Drug and Alcohol

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Applies To: Faculty, Staff, Students

Responsible Office: Dean of Students

Policy Statement

I. Drug and Alcohol Free Campus Policy

A. Introduction

Mitchell Hamline School of Law recognizes drug and alcohol abuse among the major health hazards in our society. It further recognizes the debilitating consequences such abuse can inflict upon students, employees, the legal community, and the community at large. It is the school’s desire to maintain a safe, healthy, and productive work place and learning environment for its students, faculty, and staff.

The abuse of drugs and alcohol represents a serious threat to an individual’s mental, emotional and physical health. Health risks from chemical abuse include drowsiness, disorientation, hallucinations, depression, convulsions, coma and death. Similarly, there are significant health risks associated with the abuse of alcohol. Mitchell Hamline School of Law provides assistance and guidance to individuals who need help. Contact the Dean of Students, or Counseling Services to identify appropriate resources.

B. Policy Statement

Federal law requires that, as a condition of receiving funds or any other form of financial assistance under any Federal program, including student financial aid, an institution of higher education must adopt and implement a program to prevent the unlawful possession, use, or distribution of drugs and alcohol by students and employees. In addition, federal contractors and federal grant recipients are required to establish and maintain drug-free awareness programs in the workplace.

This policy shall be enforced consistent with the rights and responsibilities set forth in the Student Code of Conduct and applicable standards and procedures for faculty and staff.

Absent prior institutional approval, the possession, consumption, or distribution of alcohol is prohibited on Law School property. The possession, use, sale, or distribution of marijuana is prohibited on Law School property. No person may unlawfully manufacture, dispense, possess, use, or distribute drugs on Law School property.

Faculty and staff are prohibited from reporting to work or performing work while under the influence of alcohol, marijuana, controlled substances, or any other substance that impairs their ability to perform their duties safely and effectively. Violations of this policy by employees may result in disciplinary action, up to and including termination of employment, or other appropriate sanctions. The application of any disciplinary sanction shall be dependent upon the seriousness of the offense and the presence or absence of mitigating factors. As a condition of employment, employees are required to notify the school of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction.

Students are prohibited from attending class or participating in an educational activity while under the influence of alcohol, marijuana, controlled substances, or any other substance that impairs their ability to participate in an educational activity. Violations of this policy by students will be addressed through the Student Code of Conduct.

Sanctions for students may include, but are not limited to:

  1. Expulsion from the school.
  2. Suspension from the school.
  3. Record of violation entered into student’s file, which may, in turn, be reported to the applicable State Board of Law Examiners.
  4. Drug or alcohol dependency treatment and counseling as a condition of remaining in or returning to the school.
  5. Referral to the State or Federal Government for prosecution.

Sanctions for faculty and staff members include, but are not limited to:

  1. Termination of employment with the school.
  2. Suspension from employment.
  3. Record of violation entered into faculty or staff member’s file, which may, in turn, be reported to the applicable Board of Professional Responsibility.
  4. Drug or alcohol dependency treatment and counseling as a condition of continued employment.
  5. Referral to the State or Federal government for prosecution.

C. Resources

Below is a list of low cost drug or alcohol counseling, treatment, rehabilitation or re-entry programs that are available in the area:

Lawyers Concerned for Lawyers
Court International Building
2550 University Avenue West
Saint Paul, MN 55114
651-646-5590

Greater Twin Cities United Way
404 South 8th Street East
St. Paul, MN 55101
Call: 211

Hazelden Betty Ford Foundation
1-866-350-8847

Regions Hospital Alcohol and Drug Abuse Programs
445 Etna Street, Suite 55
Saint Paul, MN 55106
651-254-4804

Alcoholics Anonymous
608 7th St. W.
Saint Paul, MN 55102
1-800-934-9518

D. Possible Health Risks of Drug Use/Abuse

Marijuana

Possible Signs of Use/Abuse: Increased heart and pulse rate; bloodshot eyes; increased appetite; dryness in the mouth and throat; hallucinations, paranoia or panic; impaired memory; and altered sense of time; and decreased concentration, reaction time, and coordination.

Possible Health Risks of Use/Abuse: Damage to heart, lungs, brain and nerve cells; lung cancer; memory disorders; interference with psychological maturation; temporary loss of fertility in both women and men; psychological dependence; and bronchitis, infections, colds, and other viruses. For pregnant women: premature birth or low birth weights.

Cocaine/Crack

Possible Signs of Use/Abuse: Euphoria; dilated pupils; narrowing of blood vessels; increased blood pressure, heart rate, breathing rate, and body temperature; decreased appetite; insomnia; runny nose; violent, erratic, or paranoid behavior; sweating; anxiety; and tremors.

Possible Health Risks of Use/Abuse: Malnutrition, respiratory problems; addiction; stroke; liver problems; seizures; heart and respiratory failure; psychosis; coma; convulsions; and sexual dysfunction. For users who share or use non-sterile needles to inject cocaine: tetanus, hepatitis, or HIV/AIDS.

