WEAPONS ON CAMPUS

Students are not permitted to carry, possess, use, store, distribute, transfer, or transport a weapon on any school property, vehicle, or premises, except as explicitly stated in Policy MTC 1033. Students in violation of this policy may be subject to sanctions in accordance to Mitchell Tech’s Non-academic Probation, Suspension, and Expulsion policy. (See Policy MTC 1036.)

SMOKING/TOBACCO USE/VAPING

Mitchell Tech is a tobacco and vape free campus in all buildings, building interior and exterior entrances, and Mitchell Tech vehicles. Outside designated smoking areas are provided throughout campus. These are the only locations where tobacco, smoking, or vaping is permitted. Disciplinary action may result for students who do not follow this regulation. (See Policy MTC 518.)

DRUG AND ALCOHOL CONDUCT GUIDELINES

Mitchell Tech is a Drug-Free Workplace. It is the goal of Mitchell Tech to provide a drug and alcohol-free environment. Mitchell Tech students shall not be involved with the use, possession, or sale of drugs, alcohol, or any controlled substances including THC infused, food, drinks, or other substances and cannabis used or possessed for medical purposes in any manner that may impair any person’s ability to perform assigned tasks or otherwise adversely impact their behavior. Furthermore, no student shall possess the previously mentioned substances in the workplace, classroom, laboratory, vehicle, or at any intramural sports event, class trip, or campus function or consume alcoholic beverages in association with said places during working, classroom, laboratory, or vehicle operating hours or at any time prior to performing safety-sensitive functions which may impair that person’s ability to perform their duties.

It is the policy of the Mitchell Tech that the unlawful manufacture, distribution, dispensation, possession, use, or being under the influence of a controlled or prohibited substance on property of Mitchell Tech or while a student of Mitchell Tech is engaged in an activity assigned as part of his/her involvement with Mitchell Tech is prohibited unless said controlled substance is used as prescribed by a doctor. A description of applicable legal sanctions is listed in Policy MTC 1035. For purposes of this section, a prescription does not include a written certification for use of medical marijuana, pursuant to SDCL 34-20G-1(23). Students who use medical marijuana pursuant to a validly issued written certification when not on property controlled by the College may subsequently report to class or participate in activities as long as such use does not cause impairment or disrupt academic or campus activities.

Financial aid may be affected if violations occur. Students convicted of the possession of illegal drugs while receiving Title IV financial aid may have their financial aid suspended for one year. If a student is convicted of selling drugs, they may have their financial aid eligibility suspended for two years. Additional convictions will add at least two years to the above suspensions.

These guidelines will be interpreted, administered, and amended by Mitchell Tech as necessary within its discretion.

Consequences of Possessing or Consuming Alcohol on Campus or at Off-campus Mitchell Tech Sponsored Events:

Alcohol offenses at Mitchell Tech are cumulative during a student’s enrollment.

First offense:

The student will successfully complete the first available Choices Diversion Training at their own expense to help the student evaluate current choices surrounding alcohol use.
The student will pay for the training or complete ten hours of on-campus service.
The student’s afterhours access to the Student Lounge and attendance at Mitchell Tech sponsored events will be suspended until the course and payment/campus service are completed.
If the student refuses to complete the program, pay for the course, or complete ten hours of on-campus service, additional penalties will be enforced.

Second Offense:

The student will complete AlcoholEdu for Sanctions to help the student evaluate his or her current choices related to alcohol by the assigned deadline with a score of 90% or greater. Mitchell Tech may choose to administer an online evaluation similar to AlcoholEdu for Sanctions with similar deadline and score requirements.
The student will successfully complete the first available Choices Diversion Training at their own expense to help the student evaluate current choices surrounding alcohol use.
The student will pay for the online course and the diversion program or complete twenty hours of on-campus service.
The student’s afterhours access to the Student Lounge and attendance at Mitchell Tech SRB sponsored events will be suspended indefinitely. Participation in school sponsored organizations (including Rodeo) will be determined on a case-by-case basis.
If the student refuses to complete the online program, pay for the online course, or complete twenty hours of on campus service, additional penalties will be enforced.

Third offense:

The student will be withdrawn from Mitchell Tech and placed on non-academic suspension indefinitely.

