Policy:

Problems related to the use of alcoholic beverages and controlled substances lead to a loss of individual effectiveness and may interfere with the educational process. Clarkson College reaffirms its position of serious concern about and in opposition to the abuse of alcoholic beverages and use of controlled substances. Clarkson College complies with the Drug-Free School and Communities Act Amendments of 1989 and its implementing regulations in the Department of Education General Administrative Regulations (EDGAR), 34 C.F.R. Part 86 (Part 86), mandating that colleges and universities: 1) annually distribute specified drug and alcohol prevention information to students and employees (“annual notification”), and 2) conduct a biennial review of their drug and alcohol prevention programs.

Clarkson College strongly encourages members of the College community to participate in drug and alcohol abuse education, prevention, and treatment programs when appropriate. These programs help assure that Clarkson College complies with all applicable federal, state, and local statutes, regulations, and ordinances. More importantly, these programs provide members of the College community with useful and effective resources to avoid problems related to using alcoholic beverages and controlled substances.

Clarkson College does not accept responsibility for the conduct of individuals while they are off campus and not participating in a College activity; however, members of the College community may be held accountable for their conduct that could adversely affect the College or other members of the community. Likewise, the College realizes it cannot regulate the sale of alcoholic beverages by off-campus businesses. Nevertheless, the College may hold members of the College community accountable if they illegally use, obtain, or abuse alcohol in a manner that could adversely affect the College or other members of the community.

Procedure:

The following rules apply to members of the College community regarding drugs and alcohol:

• Any currently enrolled student may be required to complete a drug/alcohol test.
• The possession/use, sale, and/or sharing of alcohol or illegal drugs on campus property, at College sanctioned events, or while performing academic or work duties is strictly prohibited, as is being under the influence of alcohol, illegal drugs, or any product or substance that produces a psychoactive or mind/mood-altering effect that may adversely affect an individual’s judgment. For purposes of this policy, “illegal drugs” are defined to include prescription drugs used in a manner inconsistent with the prescriber’s orders, over-the-counter drugs used in a manner inconsistent with the manufacturer’s directions, and cannabis or hemp products (including marijuana and other products containing THC, no matter the amount, such as laced gummies and Delta 8, 9, 10, etc.) whether “legal” or not.
• Clarkson College will cooperate fully with state and federal law enforcement officials in the enforcement administration of all state and federal laws pertaining to the possession, use, sale, and distribution of illicit substances.
• Possession by minors is a misdemeanor criminal violation of Neb. Rev. Statute 53-180.02 and is punishable by three (3) months imprisonment, a $500.00 fine, or both. All offenses regarding possession of drugs and/or alcohol will also be subject to the disciplinary procedures set forth by the College.
• The procurement of alcoholic beverages for minors violates College policy. The procurement of alcohol for minors is a misdemeanor criminal violation of Neb. Rev. Statute 53-180 and is punishable by a maximum of one-year imprisonment, a $1,000.00 fine, or both. All offenses regarding the procurement of alcohol for minors will also be subject to the disciplinary procedures set forth by the College.
• No alcohol shall be served at any event sponsored by the College or a recognized Clarkson College organization unless the alcohol is provided by a licensed, independent vendor to persons of legal age.
• No College organization will be permitted to use organizational funds for the purchase of alcohol.
• Guests are bound by this policy to the same extent as students and employees. Members of the College community and their guests will be held responsible for their behavior and any personal injury or property damage that occurs while under the influence of alcohol and/or other drugs. Violators will be asked to leave campus and/or be referred to local authorities.
• There will be absolutely no posted advertisement for alcoholic beverages in any College publication, private or public area.
• The Vice President of Administrative Services, the Director of Facilities, the Residence Hall Coordinator, or any Student Services counselor may notify parents or law enforcement of violations. Notification to law enforcement must occur if it is reasonably believed the student is a danger to themselves or someone else or is in danger of jeopardizing their academic career.

Violation of the Student Welfare Drug and Alcohol Policy

The consequences of violating this policy will vary according to the circumstances surrounding the violation. Thus, each of the following categories of violations is set forth below.

Students requiring drug/alcohol testing for their academic program requirements will be given instructions on completing this testing. All testing expenses are the responsibility of the student. If the results are negative, the student will proceed academically.

Remedies for Student Welfare Drug and Alcohol Policy Violations

First Offense - If the student tests positive for alcohol, any illegal drug, or any product or substance in violation of College or clinic site policy, the student:

• Will be immediately administratively withdrawn from all laboratory/clinical/practicum courses but may be allowed to remain in theory classes (without co-requisite clinical courses) while undergoing required drug/alcohol treatment according to program requirements.
• Must meet with a College-approved counselor and successfully complete the prescribed treatment plan.
• Will be allowed to continue in current and enroll in future laboratory/clinical/practicum courses, if the student is complying with their treatment plan and deemed as safe to return to clinical practice by a College-approved counselor
  1. College counselor will complete the Approval Form: Student Return to Course (Appendix A)
• Will be subject to random interval or scheduled interval drug/alcohol testing with or without reasonable cause, for as long as the student is enrolled at the College.
• May be ineligible to continue in the program of study if clinical agency placement is not possible due to the student’s positive drug test history.
• May be administratively withdrawn from the College if the student does not comply with the treatment plan set forth by the College-approved counselor or refuses subsequent drug and/or alcohol testing or has a second positive drug test.

Second Offense - Dismissal from the College and forfeiture of any Clarkson College scholarships.

