Alcohol, Drug, Smoking & Firearms Policies

ALCOHOL AND DRUG POLICY

The College Board of Control has adopted a policy on drug and alcohol abuse in compliance with Drug-free Schools and Communities Amendments Act of 1989 and Public Law 101-226.  This policy states…

• MLC faces the same problems as other American colleges
• Drug and alcohol abuse is a sinful misuse of the body
• Underage drinking is a sin against lawful authority.

The college is obligated to…

• •  provide information on drug and alcohol abuse annually.
  •  offer aid and counsel to those who misuse or abuse drugs or alcohol.

•  discipline, suspend or dismiss as determined appropriate by the MLC administration.

MLC is committed to a drug and alcohol free campus for its students and also specifies  guidelines for the presence and use of alcohol at college sponsored events in faculty, staff,  and administrative handbooks.  Although by state statute it is legal for an individual who has attained the age of 21 to drink alcohol, such students are not allowed to use or possess alcohol on the Martin Luther College campus or in its facilities.  In the same way, while the state may legalize the recreational use of marijuana or its chemical derivatives, no one is allowed to use or possess marijuana on the Martin Luther College campus or in its facilities.

ALCOHOL, MARIJUANA AND CONTROLLED SUBSTANCE VIOLATIONS

Violations of the MLC Alcohol and Drug Free Campus Policy consist of the following situations which could occur on- or off-campus:

• underage drinking
• drunkenness
• illegal possession of alcohol/drugs
• possession and/or use of alcohol or marijuana on campus or in campus residence halls
• being party to alcohol possession and/or consumption on campus
• procurement of alcohol for individuals under the legal age for alcohol use
• possession, use, or distribution of illegal or controlled substances
• pressuring or forcing others to imbibe alcohol/marijuana or use illegal or controlled substances

Alcohol and controlled substance violations will be treated seriously and may jeopardize the individual’s current and future enrollment at Martin Luther College. Violations of the MLC Alcohol and Drug Free Campus Policy result in one or more of the following consequences:

• a monetary fine (currently set at $250)
• campus or community service
• mandatory counseling
• awareness education
• alcohol/drug use testing*
• chemical dependency evaluation
• restrictions at school
• suspension or dismissal from school
• referral to law enforcement authorities

*MLC reserves the right to conduct alcohol and drug tests of students for cause, reasonable suspicion, or confirmation of testimony.  In the case of marijuana or other drug use, testing would be done in conjunction with the signing of a Consent Form authorizing a laboratory to conduct the test and to share results with the college and its officials.

PARENTAL NOTIFICATION

In 1998 Congress added the following provision to the FERPA legislation:Nothing in this Act or the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student’s education records, if –
(A) the student is under the age of 21; and
(B) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.

The VP for student life is responsible for determining if and by what means parents or legal guardians will be notified when students under the age of 21 are found to have committed violations of federal, state, or local law or college policies related to the possession, use, or distribution of alcohol or a controlled substance.

The college encourages students to assume personal responsibility and accountability for their actions as they learn to establish their own independence. The college also recognizes that the process of establishing personal independence requires support and, at times, assistance or intervention. In the appropriate circumstances, notification of parents or legal guardians can be a means of support in that transition. Consistent with this approach, the VP for student life or his designee, at his discretion, will involve the student in a discussion about the decision to notify his/her parents or legal guardian and will inform the student that notification will take place.

SMOKING AND TOBACCO USE

Smoking and tobacco use is prohibited inside campus buildings–this includes entryways and staircases–and applies to smoked and smokeless tobacco, e-cigarettes, “vaping” and other nicotine delivery products. 

Smoking will only be allowed in parking lots on campus.  This means that smoking is no longer allowed on sidewalks, at building entrances or outside of buildings, etc.   … only within the confines of our parking lots.  Most significant is the fact that smoking is no longer permitted on the Summit Hall “Porch.” You will notice that ash and butt collectors have been removed from building entrances.  Maybe now is the time to commit yourself to a smoking cessation program! : )

The US Surgeon General has determined that smoking is harmful to your health and to the health of people around you. Why do it?…and raise everyone’s insurance rates?…and work against your own and other’s health?  Don’t smoke.  Just don’t do it. 