Reasonable Suspicion

Mitchell Tech practices zero tolerance for drug or alcohol use by students while in classrooms, labs, or safety-sensitive areas. When an instructor, supervisor or administrator observes a student with behavior or an appearance that is characteristic of alcohol or drug use, the student will be required to submit to drug or alcohol testing. The student will be immediately suspended from school until test results are received. The College is responsible for the cost of this test.

Positive Test Results after Reasonable Suspicion

A student with a positive test result will meet with the Director of Student Success or designee to determine disciplinary and treatment options that the student must follow in order to be reinstated into school. Mitchell Tech’s intent is to establish a positive environment in which these problems can be addressed locally in a helpful and supportive manner rather than a punitive way.

If a student tests positive for alcohol (0.02 or higher), the student will be removed from classes and taken home. A breath alcohol test administered the following day must be considered negative for alcohol concentration before the student may return to classes. If a student tests positive for alcohol in a subsequent follow-up test, the student will be referred to a substance abuse professional (SAP) and must complete a prescribed treatment plan and follow-up testing in order to remain enrolled in the program at Mitchell Tech. The student can continue to attend classes until such time as they can meet with the SAP as long as they test negative on alcohol tests that will be administered daily. The student is responsible for the cost of the initial referral to a SAP. The student will be responsible for the cost of any follow-up counseling or treatment and any follow-up drug testing.

All positive tests for drug use (refusal to submit to a test or an altered specimen is considered a positive test result) will be reviewed by a medical review officer who is a licensed physician with knowledge of substance abuse disorders. The student will be immediately suspended from school until Mitchell Tech receives results from the review by the medical review officer. The medical review officer will interpret and evaluate the results of each test, along with relevant medical information, including possession of a medical marijuana card, about each student, to determine whether or not a positive test resulted. If the result of the test is positive, the medical review officer will also determine if the student was impaired at the time of the test because of drug use. Students who use medical marijuana pursuant to a validly issued written certification when not on property controlled by the College may subsequently report to class or participate in activities as long as such use does not cause impairment or disrupt academic or campus activities. Cannabidiol (CBD) use is not a legitimate medical explanation for a laboratory-confirmed marijuana or tetrahydrocannabinol (THC) positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if the person being tested states he or she only used a CBD product. The medical review officer will contact the student whose test is positive or whose test has been altered or refused. Mitchell Tech will also be notified of a positive test result.

Based on the medical review officer’s review of a positive drug test, the student will be required to meet with a substance abuse professional (SAP) to determine the counseling or treatment plan the student must follow to remain enrolled at Mitchell Tech. The student would also be subject to unannounced follow-up testing as determined by the SAP in order to remain in classes. The student is responsible for the cost of the initial referral to a SAP. The student will be responsible for the cost of any follow-up counseling or treatment and any follow-up drug testing.

When the student has completed the treatment plan as outlined by the substance abuse professional, the student’s name will be returned to the selection pool for random drug testing as long as the student remains enrolled in the program.

If the results of a positive drug test are confirmed by a medical review officer and are not the result of medication currently prescribed to the student, the student will be dismissed from any zero-tolerance program which currently includes the Power Line Construction & Maintenance and Electrical Utilities & Substation Technology programs. The zero-tolerance policy is consistent with industry standards and is recommended by industry. For purposes of this section, a prescription does not include a written certification for use of medical marijuana, pursuant to SDCL 34-20G-1(23).

Community Alcohol and Drug Resources

AA (Alcoholics Anonymous)
424 E. 9th Ave.
Mitchell, SD 57301
605.996.8264

Dakota Counseling Institute
910 W. Havens
Mitchell, SD 57301
605.996.9686

Stepping Stones
901 S. Miller
Mitchell, SD 57301
605.995.8180

Rules for Programs with Required Drug and Alcohol Testing

Students who are enrolled in programs with required drug and alcohol testing will be subject to pre-screen and random drug testing according to Mitchell Tech administrative rules herein described. These rules will be interpreted, administered, and amended by Mitchell Tech as necessary within its discretion.

PRE-SCREENING REQUIREMENT

Mitchell Tech requires that a pre-screening for controlled substances be administered to all students who are enrolled in programs with required drug and alcohol testing. Mitchell Tech will make arrangements for all students enrolled in these programs to be pre-screened using a urine test during the first ten days of school. The cost of the pre-screen test is included in the students’ fees.

Any student who refuses to submit to the pre-screening test will be dismissed from the program.

