you of the following:
Concordia College strives to promote healthy living in both community and individual life. The college recognizes that illegal use and abuse of alcohol and drugs is a serious health problem that affects every aspect of human life. Therefore, the college provides education about alcohol and other drug use and will intervene (out of concern for both the individual and the college community) in situations where an individual's chemical use is harming them and/or others.
Concordia seeks to provide a campus environment that is conducive to learning and is committed to providing alternatives to alcohol and drug use through social and recreational opportunities. In order to foster this environment, the possession, use and/or sale of alcohol or illegal drugs by any student or their guest is not permitted on campus. Students possessing, using, or distributing/ selling alcohol or illegal drugs on campus or in college-owned housing, will be subject to disciplinary action.
In addition, in instances where college officials become aware that a Concordia student has: violated civil alcohol laws/ordinances; caused a disturbance off campus in connection with the use of alcohol or illegal drugs; or found to be in possession, using or distributing/selling illegal drugs off campus, the college reserves the right to take disciplinary action. If it is determined that a student is responsible for a college conduct violation involving alcohol or illegal drugs, and if the student is a dependent, the college may disclose the violation to their parent(s) and/ or guardian(s). Similarly, Concordia College does not allow alcohol or illegal drug use by college-related or sponsored student groups/organizations on or off campus.
If college officials determine that a student is at immediate risk due to alcohol and/or drug misuse, the student will be transported to an emergency room at one of the area hospitals or to the Clay County Detox Center, whichever is deemed appropriate at the time. All expenses incurred as a result are the responsibility of the student. In most cases, a parent and/or guardian will be informed.
Employees who suspect they may have an alcohol or other drug problem are encouraged to seek help through the Employee Assistance Program. Employees in violation of Concordia's alcohol or other drugs policies will be subject to disciplinary action up to and including termination.
The Drug-Free Workplace and Drug-Free Schools Acts require that employees abide by this policy. Any employee convicted of any criminal drug statute for a violation occurring in the workplace must notify the director of Human Resources no later than five days after the conviction.
The Laws: Federal & State
Federal law provides criminal and civil penalties for unlawful possession or distribution of drugs and alcohol. Along with incarceration and/or fines, there are federal laws allowing the forfeiture of property used in possession or to facilitate possession of a controlled substance. This could include homes, vehicles, boats, aircrafts and any other personal or real property. Fines could range up in the millions of dollars. One becomes ineligible to have firearms. One also becomes ineligible to receive federal benefits such as student loans and grants. For more details on the Federal laws related to alcohol and other drug violations, go to: http://www.usdoj.gov/dea/agency/penalties.pdf
Other violations of Minnesota State Law include:
- Consume alcoholic beverages, or have any measurable amount of alcoholic beverage in their system
- Purchase, attempt to purchase, or possess alcoholic beverages
- Misrepresent your age, attempt to use another's drivers license or false identification to gain entry into a liquor establishment or to purchase alcoholic beverages
- Enter a licensed liquor establishment to purchase or be served alcoholic beverages.
Possession of alcohol by a minor is punishable by up to $1,000 fine and 90 days in jail
Other violations of Minnesota State Law include:
- Possession of an open container of alcoholic beverage in a public place (for anyone - regardless of age)
- Selling, bartering, furnishing, or giving alcoholic beverages to a person under 21 years of age is a gross misdemeanor offense with a maximum penalty of up to one year imprisonment and/or a $3,000 fine.
- Delivery or furnishing of alcoholic beverages to a person under the age of 21 is a gross misdemeanor offense under Minnesota State Law, punishable by up to a $3,000 fine and/or one year in jail.
Driving Under the Influence (DUI)
Minnesota law makes it illegal to drive while under the influence of alcohol, a controlled substance, or both. A blood alcohol level of .08 or more is considered intoxicated. A police officer can require you to provide a breath, blood, or urine sample for testing. If you refuse, you will lose your driving privileges in Minnesota for one year. It is also a gross misdemeanor offense to refuse to take the test if you have previously been convicted of DUI or if you've been asked to take a test before. An open bottle or container of alcohol in a motor vehicle is also against the law.
Likely Consequences of a conviction for driving while under the influence of alcohol or drugs include: 1) A fine of up to $700, 2) Loss of your driver's license for 90 or more days; 3) Enhanced penalty for a BAC over .20, 4) Retake Minnesota driver's license exam, both written and driving, and pay a $200 reinstatement fee to have your driving privileges renewed in Minnesota., 5) Nonresidents can expect their home states to be notified of the conviction. Many home states will suspend your driver's license for an additional period of time, 6) $75 or more fee for a chemical dependency interview with a counselor, 7) Mandatory compliance with chemical dependency counselor's recommendations, 8) 90-day jail sentence stayed on condition the fine is paid and no similar convictions occur within two years, 9) Insurance costs will increase substantially for at least three years
Repeat Offenses: A second offense of DUI within five years, or a third within 10 years, will be charged as a gross misdemeanor with a maximum possible sentence of one year in jail and/or a $3,000 fine. All of the consequences listed above become more serious upon a second offense.
