I totally get all that, but I think in this one case, where students’ physical safety is involved, they should not be following the “in plain view” rule. The same way they have a policy that if you report your roommate appears to have drank too much and be in physical distress, you don’t have to worry either of you will get in trouble for the alcohol.
There probably is no provision in the laws governing the institution that allow ignoring illegal objects or activities except in a very circumscribed area of legal privilege with specific licensed professionals in particular circumstances. If the school is being transparent, this information is provided to incoming students, included in orientation, and appears in the student conduct code.
ETA: 1. If the school is a private institution, it can make rules that are more restrictive than its legal requirements as long as they don’t interfere with any legal rights or other statutes. 2. If a school receives federal grant money, marijuana on campus can threaten its faculty and labs’ funding, even in a state where it’s been decriminalized.
I could be wrong (but I am an attorney and former University Trustee, so I have some background) but I don’t think a college has any obligation to enforce the criminal code. If I see a 20 year old drinking beer, I don’t have to take any action. Why should a college? A school certainly might want to have rules against drinking or doing drugs, to foster a safe environment or limit liability concerns. But I don’t think they have to.
Because the college is partially funded by some other entity, likely including the state, which has laws that it imposes, failure to comply with which may lead to penalties, including losing funding or being prohibited from operating.
That’s why we had to hire a “compliance officer.” But I honestly never heard of any requirement that we institute or enforce a drug or alcohol policy. Maybe it just never hit our radar, because it’s just something that everyone knows.
What would the school’s motivation be to write up kids for contraband if not liability concerns? I don’t see most schools as having an interest in kicking out their paying customers.
IANAL, so here’s an example of language at the university level:
https://policy.oregonstate.edu/UPSM/07-045_university_policy_marijuana:
University Policies Regarding Cannabis
University Policy: 07-045 University Policies Regarding Cannabis
Policy Category: Risk Management, Safety, and Facilities
Responsible Office: Senior Vice Provost for Faculty Affairs
Responsible Executive: Provost
Download the Policy: (PDF)
Effective Date: 06/01/2015
University Policies Regarding Cannabis
Oregon State University policy prohibits students, employees and members of the general public from possessing, using or distributing marijuana in any form on any of the University’s campuses or facilities and during any University activities.
While Oregon law as of July 1, 2015, may allow certain marijuana-related activities, such as limited medical marijuana use and other recreational use and possession, using and possessing marijuana in any form remains a crime under federal law.
Oregon State University’s policies related to the use and possession of recreational marijuana has not changed now that the state of Oregon’s recreational marijuana law has taken effect.
As a recipient of considerable federal funding, such as financial aid and federal grants and contracts for research, the university is required to continue to prohibit the use and possession and distribution of all federally controlled substances – including marijuana. Consequently, such activity will remain prohibited by university policy and the OSU Student Conduct Code.
At the federal level, the Controlled Substances Act states that the growing and use of marijuana is a crime and federal enforcement agencies can prosecute users and growers of marijuana, regardless of state law. In addition to being a federal offense, the use of medical marijuana in the workplace and on campus is restricted by additional federal laws, such as the federal Safe and Drug Free Schools and Communities Act and the Drug-Free Workplace Act. It is those federal laws that require OSU to prohibit the use of marijuana on campus.
For the convenience and understanding of the University community, OSU’s most prominent marijuana-related policies are summarized below.
Departmental Practices and Policies Related to Marijuana
STUDENT CODE OF CONDUCT
Oregon State University’s Student Conduct Code will continue to prohibit the possession, use, or distribution of marijuana, and such activity may result in disciplinary action.
HUMAN RESOURCES
As an employer, Oregon State University will continue to abide by the federal Drug Free Workplace Act, which continues to prohibit the possession, use, manufacturing or distribution of marijuana in the workplace. Any previously applicable University drug testing policies remain unchanged, but no new University policies will be implemented as a result of Measure 91.
ACADEMIC INSTRUCTION
Oregon State University faculty will not instruct students during class or through class materials about how to grow, manufacture, distribute or dispense marijuana.
RESEARCH
Oregon State University policy prohibits faculty from conducting research that involves the possession, use, or distribution of marijuana unless such research is in compliance with already established guidelines set forth by federal agencies, including the Drug Enforcement Administration, Federal Drug Administration and National Institute of Drug Abuse. At this time, OSU policy allows faculty to perform research on industrial hemp in compliance with established federal guidelines. Additional guidance on industrial hemp can be found at: Cannabis Research | Research Office | Oregon State University
HOUSING AND DINING
Oregon State University prohibits the possession, use or distribution of marijuana in residence and dining halls. The University also prohibits the possession of marijuana-related paraphernalia. Marijuana possessed by students on campus will be confiscated and destroyed.
