ALCOHOL, DRUG & TOBACCO POLICIES DRUG & TOBACCO POLICIES. 2 ... person knows or reasonably should know that an underage person will or does consume or ... Travel Status – …

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Giving alcohol to a person under 21 can result in a 1 year prison term and a $3,000 fine.

TABLE OF CONTENTSState of Minnesota Laws & City of Moorhead Ordinances ...............................................2

MSUM University Alcohol and Other Drug Policy ................................................5

Smoking and Tobacco Use/Sale Policy .................... 10

Health Risks Associated with Use/Abuse ........................................................ 12

Release Form ............................................................ 13

Parental Notification ................................................ 15

Resources ................................................................ 15

STATE OF MINNESOTA LAWS & CITY OF MOORHEAD ORDINANCES

LEGAL DRINKING AGE & PUBLIC ALCOHOL CONSUMPTION

It is a violation of Minnesota State Law for anyone under the age of 21 to:

▸ Consume alcoholic beverages, or have any measur-able 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 identitfication to gain entry into a liquor establishment or to purchase alcoholic beverages.

▸ Enter a licensed liquor establishment to purchase or be served alcoholic beverages.

It is a violation of Minnesota State Law for anyone, regard-less of age, to be in possession of an open container of alcoholic beverage in a public place.

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 0-1 year imprisonment and/or $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 $3000 fine and/or one year in jail.

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DRIVING UNDER THE INFLUENCE (DUI)Minnesota law makes it illegal to drive while under the in-fluence 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:

▸ A fine of up to $700.▸ Loss of your driver’s

license for 90+ days.▸ Enhanced penalty for

a BAC over .20.▸ Retake Minnesota

drivers’ license exam, both written and driving, and pay a $200 reinstatement fee to have your driv-ing privileges renewed in Minnesota.

▸ Nonresidents can expect their home states to be noti- fied of the conviction. Many home states will sus-pend your driver’s license for an additional period of time.

▸ $75 + fee for a chemical dependency interview with a counselor.

▸ Mandatory compliance with chemical dependency counselor’s recommendations.

▸ 90-day jail sentence stayed on condition the fine is paid and no similar convictions occur within 2 years.

▸ Insurance costs will increase substantially for at least 3 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 1 year in jail and/or a $3000 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 know-ingly remain at such a noisy party or gathering.

Noise which is audible for 50 feet from a residence is prima facia evidence of a noise violation.

A DUI conviction can result in the loss of your driver’s license, a $700 fine, and inflated insurance rates.

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Audible noise 50 feet from a residence is a noise violation

Two violations within three months is grounds for eviction.

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 of-fense which may result in up to a $700 fine, and or 90 days in jail. (which may apply to the tenant as well as the owner of the property).

Repeated violations may result in administrative action against owner and possessor of rental license.

DISORDERLY CONDUCT ORDINANCE (City Code 9-7-12)

Two instances of disorderly conduct in a rental unit within three months is grounds for eviction. Some of the activities deemed disorderly under this ordinance are noisy parties, possession of controlled substances, minors consuming alcohol, sale of intoxicating liquor, prostitu-tion, unlawful possession of weapons and conduct which annoys, threatens or harasses neighbors.

SOCIAL HOST ORDINANCE (City Code 4-4-19)

It is unlawful for any person to host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic bever-ages are present when the person knows or reasonably should know that an underage person will or does consume or possess (with the intent to consume) any alcohol or alcoholic beverage. In addition, it is unlawful for any person to fail to take reasonable steps to prevent possession or consumption by the underage person(s). Furthermore, a person who hosts an event or gathering does not have to be present at the event or gather-ing to be criminally responsible.

DRUG OFFENSE CONVICTION STATEMENT

Students convicted of possession or sale of illegal drugs for an offense that occurred when receiving Title IV aid, are ineligible for future financial aid.  Eligibility is suspended for one or more years, unless the violator completes an ap-proved drug rehabilitation program that includes random drug testing.

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MSUM promotes healthy and responsible living.

MSUM STUDENT ALCOHOL AND OTHER DRUG POLICY

GENERAL PHILOSOPHY STATEMENT:

Minnesota State University Moorhead recognizes that the misuse of alcohol and other drugs is a serious problem in our society and our community. This University seeks to create a campus environment which promotes healthy and responsible living that is conducive to the intellectual and personal development of students. The University is com-mitted to establishing and enforcing clear campus policies regarding the use of alcohol and other drugs.