Noise (Party) Ordinance (City Code 4-4-2)
- No person shall congregate at, or participate in, any party or gathering of two or more people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of another person. No person shall knowingly remain at such a noisy party or gathering.
- Noise which is audible for 50 feet from a residence is prim a facia evidence of a noise violation.
- Everybody other than the owner must disperse if directed to do such by police.
- Owner/Renter has the duty to cooperate in dispersing guests as directed by police.
- Violation of any of these provisions is a misdemeanor offense, which may result in a fine of up to $700 and/or 90 days in jail. (Which may apply to the tenant as well as the owner of the property.)
- Repeat violations may result in administrative action against owner and possessor of rental license.
Social Host Liability (City Code 4-4-19)
It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume any alcohol or alcoholic beverage; or possess any alcohol or alcoholic beverage with the intent to consume it;and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
Disorderly Conduct Ordinance (City Code 9-7-12)
If a rental unit has more than two instances of disorderly behavior within a year, the landlord may lose his/her rental registration for the property and all tenants must vacate the property. Some of the activities deemed disorderly under this ordinance are noisy parties, possession of controlled substances, minors consuming alcohol, sale of intoxicating liquor, prostitution, unlawful possession of weapons, and conduct which annoys, threatens or harasses neighbors.
Penalties for other illegal drugs include:
- Possession of marijuana (under 42.5 grams) - up to a $300 fine
- Possession of marijuana in a motor vehicle - up to $1000 and 90 days in jail
- Possession of marijuana (over 42.5 grams) - up to $10,000 fine and 5 years in jail
- Distribution of marijuana (under 42.5 grams) - up to $10,000 fine and 5 years in jail
- Possession of a controlled substance - up to $1,000,000 fine and 30 years in jail
- Possession of a controlled substance with intent to deliver - up to $1,000,000 fine and 30 years in jail
Health Risks Associated with the Abuse of Alcohol or Use of Illicit Drugs: The use of every drug, including alcohol, carries with it potential health risks:
Alcohol: Alcohol consumption causes a number of impairments including changes in behavior and normal body function. Even low doses significantly impair judgment, coordination mental function thus increasing the risks of accidents and injuries. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses taken acutely can cause respiratory depression and even death. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses, including acquaintance rape, vandalism and fights. Additional consequences include DUI arrests and serious or fatal car crashes. Continued abuse may lead to dependency, which can cause permanent damage to vital organs and deterioration of a healthy lifestyle.
Amphetamines: Amphetamines can cause a rapid or irregular heartbeat, tremors, convulsions, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.
Cannabis (Marijuana, Hashish): The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Users often have a lowered immune system and an increased risk of lung cancer. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.
Club Drugs: Club drugs are drugs such as MDMA (Ecstasy), Rohypnol, GHB, LSD, and methamphetamine and others, which are used at all-night parties such as trances or raves, dance clubs and bars. These party drugs, particularly when mixed with alcohol, can cause serious health problems, injuries, or even death.
Cocaine/Crack: Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, followed by depression. Crack, or freebase rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death.
Hallucinogens: Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, PCP episodes may result in self-inflicted injuries, violence and aggressive behavior toward others.
Heroin: Heroin is an opiate drug that causes the body to have diminished pain reactions. Overdoses of this highly addictive drug can result in coma or death due to respiratory failure or cardiovascular collapse.
To find out more about these commonly abused agents and other substances of abuse not listed here go to http://www.usdoj.gov/dea/agency/penalties.htm .
Alcohol and other drug programs (prevention, counseling, treatment, rehabilitation, and re-entry) available to students:
Concordia College emphasizes prevention programming and education to assist students with their decision making related to alcohol & other drug use. Some examples include; facilitating "Choices", a brief alcohol abuse prevention and harm reduction program for college students in all PE 111 (required course for all students), training for Concordia's professional and student staff members on a variety of alcohol prevention & intervention techniques, supporting a "Student Wellness Campaign" that educates the student body on issues related to alcohol and other drugs as well as other important health topics, and offering many healthy options for student involvement including over 100 student organizations, regular programming from Residence Life, LeadNowTM Leadership Training, and 2-3 events per week offered by the Campus Entertainment Commission.
In situations where an individual's chemical use is harming themselves and/or others, Concordia personnel may refer students to the Concordia Counseling Center for an alcohol screening or to agencies outside of Concordia for evaluation and/ or treatment for alcohol or drug-related problems. While full evaluation for alcohol, drug abuse and/or addiction is not available on campus, the Counseling Center staff will work with the students to find appropriate community services. Referral information from the Counseling Center is also available to those wishing to refer individuals to off-campus agencies.