STUDENT JOB POSTINGS
Oregon State University will not advertise, promote, or otherwise coordinate student internships, research or job opportunities with companies involved in the manufacturing, distribution or possession of marijuana.
The 2018 Farm Bill does not provide for the legalization of industrialized hemp production outside of research purposes until a federal regulatory framework is in place, and this is not expected to happen for at least a year. The university currently does not allow the posting of jobs associated with illegal activity. Employers will be allowed to post jobs on OSU sites with the confirmation that they are not engaged in illegal activity and fully compliant with state and federal regulations.
STUDENT INTERNSHIPS
Oregon State will not provide University academic credit for student internships with companies where the students are involved in the manufacturing, distribution, or possession of marijuana.
Undergraduate students may appeal an internship denial to the Vice Provost and Dean of Undergraduate Studies for re-consideration. Graduate students may appeal to the Dean of the Graduate School.
Students are permitted to participate in OSU employment and/or internship opportunities associated with growing and cultivating industrial hemp for academic research purposes, with the following stipulations:
- The research/production is permitted and otherwise permissible under the 2014 and 2018 Farm Bill;
- The end purpose of the production and cultivation is not for commercial activity; and,
- The funding source for the research is approved through the OSU Research Office.
This policy would only provide for employment and academic credit for OSU-affiliated activity, and not be extended to non-OSU affiliated entities covered by the Farm Bill.
OSU EXTENSION PROGRAMS
Oregon State University will hold OSU Extension Service and 4-H volunteers accountable to federal laws and University policies while performing duties on behalf of the university. OSU Extension Services will not provide instruction regarding how to grow, manufacture, distribute or dispense marijuana. Guidance on extension policy for providing instruction on industrial hemp can be found at: Cannabis Research | Research Office | Oregon State University
History
Adopted: June 30, 2015
Amended: Housekeeping, February 28, 2019
Here’s from a community college:
http://catalog.lc.edu/content.php?catoid=13&navoid=1017#Drug_and_Alocohol_Policy
Drug and Alcohol Use Policy
All applicable state, federal, and local laws relating to alcoholic beverages and controlled substances will be enforced. Illegal possession, consumption, use, sale, delivery or transfer of alcoholic beverages or controlled substances distribution is prohibited on the college grounds and in college facilities. Students seeking assistance with drug or alcohol problems will be referred by Counseling or the Family Health Clinic to appropriate community services such as Narcotics Anonymous, Alcoholics Anonymous, or local community counseling agencies.
Maybe there’s a difference between “we’re required to enforce a drug or alcohol policy” and “we could get sued if we don’t and something bad happens”?
That, apparently, is a policy the community college voluntarily adopted. (but maybe the state mandates it). (How strict they decide to enforce it is another question. Sometimes these policies are simply there so they can say they have a policy)
I’ll certainly concede that the feds have put all kinds of strings on financial aid and research grants. As I recall, even neglecting to register for selective service could jeopardize financial aid. (I’m lucky that I was in the first modern group to be required to register, and my refusal to do so never caught up with me.)
Here’s a private Christian college:
ALCOHOL AND CONTROLLED SUBSTANCES
Bushnell requires students to conduct themselves as role
models in faith and practice in the church and world. As a
result, promotion, distribution, sale, possession, underage
use of alcohol, use of controlled substances, or misuse of
prescription medications is prohibited. Intoxication on
campus or at University-sponsored events is prohibited.
• Campus standards do not allow alcoholic beverages,
including empty alcohol containers, on campus.
Any incident in which a student is found to be in
possession of alcohol will be documented as a policy
violation. All alcohol and items containing alcohol
will be disposed and/or confiscated by University
officials (e.g. Resident Assistants and Security).
• Use or possession of alcohol by students off campus
> is subject to local laws and University disciplinary
> policies.
• Undesirable behavior resulting from on or off -
campus use of alcohol is subject to University
disciplinary action.
• No alcohol, drug-related, or similarly offensive
posters, stickers, caps, lights, etc. may be displayed
in campus housing windows or on the outside of
doors. Bottle caps are not allowed on ceilings or
walls.
• Due to the risks involved to the health and safety of
Bushnell students, competitive drinking events are
prohibited both on and off campus. Planning or
participating in such events will result in University
disciplinary action for organizers and all
participants.