Minnesota State Univer-sity Moorhead complies with and supports the Minnesota State Colleges and University Board of Trustees policy governing alcohol and other drugs on campus, the Drug Free Schools and Community Act, the Drug Free Workplace Act, the Public Safety Act and Minnesota State law.

DEFINITIONS:

1. Recognized Student Organization – any student orga-nization that has successfully completed the recogni-tion process as outlined in the Student Organization Handbook and registers each academic year with the Office of Student Activities.

2. Travel Status – the time period from departure until re-turn to campus by students who have obtained travel authorization through the appropriate university rep-resentative for a university sponsored student event.

3. University Recognized Student Event – activities that include, but are not limited to: official meetings, practices, competitions or trips involving students (who represent divisions, departments or majors), recognized student organizations or intercollegiate athletic teams of the University.

4. Good Samaritan – A studnt who seeks emergency services for a fellow student suffering from an alcohol or other drug (AOD) overdose.

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POLICY SECTIONS:

1. The use, possession, distribution, manufacture, or sale of any alcoholic beverage is prohibited on the campus. The illegal or unauthorized use, possession, distribution, manufacture, or sale of any controlled substance or drugs is prohibited on the campus. The possession or display of alcohol “trophies,” or other form of empty alcohol containers, is not allowed on campus. An exception for instructional purposes in accordance with Board Policy 5.18 allows for the use of alcohol in laboratory and classroom instruction or experiments.

2. The use, possession, distribution, manufacture or sale of any alcoholic beverage, illegal drug and the illegal or unauthorized use, possession, distribution, manufac-ture or sale of a controlled substance is prohibited by individual students, recognized student organizations and athletic teams when in travel status representing the University.

a. Alcohol may not be transported in vehicles that are utilized to conduct organization or university busi-ness. This includes, but is not limited to state fleet vehicles, rental or personal vehicles transporting students to a university or organization sanctioned event and/or rental or personal vehicles that will be reimbursed for mileage by organizations or the university.

b. Alcohol may not be brought into, stored or con-sumed in the lodging facilities used by students, regardless of age, when on travel status.

3. For purposes of the National/International Student Ex-change, Study Abroad and Eurospring Programs, the unlawful use, possession, distribution, manufacture or sale of any alcoholic beverage, illegal drug, and the illegal or unauthorized use, possession, distribution, manufacture or sale of a controlled substance will be determined by the law of the foreign state or country. Students are expected to comply with the laws of the foreign country. The standard applicable during travel status is to accommodate the educational aspect of exploring customs of culture of foreign countries.

4. The use, possession, distribution, manufacture or sale of any alcoholic beverage or illegal drug and the illegal or unauthorized use, possession, distribution, manu-facture or sale of a controlled substance by MSUM students is prohibited at all off-campus university sponsored student events.

5. As members of the University community, students who live or visit off-campus are expected to behave responsibly when off-campus. University commu-nity members violating civil or criminal law may be subject to University conduct procedures for the same conduct when the conduct occurs off campus but

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adversely affects the educational, research, or service functions of the University. Students should be aware that a student’s unlawful use, possession, distribution, manufacture or sale of any alcoholic beverage, illegal drug and the illegal or unauthorized use, possession, distribution, manufacture or sale of a controlled sub-stance cited by local law enforcement may be reported to the University. If reported, the University will take appropriate disciplinary action under this policy.

6. The following advertising and promotional activities are prohibited:

a. Using alcoholic beverages as awards or prizes in connection with university sponsored student events;

b. Alcohol promotional activities and advertising as-sociated with university sponsored student events; (this includes, but is not limited to, such items as: cups, t-shirts, beverage can coolers, and any other items carrying alcohol/beer advertising);

c. Advertising of alcohol or illegal drugs appearing in university controlled or affiliated publications including university affiliated web sites over which it has editorial control.

The University does not regulate content or advertise-ments in autonomous student-edited publications, such as student newspapers, but encourages the editor-ship to not include advertising that promotes the high-risk use of alcohol such as happy hour drink specials, two for ones or other advertisements that encourage rapid and excessive consumption of alcohol.

Exceptions:

For instructional purposes in authorized laboratory and classroom instruction or experiments (accordance with MNSCU Board Policy 5.18)

For one-time use of alcoholic beverages at specific University events when authorized by the President (in accordance with MNSCU Board Policy 5.18)

A Good Samaritan exception for violations of the alco-hol/other drug policy will be recognized and honored. A student, who may be in violation of the alcohol/other drug policies but comes to the aid of another student by seeking professional help, will not be cited for an alcohol/other drug university conduct violation. This exception will not be granted to those who flagrantly or repeatedly violate the University’s Alcohol and Other Drug Policy.