POSSESSION OR CARRY OF FIREARMS

Part 1. Purpose and Scope. The purpose of this policy is to establish restrictions on possession or carry of firearms, ammunition and other weapons applicable to Martin Luther College, in accordance with the Minnesota Citizens’ Personal Protection Act of 2003, Minnesota Statutes section 624.714, and other applicable law.

Part 2. Definitions.

“Firearm” means a gun, whether loaded or unloaded, that discharges shot or a projectile by means of an explosive, a gas or compressed air.

“Pistol” means a weapon as defined in Minnesota Statutes section 624.712, subd. 2

“Ammunition” means shotgun shells, bullets, BBs, pellets and other projectiles discharged  from a firearm

“Weapon” means hunting knives, machetes, bows & arrows, spears, clubs, swords, and martial arts equipment (e.g., nun chucks)

“Student” means an individual who is:

1. registered to take or is taking one or more courses, classes, or seminars, credit or noncredit, at Martin Luther College; or
2. between terms of a continuing course of study at the college, such as summer break between spring and fall academic terms; or
3. expelled or suspended from enrollment as a student at the college, during the pendency of any adjudication of the student disciplinary action.

“Martin Luther College property” means the facilities and land owned, leased, or under the primary control of Martin Luther College.  Homes owned by the college for the use of faculty and staff are excluded from the terms of this policy.

“Visitor” means any person who is on Martin Luther College property, but does not include (1) an employee of  Martin Luther College acting in the course and scope of their employment; or (2) a student, when that student is on Martin Luther College property.

Part 3. General Policy. No person is permitted to carry or possess a firearm, ammunition or weapon on Martin Luther College property.

Employees.

1. Employees are prohibited from possessing or carrying a firearm, ammunition or weapon while acting in the course and scope of their employment, either on or off MLC property, regardless of whether the employee has a permit to carry a firearm.
2. Employee reporting responsibility. An employee with a reasonable basis for believing an individual is in possession of or carrying a firearm, ammunition or weapon in violation of this policy has a responsibility to report the suspected act in a timely manner, unless doing so would subject the employee or others to physical harm. Reports should be made to the employee’s supervisor or to an administrator of Martin Luther College. This policy shall not prohibit prompt notification to appropriate law enforcement authorities when an immediate threat to personal safety exists. Employees shall not make reports of a suspected violation knowing they are false or in reckless disregard of the truth.

Students.

1. Prohibition. Students are prohibited from possessing or carrying a firearm, ammunition or weapon while on Martin Luther College property, regardless of whether the student has a permit to carry a firearm.

Visitors.

1. Visitors are prohibited from possessing or carrying a firearm, ammunition or weapon while on Martin Luther College property.
2. Licensed peace officers. This policy does not apply to visitors who are licensed peace officers under Minnesota Statutes section 626.84, subd.1(c).

Storage

Nothing in this policy requires the college to provide storage facilities for employees’ or students’ firearms, ammunition or weapons.

Part 4. Storage in Martin Luther College Vehicles Prohibited. No vehicle owned, leased, or otherwise under the control of Martin Luther College shall be used to store or carry firearms, ammunition or weapons.

Part 5. Violations. Violations of this policy by students or employees are misconduct subject to discipline, up to and including expulsion or termination.

Part 6. Referral to Law Enforcement.  Martin Luther College may refer suspected violations of law to appropriate law enforcement authorities, and provide access to investigative or other data as permitted by law.

Part 7. College Policies. Martin Luther College shall adopt policies and procedures consistent with this policy.

Part 8. Effect. In the event any other Martin Luther College policy or procedure is found to be in conflict with this policy, the terms of this policy shall govern.

Related Documents:

To view any of the following related statutes, go to the State Revisor’s Web site (http://www.revisor.leg.state.mn.us/). You can conduct a search from this site by typing in the statute number.

• Minnesota Statute 624.714, Minnesota Citizens’ Personal Protection Act of 2003
• Minnesota Statute 624.712, subd. 2, definitions

Minnesota Statute 626.84, subd.1(c) licensed peace officer.