Concordia also recognizes that chemical dependence and chemical abuse are concerns that can impact work performance and that there are assistance programs available to help individuals experiencing problems. When appropriate, Concordia personnel may refer employees to agencies outside of Concordia for evaluation and/or treatment for alcohol and drug-related problems. As part of their benefit package, employees may access services through the Employee Assistance Program provided by Lakeland Mental Health or LifeWorks.
Lakeland's Employee Assistance Program
1010 32nd Ave. S.
Moorhead, MN 56560
Emergency (800) 223-4512
LifeWorks Employee Resource
Lutheran Social Services of Minnesota
715 11th St. N., Suite 401
Moorhead, MN 56560
After hours (888) 881-8261
Disciplinary Process for Faculty/Staff
A primary responsibility of every member of our college community is to regulate his/her own affairs so they are in concert with the standards of the community which they have joined. Accordingly, the college selects staff with the specific understanding they will comply with its standards and conduct themselves as responsible persons within the framework of this college community.
Any employee arrested under circumstances involving an alleged violation of a criminal drug or alcohol related statute while in his or her workplace, whether on or off campus; in a college vehicle; or as a part of any activity the college initiates or takes part in must notify his or her immediate supervisor within five days of the arrest. An arrest, depending on the circumstances, may be grounds for actions or sanctions. The status of the criminal proceeding is a factor the supervisor will take into consideration. It is important that the supervisor seek advice from the Human Resources director before taking action in arrest situations.
Any employee convicted of violating any federal, state, or local criminal drug or alcohol related statute in his or her workplace, whether on or off campus; in a college vehicle; or as part of any activity the college initiates or takes part in must notify the college Human Resources director no later than five days after such conviction. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal, state or local court. If an employee is convicted of violating any criminal drug or alcohol related statute while in the workplace, as described above, the college will take disciplinary action, up to and including termination.
Disciplinary Process: Sanctions: Students and Student Organizations
A primary responsibility of every student is to regulate his/her own affairs so they are in concert with the standards of the community which they have joined. Accordingly, the college admits students with the specific understanding they will comply with its standards and conduct themselves as responsible persons within the framework of this college community.
Individual students and student organizations that are found in violation of the College's alcohol and other drug policy are subject to sanctions consistent with the severity of the violation and the existence or absence of prior alcohol or other drug violations. These sanction guidelines are outlined in this publication. For a complete description of all sanctions, see the Student Conduct Sanction Guidelines found online in the college handbook.
We recognize the need for an effective and fair disciplinary process for possible violations of community's standards. Consequently, the college has developed the Student Responsibility Code. This code outlines the procedures which must be followed whenever there is an allegation of a violation of social policy. The college's disciplinary procedures are neither required nor intended to conform to the standards of civil or criminal law. However, in the interest of fairness, allegations of policy violations are conducted in a manner which is designed to afford every student the right to be notified of the complaint(s) against them, the right to be heard, and the right to appeal. A full and complete explanation of the social disciplinary process and the rights guaranteed to students is outlined in the Student Responsibility Code.
Student Conduct Sanction Guidelines Related to Alcohol and Other Drug Use
Linked below are the college's sanction guidelines for violation(s) of college policy (which include violations of civil/criminal law, since violation of the law on or off campus constitutes a violation of college policy). This list of violations and sanction guidelines should not be considered all-inclusive. The college reserves the right to depart from the stated minimum or maximum guidelines when there is a compelling reason to do so. Any violation not listed should involve a range of sanctions consistent with the category that most closely reflects its severity.
College Sanctions and Legal Sanctions: Multiple Accountabilities
When students or student organizations violate the College's alcohol and other drug policy they will be subject to campus resolution. Campus resolution of such violations may proceed before, during, or after any pending civil or criminal proceedings are concluded. Since the campus actions are primarily educational in nature, and not criminal proceedings, simultaneous actions do not constitute double jeopardy and differing judgments may result. In instances where civil penalties are imposed, the college may also impose sanctions - but not to merely duplicate those imposed by civil authorities.
If you have any questions about any of the above information, please contact a member of the Student Affairs staff.
Parental Notification: Parents and guardians of dependent students may be contacted without student consent by a student affairs administrator following alcohol and/or drug related incidents depending on the severity of the offense, number of offenses, threat to others or the community or life concerns of the student involved.
Financial Aid Eligibility: A student who has been convicted of any offense under Federal or State law involving the possession or sale of a controlled substance will not be eligible to receive certain grant, loans or work assistance from the time of conviction through a period of ineligibility. Eligibility may resume prior to the end of the ineligibility period if rehabilitation requirements are completed as outlined in the Higher Education Amendments of 1998.