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Alcohol and Illegal Substance Policies

Alcohol and Illegal Substance Policies

ALCOHOL, TOBACCO, AND ILLEGAL DRUGS

Abuse of, and addiction to, alcohol and drugs is extremely harmful to people’s health and relationships, and intoxication breeds irresponsible behavior toward others. 

Malone prohibits:

  • The possession, use, distribution, purchase, or sale of illegal or unauthorized drugs or controlled substances, or being under the influence of any such substance. Drug-related paraphernalia is also prohibited.
  • Using, or being under the influence of, alcohol while on Malone property, while conducting Malone business, while engaging in Malone-related activities, or while operating or riding in any vehicle owned or supplied by Malone. Malone officials may conduct drug and/or alcohol testing of students without prior notice. For further details, refer to the Malone University “Substance Use and Abuse Policy for Employees and Students.” (Appendix B)
  • Malone discourages the use of tobacco or alcoholic beverages for all members of the Malone Community.
  • Malone prohibits the use of tobacco, e-cigarettes, nicotine-related devices or electronic nicotine delivery systems (ENDS). This includes, but is not limited to, vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e-cigarettes or e-cigs), and e-pipes for all members of the Malone Community while on Malone property.
  • Malone prohibits all marijuana use, including medical marijuana, and provides sanctions for its use.  Medical marijuana which is prescribed for healing purposes is prohibited at Malone University even though there may be state laws which permit its use. Malone University receives federal funding through Title IV in the form of student financial aid (grants, loans, and work-study programs) and through federal research grants. As a condition of accepting this money, Malone University is required to certify that it complies with the Drug-Free Schools, and Communities Act (DFSCA) (20 U.S.C. 1145g part 86 of the Drug and Alcohol Abuse Prevention Regulations). The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. A 811) which does not recognize the difference between medical and recreational use of marijuana. Thus to comply with the Federal Drug-Free School and Communities Act and avoid losing federal funding, Malone prohibits the use of medical marijuana.

ALCOHOL AND DRUG ABUSE PREVENTION PROGRAM

The Malone Alcohol/Drug Abuse Prevention Program currently consists of a referral system, which is applicable to all facets of Malone. Students, faculty, and staff are encouraged and expected to take appropriate action to assist individuals who use or abuse alcohol, drugs, or other controlled substances, or who have dependency problems with such substances.

Members of the Malone community have access to local resources and are encouraged to use them as referrals. Opportunities include the Health Center, the Counseling Center, community public service agencies, and privately owned practices within the vicinity. 

Any student needing more information can contact a member of the Student Development staff.

POLICY ON SOCIAL LIABILITY (HOSTING GATHERINGS WHERE UNDERAGE CONSUMPTION TAKES PLACE)

No person who is the owner or occupant of any public or private space (including, but is not limited to: residence hall room, off-campus house or apartment, hotel room, cabin, campground) shall knowingly allow any underage person to remain in that space while possessing or consuming alcohol or illegal controlled substance. 

With this mind, Malone reserves the right to sanction students who host gatherings, on or off campus (up to dismissal) where underage drinking takes place.

POLICY ON DRUG AND ALCOHOL TESTING

In keeping with the Drug-Free Workplace Act of 1988, and the Drug-Free Schools and Communities Act Amendment of 1989, the unlawful manufacture, distribution, possession or use of a controlled substance is strictly prohibited within the bounds of the Malone campus or any properties leased or controlled by Malone, as well as at any Malone-sponsored activities or events. Malone officials reserve the right to conduct drug and/or alcohol testing of students where reasonable suspicion exists. If a student’s drug and/or alcohol test results are positive, the student is responsible for the cost of the test.

Drug and/or alcohol tests are conducted without notice in order to ensure accurate testing. Any student may be drug or alcohol tested at any time in order to support Malone’s drug-free policy. If a student refuses to submit, fully and honestly, to either of these tests, or to sign a release of information form, Malone assumes the student is admitting responsibility for a violation and proceeds accordingly. Any student refusing to take a drug test, or otherwise interfering or failing to cooperate with any such test, is held responsible for the violation of Malone’s policy regarding illegal drugs and is suspended immediately. Likewise, any student refusing to take a breathalyzer test is responsible for the violation of intoxication and will likely be suspended. 

Positive tests are considered conclusive evidence that a student was in an environment where the prohibited drug or alcohol activity occurred and/or participated in such activity. Challenges to a positive drug test based on “second-hand smoke,” or similar arguments, are therefore not valid.