Steroids

Possible Signs of Use/Abuse: Sudden increase in muscle and weight; increase in aggression and combativeness; violence; hallucinations; depression; jaundice; purple or red spots on body, inside mouth, or nose; swelling of feet or lower legs (edema); tremors; and bad breath. For women: breast reduction, enlarged clitoris, facial hair, baldness, and deepened voice. For men: enlarged nipples and breasts, testicle reduction, enlarged prostate, and baldness.

Possible Health Risks of Use/Abuse: High blood pressure; liver and kidney damage; heart disease; increased risk of injury to ligaments and tendons; bowel and urinary problems; gallstones and kidney stones; and liver cancer. For men: impotence, sterility and prostate cancer. For women: menstrual problems and sterility. For users who share or use non-sterile needles to inject steroids; hepatitis, tetanus, tuberculosis and HIV/AIDS.

Hallucinogens

Possible Signs of Use/Abuse: Dilated pupils; increased body temperature, heart rate, and blood pressure; sweating; loss of appetite; sleeplessness; dry mouth; tremors; hallucinations; disorientation; confusion, paranoia, violence; euphoria; anxiety; panic, and distorted perception of time, space and reality.

Possible Health Risks of Use/Abuse: Liver damage, convulsions; addiction with sever withdrawal symptoms; coma; death due to overdose.

Narcotics

Possible Signs of Use/Abuse: Euphoria, restlessness and lack of motivation; drowsiness; lethargy, decreased pulse rate; constricted pupils; flushing (skin appears to be reddish); constipation; nausea and vomiting; needle marks on extremities; skin abscesses at injection; shallow breathing; watery eyes; and itching.

Possible Health Risks of Use/Abuse: Pulmonary edema; respiratory arrest; convulsions; addiction; coma; death due to overdose. For users who share or use unsterile needles to inject narcotics: tetanus, hepatitis, tuberculosis and HIV/AIDS.

Stimulants

Possible Signs of Use/Abuse: Increased alertness; excessive activity; agitation; euphoria; excitability; increased pulse rate; blood pressure and body temperature; insomnia, loss of appetite; sweating; dry mouth and lips; bad breath; disorientation; apathy; hallucinations; irritability; and nervousness.

Possible Health Risks of Use/Abuse: Headaches; depression; malnutrition; hypertension; psychosis; cardiac arrest; damage to the brain and lungs; convulsions; coma; death.

E. Federal Laws and Penalties

See Title 21 USC Controlled Substance Act (Chapter II – Drug Enforcement Administration, Department of Justice)

Note: Exceptions to state and federal criminal laws are provided for the religious use of peyote by American Indians as part of the Native American Church. See the American Indian Religious Freedom Act, 42 U.S. Code § 1996 and the 1994 Amendment on Peyote Use 42 U.S. Code §1996a.

F. Minnesota Laws and Penalties

Note: Exceptions to state and federal criminal laws are provided for the religious use of peyote by American Indians as part of the Native American Church. See the American Indian Religious Freedom Act, 42 U.S. Code § 1996 and the 1994 Amendment on Peyote Use 42 U.S. Code §1996a.

Examples of Minnesota Drug Laws and Penalties

Note: Fines and sentences may be higher than stated in the examples below. Check statutes for updated information.

Minn. Stat. §152.021 Controlled Substance Crime in the First Degree (various sections amended by laws passed during the 2023 Regular Session)

Minn. Stat. §152.022 Controlled Substance Crime in the Second Degree (various sections amended by laws passed during the 2023 Regular Session)

Minn. Stat. §152.023 Controlled Substance Crime in Third Degree (various sections amended by laws passed during the 2023 Regular Session)

Minn. Stat. §152.024 Controlled Substance Crime in the Fourth Degree (various sections amended by laws passed during the 2023 Regular Session)

Minn. Stat. §152.025 Controlled Substance Crime in the Fourth Degree (various sections amended by laws passed during the 2023 Regular Session)

Examples of Minnesota Alcohol Laws and Penalties

Driving While Impaired:

1st degree driving while impaired, Minn. Stat. §169A.24

2d degree driving while impaired, Minn. Stat. §169A.25

3d degree driving while impaired, Minn. Stat. §169A.26

4th degree driving while impaired, Minn. Stat. §169A.27

Possession by Persons Under 21:

Minn. Stat. §340A.503

Minn. Stat. §340A.703

Furnishing Alcohol to Persons Under 21:

Minn. Stat. §340A.503

City of St. Paul Ordinances:

II. Alcohol Use

The use of alcoholic beverages on campus is prohibited. Exceptions may be approved for law school-sponsored activities such as receptions and other special events. When an exception is approved, such beverages are limited to wine and beer, and non-alcoholic beverages also must be available. All requests for exceptions must have a campus sponsor (staff or faculty member) and be approved in writing by the Vice President for Finance and Administration. To begin the process, obtain an approval form in the Finance Office.

Disclaimer

Mitchell Hamline policies are for informational purposes and to set expectations and do not constitute a contract, either express or implied, with any employee, student, or third party. Subject to applicable law, Mitchell Hamline reserves the right to amend, modify, or terminate any of the policies or procedures described herein, in whole or in part, at any time, with or without prior notice, at its sole discretion. Mitchell Hamline also may choose not to apply a policy in certain circumstances if it determines a different course of action is more appropriate.