For legal and responsible* use of alcoholic beverages by students in travel status while attending events, such as banquets, when the use of alcohol has been approved by the sponsoring organization and where properly licensed Third Party Vendors provide sales of alcohol,

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which are staffed only by the employees of the host site or the Third Party Vendor. Students who legally con-sume are prohibited from operating vehicles following consumption.

Further restrictions or allowances of legal and respon-sible* use of alcohol may be applied to students or student groups on travel status based on the specific program’s needs and direction of the faculty or staff supervisors/advisors.

*Non-responsible use is defined as behavior that dis-rupts the University community, endangers the health or safety of self or others, results in damage to Univer-sity or personal property, or requires the intervention of University or community resources. Examples of non-responsible use includes but is not limited to disorderly conduct, excessive noise, violence, threats, vandalism, or intoxication that leads to intervention by University personnel, law enforcement personnel, or medical personnel.

SANCTIONS FOR INDIVIDUALS IN VIOLATION OF THE POLICIES ON ALCOHOL & OTHER DRUGS:

The University reserves the right, based on the severity of the incident, to automatically refer a student to a higher level (i.e. a student’s first violation may result in Level Two or Level Three). Parental notification, in accordance with the University’s FERPA Policy § IV (A)(5), may occur. At the discretion of the hearing officer, a student may be as-signed a combination of disciplinary sanctions as defined in this policy and the Student Conduct Code. Students who fail to follow the policy procedures will be subject to a registration and grade hold and may face separation from the university. The following sanctions accumulate during a students college career.

Level One: Students will receive a written warning and will complete an online education program. Student will also complete an assessment and educational session with the Chemical Health Educator. There will be a manda-tory fee of $75.00, which will appear on the MSUM billing statement.

Level Two: Students will be placed on university disciplin-ary probation and will meet with the Chemical Health Educator to determine the appropriate level of interven-tion. Intervention could be individual or group setting. The mandatory fee is $150.00, which will appear on the MSUM billing statement.

Level Three: A student with a severe violation or a third violation of the Alcohol and Drug Policy during his or her college career is subject to a minimum of one semester suspension from the university unless extraordinary circumstances exist. Upon re-admission following a sus-pension, any further alcohol or drug violation may result in expulsion from the University.  

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The University reserves the right to waive suspension in the event that the student agrees to a referral to a licensed treatment facility for assessment and follows all recom-mendations. Any costs will be the responsibility of the student. The Chemical Health Educator may assist the student in facilitating the process.

SANCTIONS FOR ORGANIZATIONS IN VIOLATION OF THE POLICIES ON ALCOHOL & OTHER DRUGS:

Organizations found in violation of the alcohol and other drug policy may be prohibited from conducting social functions and solicitation and acceptance of new members, and university recognition may be on proba-tion. Sanctions will be educational in nature and last for a duration of time determined by the sanctioning body or University official. The University reserves the right to sus-pend or revoke university recognition of the organization.

Based on the severity of the incident or in the case of multiple violations for the alcohol and other drug policy, university recognition will be suspended for a period of no less than three years. The University reserves the right to revoke university recognition of the organization. In ad-dition to the university’s Student Alcohol and Other Drug Policy, departments and student organizations may have established rules that are more restrictive and indicate additional sanctions for violations. Sanctions may include action such as suspension from an activity, a team, or organization.

For further information on the Alcohol & Other Drug Poli-cies, visit the AOD website: mnstate.edu/aod

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SMOKING AND TOBACCO USE/SALE POLICY

In response to President Barden’s charge of February 19, 2007, the Minnesota State University Moorhead Alcohol and College Life Committee (which addresses Alcohol and Other Drugs), researched, drafted, deliberated and officially recommends the following university policy. This version was unanimously approved by the committee on April 12, 2007. The policy was approved by President Barden on May 8, 2007.

SMOKING AND TOBACCO USE/SALE PROHIBITED PHILOSOPHY:

Minnesota State University Moorhead is committed to creating a clean, safe, and healthy living, learning, and working environment, for all students and employees of the University.

POLICY:

As of January 1, 2008, smoking, tobacco use, and tobacco sales (including the use or sales of smokeless tobacco products) are prohibited on University-owned, -operated, -or leased property, and in University-owned, -leased, or -operated vehicles.