If a positive result is due to a legally prescribed medication:

• The student must have the form signed by the prescribing health care provider stating he/she is prescribed that medication. (Appendix B, Prescribing Health Care Provider Report)
• The medication will be approved/disapproved by the counselor and/or College designee within three (3) business days after learning of the student’s use of the prescribed medication.
• If the medication is not approved by the College designee, it will be viewed as a positive drug screen.
• The student will not be allowed to participate in a clinical setting until the proof of treatment process is completed.

Medical Amnesty

A Clarkson College student seeking emergency medical attention for themself or for another person due to alcohol or drug consumption will not be charged with violation(s) of the Clarkson College Drug and Alcohol policy as long as the student fully cooperates with the authorities involved and complies with any required formal drug and alcohol evaluation and treatment recommendations. The evaluation will be conducted at the student’s expense. Failure to fully cooperate will invalidate the medical amnesty, and standard disciplinary action will be taken. Further, medical amnesty does not protect students from disciplinary action who are found to violate other College policies, such as destruction of property, assault, and/or theft. Medical amnesty will not be abused. Should a student who invokes medical amnesty have a subsequent drug or alcohol experience requiring emergency medical attention, he/she may be excluded from medical amnesty and be subject to disciplinary action.

Nebraska law outlines provisions for the reporting of persons who may be affected by acute alcohol poisoning due to severe intoxication. In such circumstances, these provisions allow the person to report him/herself or another person to the authorities and be granted immunity from prosecution. The reporter must remain on the scene and fully cooperate with medical assistance and law enforcement personnel. Amnesty is not provided for drug-related offenses.

On-Campus Testing

If the student is on campus (Nebraska Medicine/UNMC/Clarkson College):

1. The faculty/staff will immediately notify UNMC Public Safety at (402) 559-5111 and the Program Director or designee with location information.
2. UNMC Public Safety will remove the student from the class/area, take them to a private setting on Clarkson College’s 6th floor of the main building, and wait for further assessment.
3. UNMC Public Safety will contact ARCpoint Labs at 402-505-9191 to notify them of the site and contact person.
4. ARCpoint Labs will come directly to the site to complete the testing. Upon arrival, ARCpoint Labs will call the contact phone number for the student’s location.
5. The faculty/staff will complete the checklist (Appendix C) for making a reasonable cause determination.
6. After testing, UNMC Public Safety will direct the student to contact a family member/friend for transportation to be removed from the site. If needed, UNMC Public Safety will arrange a taxi service for the student (Appendix D). Taxi expenses will be the responsibility of the student.
7. The faculty/staff will discuss the checklist with the Program Director or designee within one business day.
8. The faculty/staff will also schedule a debriefing with the Vice President of Administrative Services/Vice President of Academic Affairs/Program Director/BIT member the next business day.
9. Students who refuse testing or fail to comply with any step in the processes above will be considered to have tested positive.
10. The student will be billed and responsible for testing costs, including transportation.
11. The student will not be allowed to return to the clinical agency until the test results are confirmed.
12. If the student appears to be a threat to self or others:
    • Contact law enforcement immediately by calling 911.

Off-Campus Testing

If the student is at an off-campus/non-Nebraska Medicine/UNMC/Clarkson College Campus/clinical site or other College approved activity:

1. Person/s who suspect the student is under the influence will remove the student from any activity and arrange for student oversight based on the clinical/facility policy. The student is to remain in that location until testing is completed unless the clinical agency policy/procedure is to follow another process. Please consult in advance with the clinical agency to determine how to address the situation.
2. Person/s who suspect the student is under the influence will contact the Program Director or designee to report suspected student impairment and provide the following information: name and contact phone number of the person reporting the incident, clinical agency location (include full address for the clinical agency and department), student name and program.
3. The Program Director or designee will contact ARCpoint Labs at (402) 505-9191 and notify them of the site and contact person.
4. Upon arrival, ARCpoint Labs will call the contact phone number provided by the Program Director or designee for the student’s location and follow onsite testing procedures.
   1. Note – If a site is located outside a 50-mile radius of the Omaha, Nebraska, metro area, ARCpoint Labs will exhaust all options to locate one of their 130+ national locations and/or a third-party testing site to administer an on-site test. However, if a site and/or tester is not available, the following steps must occur:
      • The Program Director or designee will contact law enforcement immediately by calling 911.
      • The Program Director or designee will contact the Vice President of Administrative Services.
      • The student will pay for all costs associated with the testing, including transportation costs, if applicable.
   2. The Program Director or designee will complete the Checklist (Appendix D) for Reasonable Cause Determination and submit this to the Vice President of Academic Affairs and Vice President of Administrative Services by the next business day.
   3. After testing, the person/s who suspect the student is under the influence will direct the student to contact a family member/friend for transportation to be removed from the site. If needed, a transportation service for the student will be arranged. Transportation expenses will be the responsibility of the student. Note – if transportation is unavailable to the student, the Program Director or designee will contact law enforcement immediately by calling 911.
   4. Students who refuse testing or fail to comply with any step in the processes above will be considered to have tested positive.
   5. The student will not be allowed to return to the clinical agency until the test results are confirmed.
      1. ARCpoint Labs will send a secure email of the testing results to the Clinical Compliance Office.
      2. Clinical Compliance will notify the Program Director of the testing results for the next steps.
   6. If the student appears to be a threat to self or others:

• Contact law enforcement immediately by calling 911.

Drug testing on minors may need parental or guardian consent. If consent is not timely obtained, the minor student will be treated as though they tested positive.

Student confidentiality of all information will be maintained.