The Drug-Free Schools and Communities Act
Bethany Lutheran College is committed to preventing alcohol abuse and unlawful possession, use, and distribution of alcoholic beverages and drugs. Violations of Bethany Lutheran College’s standards of conduct concerning drugs and alcohol include, but are not limited to:
- PPossession, use, distribution, manufacture, sale, or being in the presence of alcoholic beverages on campus or at any College-sanctioned event by any student or guest.
- Illegal use, possession, distribution, or sale of alcoholic beverages off campus by any student.
- Intoxication of any student on or off campus.
- Illegal possession, use, manufacture, cultivation, sale, or distribution of any counterfeit, illegal, dangerous, “designer,” or controlled drug or other substance or drug paraphernalia on or off campus, or being in the presence of such actions. This includes prescription medications when used outside of the manner in which prescribed.
- The possession, use, manufacture, cultivation, sale, or distribution of any substances not necessarily considered illegal but are used to alter one’s personality, behavior, or physical or emotional state. (e.g. marijuana & THC).
- Reasonable suspicion of drug use (odor, behavior, environmental factors, etc.) that in the judgement of College officials constitutes a preponderance of evidence.
NOTE: Medically recommended cannabis or marijuana is not recognized by federal law or by the College as a legal prescription. Therefore, possession of marijuana on campus for any reason is strictly prohibited. This includes vaporizer pen or e-cigarette accessories know to contain THC, “wax”, or any other form of marijuana extract.
Bethany will impose sanctions on a student (consistent with local, state, and federal law) according to the sanctioning guidelines of the alcohol and drug section of the standards of conduct. A student may also be required to attend a drug and alcohol treatment program and/or to seek special counseling at the student’s expense if it is determined that the student has a dependency or abuse problem. Such a program or counseling may be required as a condition for continued enrollment.
In compliance with the Drug Free Schools and Communities Act of 1989 drug and alcohol information is annually distributed to students and is available in printed form from the Dean of Students’ Office including:
- Health risks associated with the use of illicit drugs and the abuse of alcohol.
- Applicable legal sanctions under state and federal law for unlawful possession, use, or distribution of illicit drugs and alcohol.
- Drug or alcohol counseling, treatment, rehabilitation and re-entry programs that are available to students.
There are several community facilities, programs and counselors that can provide drug and alcohol counseling, assessment, treatment and/or rehabilitation programs. They include:
- Addiction Recovery Technologies of Mankato: (507) 345-4670
- Alcoholics Anonymous: (507) 388-8989
- House of Hope: (507) 625-4373
- Mankato Family Focus: (507) 625-3372
- Smart Recovery: (866) 601-3539
- Alanon: (507) 387-2772
Bethany Lutheran College will conduct an annual alcohol and drug awareness program and will conduct a biennial review of this program to determine its effectiveness. The College will implement changes if they are needed and ensure that the sanctions are consistently enforced.
The Standard Sanctions have been adopted by Bethany Lutheran College to respond to violations of the Standards of Conduct relating to alcohol and drugs. Incidents involving alcohol and drugs which are not described in the Standard Sanctions will be handled on a case-by-case basis in light of all the circumstances.
Examples of specific situations to which Standard Sanctions do not apply are as follows:
- Where an alcohol or drug related emergency exists and proper assistance is given. See Amnesty through Good Samaritan Action;
- Where a student is found to have engaged in multiple violations of the Standards of Conduct in a single incident, rather than solely in the violation addressed by the Standard Sanction;
- Where a student is already on a judicial sanction status equal to, or greater than, the Standard Sanction for a subsequent offense;
- Where a specific incident presents exacerbating circumstances, an ongoing risk to persons or property, or other serious concerns; and/or
- Where the student is on current disciplinary probation, thus the violation may be subject to more severe sanctions.
In these situations, the appropriate sanctions will be determined on a case-by-case basis in light of all the circumstances. Generally, these situations will result in sanctions in excess of the Standard Sanction.
The presence of substantial mitigating or other appropriate circumstances may result in the reduction of a Standard Sanction at the discretion of the Dean of Students, his designee, or the Dean’s Advisory Committee.
At Bethany Lutheran College, the wellbeing of students is of primary importance. Every student plays a critical role in creating a community of care, concern, and coming to the assistance of one another. When students believe that assistance for an intoxicated or impaired individual (including themselves) is needed to ensure the student’s well-being, it is critical that they take responsible action and seek assistance for that student. To encourage students to take responsible action when medical attention is necessary, Bethany Lutheran College will not hold students who initiate medical evaluation or intervention (for themselves or for others), or for whom such action is taken, accountable for violations of the College’s alcohol policies, namely the fine or monetary aspect of campus sanctions.
To be eligible for Amnesty through Good Samaritan Action students must:
- CALL for help: In medical emergencies, immediate action should be taken by calling 911. Help can also be sought by contacting Campus Security (507.344.7888) or, for students in residence halls, contacting Residential Life Staff.