DEFINITIONS:

Smoking: The burning of any type of lighted pipe, cigar, cigarette, or any other smoking equipment, whether filled with tobacco or any other type of material. Smokeless Tobacco Products: Smokeless tobacco consists of the use of snuff, chewing tobacco, smokeless pouches, or other forms of loose leaf tobacco.

CESSATION PROGRAMS AND SERVICES

To ease with the transition to a smoke-free campus, in Fall 2007 and Fall 2008, Quit and Win will be made available to MSUM students and employees.Additionally, to support MSUM students and employees who wish to reduce and/or quit using tobacco products, a variety of tobacco cessation resources and services are available (see http://www.mnstate.edu/aod/tobacco.cfm).

POLICY ENFORCEMENT

Enforcement of this policy will depend upon the coopera-tion of all faculty, staff, and students not only to comply with this policy, but also to encourage others to comply with the policy, in order to promote a clean, safe, and healthy environment in which to work, study, and live. The University will provide the campus community with

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training opportunities designed to assist and prepare students and employees to help one another comply with the policy.

In the case of a violation, the person will be informed of the University Smoking and Tobacco Use Policy. Should that person continue to violate the policy, the aggrieved party should contact the appropriate office: for University employees, the person’s immediate supervisor; for stu-dents, the Office of Student Conduct and Resolution; and for those not associated with the University, Public Safety

POLICY EXCEPTIONS

1. An exception for instructional purposes allows for the use of tobacco products in laboratory and classroom instruction/experiments, or artistic purposes. All research, educational, and/or artistic purposes that in-volve the use of tobacco on campus, must be approved in advance by the President or his/her designee. Such use must be preceded by reasonable advance notice to the public.

2. This policy does not apply to specific activities used in connection with the practice of cultural activities by American Indians that are in accordance with the American Indian Religious Freedom Act, 42 U.S.C. sections 1996 and 1996a. All ceremonial use excep-tions must be approved in advance by the President of the University or his/her designee.

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HEALTH RISKS ASSOCIATED WITH ILLICIT DRUG USE AND ALCOHOL ABUSE

Alcohol and drug use is prohibited not simply because it is against the law, but because of the demonstrated health risks associated with use. While the following list is not exhaustive, it serves to demonstrate the range of potential hazards associated with illicit drug and alcohol use.

Information about the health risks of drug use and abuse can be accessed through the following web site: nida.nih.gov

ALCOHOL. Loss of concentration and judgment, slowed reflexes; disorientation leading to higher risk of accidents and problem behavior; risk of liver and heart damage, malnutrition, cancer and other illnesses; can be highly addictive to some persons.

AMPHETAMINES. Can cause rushed, careless behav-ior - pushing beyond your physical capacity, leading to exhaustion; tolerance increases rapidly; causes physical and psychological dependence; withdrawal can result in depression and suicide; continued high doses can cause heart problems, infections, malnutrition, and death.

CANNABIS. Causes permanent damage to lungs, repro-ductive organs and brain function; slows reflexes; increas-es forgetfulness; alters judgment of space and distance.

COCAINE. Causes damage to respiratory and immune systems; induces malnutrition, seizures and loss of brain function. Some forms (such as “crack”) are highly addictive.

HALLUCINOGENS (PCP, LSD, Ecstasy). Causes extreme distortions of what’s seen and heard; induces sudden changes in behavior, loss of concentration and memory; increases risk of birth defects in user’s children; overdose can cause psychosis, convulsions, coma, and death. Fre-quent use can cause permanent loss of mental function.

NARCOTICS (Heroin, morphine, opium, codeine). Toler-ance increases rapidly; causes physical and psychological dependence; overdose can cause coma, convulsions, respi-ratory arrest, and death; leads to malnutrition, infection and hepatitis; sharing needles is a leading cause of the spread of HIV and Hepatitis; highly addictive.

SEDATIVES. Tolerance increases rapidly; produces physical and psychological dependence; causes reduced reaction time, and confusion; overdoses can cause coma, respira-tory arrest, convulsions, and death; withdrawal can be dan-gerous; in combination with other controlled substances can quickly cause coma and death.

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PARENTAL NOTIFICATION

Students experience a variety of positive and negative challenges when transitioning from their home environment to college life. Sometimes these challenges interfere with students’ academic achievement and may include alcohol and/or drugs. MSUM’s goal is to partner with families in assisting with students’ transitions.