• Controlled substances include all recreational/street
drugs, including marijuana, plus the NCAA banned
drug list (adopted by the NAIA). The use,
possession, or trafficking of non-prescription
amphetamines and barbiturates, narcotics, LSD,
and/or other hallucinogenic agents is a violation of
state and/or federal laws. The possession, usage
and/or trafficking of any of the above agents is in
violation Bushnell policies and can result in
suspension, dismissal, or expulsion from the
University. All drugs will be confiscated and/or
destroyed.
• Possession of drug-related paraphernalia is
considered a violation of this policy and will be
confiscated and destroyed. Other sanctions may
also be imposed at Bushnell’s discretion.
• Being under the influence of illicit drugs is
considered a violation of this policy.Hosting Gatherings Involving Drugs/Alcohol
Persons who host or in any way assist or promote a
gathering (on or off campus) that includes alcohol given to
underage persons, underage consumption of alcohol, illegal
drug usage, or any drunkenness will be subject to disciplinary
action. Those living at the location where the party is held
may be held responsible as host regardless of who provides
the alcohol.Marijuana
Marijuana use or smoking of any kind, including edibles and
all vapor products is prohibited according to federal law.
Tobacco
Tobacco use or smoking of any kind, including smokeless
tobacco and all vapor products is prohibited on campus.ALCOHOL/SUBSTANCE DRUG TESTING POLICY
The intent of this policy is to prevent substance use and
abuse by students through education, testing, and
professional guidance. The University recognizes its
responsibility to provide educational programming that will
support a positive decision making process. Bushnell
University and the Athletic Department believe that drug
testing based on reasonable suspicion is appropriate to
ensure the health, safety, and welfare of students; to
promote fair competition in intercollegiate athletics; to
affirm compliance with applicable rules and regulations on
drug and alcohol abuse; to identify students who are
improperly using drugs or alcohol; and to assist them before
they harm themselves or others. Professional counseling is
an essential element of an effective program of treatment
and rehabilitation.
• Education – providing students and athletic staff
with accurate information about problems
associated with substance use in general and in
sport, promoting health and safety.
• Testing – analyzing biological specimens to detect
prohibited substances students may introduce to
their bodies and punitive consequences resulting
from use.
• Professional Referral – facilitating appropriate
treatment and rehabilitation of students.
My bold.
I’m not disputing colleges usually have such conduct codes. The question was whether they were required to. Your fist link alleges they do. (I haven’t seen the federal regulations OSU referred to, but I’ll accept they exist.)
This part seems strangely specific. I guess they had a problem with this and had to spell it out.
Great. so if they have a couple of friends visiting one afternoon, and one of those friends leaves a joint on the desk as they scurry out of the room for the fire drill, only the two resident roommates - neither of whom can legitimately claim responsibility - get punished for it.
How very enlightened.
Also, none of your previous posts mention any incident, but the post I quoted above seems to imply one. For clarity, are you saying that contraband was actually discovered in your daughter’s dorm room during a fire drill?
Yes, sorry, I thought I had posted that. There was a fire drill, she wasn’t even in the dorm at the time. When she got back, (I’ll try to get more details here), she was informed that alcohol had been found in her room. Her roommate said it was hers, so the roommate got 1 disciplinary point.
Welcome to reality. Hang out with people who do illegal things, you may get in trouble. Better they learn this lesson now when the punishment is levied by an RA instead of a Grand Jury.
Was gonna say the same. Also, this is only one point out of three that you can accrue each semester before anything actually happens to you. For me it’s a case of pick your battles, move on.
Just to observe, I imagine I am not the only person who approves of this theory of law enforcement.
This would be a nice bit of malicious compliance/civil disobedience. Carefully read the policy and get lots of people to leave lots of “evidence” that isn’t actually against the policy to waste the administration’s time. It might backfire, but I’d do it.
Sounds like a good way to land yourself in Double Secret Probation. The above discussions are very disheartening, no matter how solidly based they are in reality. Alcohol was specifically addressed in my student handbook 37 years ago. Alcohol consumption, responsible and otherwise, was considered part of life, and thus of learning. And while the school definitely did not advocate its use, let alone abuse, they it held the position of “you do you, but you’ll still be held accountable for any mischief you get into.” Sad to see the responsibility for an individual’s actions and safety being so absolutely shifted onto an educational facility.
For the Jeanne Cleary Act it depends on if the school receives any amount of any type of federal aid. Many colleges in one form or another do, though certainly not all.
The feds don’t screw around when it comes to Cleary. Colleges can and do get hammered with massive fines and loss of grants and funds for things that even appear as minor violations.