- STAY with the person until appropriate medical help arrives and you have been told your assistance is no longer needed.
- COOPERATE with responding staff and/or emergency personnel, including all requests for information and assistance.
In a situation where a student takes responsible action (for themselves or for others) and calls, stays and cooperates or has such action taken for them, the responding party (e.g., Campus Security, Residential Life Staff) will fully document the incident. Students will be expected to promptly respond to any meeting requests from appropriate staff members, including those involved in the conduct process regarding the incident.
If it is determined that the student followed all required steps to be eligible for Amnesty through Good Samaritan Action (Call, Stay, and Cooperate) the student will not be sanctioned for an alcohol related policy violation with few exceptions noted in the next paragraph. Any exceptions are subject to the discretion of the Dean of Students (or designee).
It should be noted that in the best interest of the student, the student may still be required to participate in an alcohol or drug education awareness program or may be required to seek an evaluation for substance abuse and to follow treatment recommendations. As with any incident involving alcohol, parents of students under the legal drinking age will be notified.
Amnesty through Good Samaritan Action applies only to alcohol related policies. Amnesty does not apply if any Bethany staff initiates medical evaluation. If other policy violations occurred, or may have occurred, the student will be subject to the student conduct process related to those policies and may be found responsible. Amnesty does not apply to other criminal activity such as assault, property damage, driving under the influence, or presence of other illicit substances, and the exception does not suggest that laws or polices should be violated in order to help individuals.
Students must agree to the timely completion of any recommended assessment, educational assignment, and/or treatment. Serious, flagrant, or repeated incidents will prompt a higher degree of concern and action. In the event that a student who receives medical assistance fails to comply with the required course of action or exhibits a pattern of problematic behavior with alcohol, that student may be subject to additional sanctioning actions.
Should the student be found responsible for a subsequent violation of college policies, including those related to alcohol, the College may modify the outcomes in a spirit of concern for the student and/or community’s wellbeing.
Alcoholic Beverages Policy Violations
|Violation||Fee||Probation, Suspension, or Expulsion||Education or Remediation|
|Presence 1st Violation||$75||Conduct Probation = 2 months||AoD Assessment and/or Education when appropriate|
|Possession, Use, Intoxication, Manufacture or Supplying Underage Person(s) 1st Violation||$200||Conduct Probation = 3 months||AoD Assessment and/or Education when appropriate|
|Presence, Possession, Use, or Intoxication 2nd Violation||$200||Conduct Probation = 6 months||AoD Assessment when appropriate, Education, Notice to Parents|
|Manufacture or Supplying Underage Person(s) 2nd Violation||Minimum suspension for one semester; Possible expulsion||AoD Assessment and any recommended counseling to return when appropriate; Notice to Parents|
|Presence, Possession, Use, or Intoxication 3rd Violation||Minimum suspension for one semester; Possible expulsion||AoD Assessment and any recommended counseling to return; Notice to Parents|
Drug Policy Violations
NOTE: Because drug violations can manifest itself in a range of severity, the College has established 3 levels of severity. Severity Levels are not limited to the listed examples.
|Violation||Fee||Probation, Suspension, or Expulsion||Education or Remediation|
|Severity Level 1|
(e.g., Presence, minor drug possession, use, or intoxication)
|$100||Conduct Probation = 6 months||AoD Assessment and/or Education when appropriate; Notice to Parents|
|Severity Level 2|
(e.g., misdemeanor drug or marijuana possession, use or intoxication)
|$200||Conduct Probation = 1 year with possible housing suspension||AoD Assessment and/or Education when appropriate; Notice to Parents|
|Severity Level 3|
(e.g., felony drug possession, use or intoxication)
|Minimum suspension for one semester; Possible expulsion||AoD Assessment and any recommended Counseling to Return; Notice to Parents|
|Drug Sale, Distribution, Manufacture, or Cultivation||Expulsion|
*The Dean of Students reserves the right to evaluate the gravity of the student’s behavior and impose any of the sanctions listed to remediate the violation, as deemed appropriate.
*The College reserves the right to involve law enforcement for violations of Drug and Alcoholic Beverages as deemed appropriate by Residential Life staff.
NOTE: Parental notification can take place in cases where the student is under the age of 21.
All violations may be subject to additional and/or adjusted sanctions as determined by the College, which may include: adjustment to the fine amount, completion of an educational reflection paper, referral for evaluation, parental notification as permitted under FERPA, suspension, termination of scholarship(s), etc.
Students have the right to appeal sanctions for Drug and Alcohol Policy violations. The appeal process is the same as outlined in the Standards of Conduct section of the Student Guidebook Appeal Procedure.
Supplemental Educational Materials
The following documents are annually distributed to students and available in printed form from the Dean of Students’ Office.
- Alcohol & Drug Information Booklet
- Alcohol & Drug – Health Implications Information