The 2008 Minnesota Legislature amended the Education Data sec-tion of Minnesota Statute to address the issue of postsecondary insti-tutions notifying parents of their students’ drug or alcohol offenses.

This allows, but does not require, MSUM to disclose disciplinary violations based on drug or alcohol use or possession if the student is under the age of 21 at the time of the violation. However, disclo-sure is only based upon a student signing a release and identifying the specific person(s) the information may be released to.

Students can sign the release, even if there is no current record or disciplinary violations regarding drug or alcohol use or possession. The release is good for one year only from date of signature. A new release must be signed each year.

A release can be retrieved from the Director of Student Conduct and Resolution, Owens Hall 208. Releases can be faxed to the Director of Student Conduct and Resolution at 218-477-4324. For questions regarding this release, please call 218-477-2174

FOR MORE INFORMATION:

Miracle Hoff, Licensed Addiction CounselorHendrix Clinic & Counseling Center | [email protected] 218.477.2211

Ashley Atteberry, Director of Student Conduct and Resolution Owens Hall 206 | [email protected] | 218.477.2174

RESOURCES

COUNSELING AND SUPPORT GROUPS

On Campus: Hendrix Clinic and Counseling Center

▸ Licensed Addiction Counselor (Individuals and groups) 218.477.2211

▸ Counseling Center: 218.477.2227▸ Medical Services: 218.477.2211

Off Campus

▸ Southeast Human Services: 701.298.4500▸ Alcoholics Anonymous: 701.235.7335 ▸ Narcotics Anonymous: 701.234.9330▸ 24 Hour Helpline: 701.235.SEEK

▸ Lakeland Mental Health, Moorhead: 218.233.7524▸ Drake Counseling Servic: 701.239.5429▸ Sharehouse Wellness Center: 218.233.6398

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We encourage an open and honest discussion with students about their responsibilities as a student and the negative effect that drinking may have on academic achievement.

Some of the topics to discuss are reflected in the following questions:

Doesn’t everyone in college drink?

Movies and TV shows have led us to believe that all college students drink. The truth is, some college students do participate in drinking activities, while many others do not.

How can I meet new people without taking part in drinking-related activities?

There are many different ways and places that you can make new friends when beginning school at MSU Moorhead. Certainly, parties can be one place to meet new people, but you need to be highly conscious of your surroundings and your actions. MSU Moorhead offers many on-campus programs that offer an alternative to drinking, such as Dragons AfterDark, residence hall activities, events in the Comstock Memorial Union and activities at the Wellness Center.

Can drinking affect my grades?

Absolutely. Drinking may lead to missing classes, forgetting to turn in homework assignments and even failing exams. Excessive drinking can also lead to health problems or cause you to be put into situations that are unsafe. In short, drinking can affect your well-being and success while at MSU Moorhead. Remember, MSU Moorhead offers plenty of options for weekend fun that do not involve drinking.

Can I face university disciplinary action for drinking?

Yes. MSU Moorhead’s University Alcohol and Other Drugs Policy addresses student behavior both on and off campus. Disciplinary actions related to drinking include the possibility of suspension from the university. It is important to review the policy before coming to campus: mnstate.edu/aod

A GUIDE FOR DISCUSSING DRINKING WITH COLLEGE STUDENTS

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What does the MSU Moorhead Alcohol and Other Drugs Student Policy say?

The policy reads: “Minnesota State University Moorhead recognizes that the misuse of alcohol and other drugs is a serious problem in our society and our community. This University seeks to create a campus environment which promotes healthy and responsible living that is conducive to the intellectual and personal development of students. The University is committed to establishing and enforcing clear campus policies regarding the use of alcohol and other drugs.”

Can parents be notified if I’m caught drinking?

Possibly. Under Minnesota law, MSU Moorhead may disclose disciplinary violations based on drug or alcohol use or possession if the student is under the age of 21 at the time of the violation. Disclosure can be done only if a student has signed a release and identified the specific person(s) to which the information may be released.

Where can we read more about the MSU Moorhead Alcohol and Other Drugs Student Policy and find other resources related to drinking?

To read the policy and find other resources for students and parents, please visit mnstate.edu/aod. In addition, you’ll find the parental notification student release under the Forms button at mnstate.edu/oscar/.

Minnesota State University Moorhead is an equal opportunity educator and employer and is a member of the Minnesota State Colleges and Universities System. This information will be made available in alternate format, or if a disability-related accommodation is required, please contact the Disability Resource Center at 218.477.4318 (voice) or 1.800.627.3529 (MRS/TYY).