RANDOM TESTING

Students enrolled in programs with required drug and alcohol testing will be subjected to random urine drug testing and breath alcohol testing throughout their enrollment in the program. After the pre-screen is conducted, the students’ names will be entered into a selection pool for random testing; the students’ names will remain in the pool while enrolled in the program. Random selection is done without bias and includes all persons whether previously tested or not. All students in the selection pool are subject to repeat testing.

Mitchell Tech has presently contracted with a private entity for random selection and testing. Random selections will be completed each quarter, and an appointed contact person within the College will be notified of the date for random testing. All random testing will be unannounced and reasonably spread throughout the year. Testing will be completed as soon as possible after the student is notified of a pending test. A student will never receive prior notice of the testing date and time. Any medical condition restricting the student’s ability to perform a urine drug test or breath alcohol test must be documented by a medical physician and recorded in that student’s file.

TEST PROCEDURES

Urine specimens will be used to test for drugs using a standard 10-panel drug test. The drug test will look for amphetamines, barbiturates, benzodiazepines, cocaine metabolite, opiates, phencyclidine, methadone, methaqualone, propoxyphene, marijuana metabolite, and creatinine. Specimen collection, handling, and testing procedures will be conducted according to the U.S. Department of Health and Human Services (DHHS) and the National Institute for Drug Abuse (NIDA) guidelines. To ensure the accuracy of drug test results, the College will utilize a third-party laboratory that conforms to DHHS and NIDA guidelines. A breath alcohol test will be used to test for alcohol use.

It is possible that medications prescribed by a medical doctor will be detected in a drug test, however, a medical review officer will verify a valid prescription and fully evaluate the test results to ensure medications are being taken as prescribed.

POSITIVE TEST RESULTS AFTER RANDOM TESTING

If a student tests positive for drug use, the student will be immediately suspended from school until Mitchell Tech receives results from the review by the medical review officer. Based on the medical review officer’s report of a positive drug test, the student will be required to meet with a substance abuse professional (SAP) to determine the counseling or treatment plan the student must follow to remain enrolled at Mitchell Tech. The student would also be subject to unannounced follow-up testing as determined by the SAP in order to remain in classes. The student is responsible for the cost of the initial referral to a SAP. The student will be responsible for the cost of any follow-up counseling or treatment and any follow-up drug testing.

Cannabidiol (CBD) use is not a legitimate medical explanation for a laboratory-confirmed marijuana or tetrahydrocannabinol (THC) positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if the person being tested states he or she only used a CBD product.

All positive tests for drug use (refusal to submit to a test or an altered specimen is considered a positive test result) will be reviewed by a medical review officer who is a licensed physician with knowledge of substance abuse disorders. The medical review officer will interpret and evaluate the results of each test, along with relevant medical information, including possession of a medical marijuana card, about each student, to determine whether or not a positive test resulted. If the result of the test is positive, the medical review officer will also determine if the student was impaired at the time of the test because of drug use. (Students who use medical marijuana pursuant to a validly issued written certification when not on property controlled by the College may subsequently report to class or participate in activities as long as such use does not cause impairment or disrupt academic or campus activities.) The medical review officer will contact the student whose test is positive or whose test has been altered or refused. Mitchell Tech will also be notified of a positive test result.

ZERO TOLERANCE PROGRAMS

The Power Line Construction & Maintenance and Electrical Utilities & Substation Technology programs at Mitchell Tech are zero-tolerance programs regarding a positive drug test. If the results of a positive drug test are confirmed by a medical review officer and are not the result of medication currently prescribed to the student, the student will be dismissed from the program. The zero-tolerance policy is consistent with industry standards and is recommended by industry. For purposes of this section, a prescription does not include a written certification for use of medical marijuana, pursuant to SDCL 34-20G-1(23).

THREATS OF TERRORISM (SOUTH DAKOTA CODIFIED LAW)

22-8-12. Act of Terrorism, Felony: Any person who commits a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to do any of the following:

Intimidate or coerce a civilian population;
Influence the policy or conduct of any government or nation;
Affect the conduct of any government or nation by assassination or kidnaping; or
Substantially impair or interrupt public communications, public transportation, common carriers, public utilities, or other public services;

is guilty of making a terrorist threat. A violation of this section is a Class 5 felony.

22-8-13. Terriorist Threat, Felony: Any person who threatens to commit a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to:

Intimidate or coerce a civilian population;
Influence the policy or conduct of any government or nation;
Affect the conduct of any government or nation; or
Substantially impair or interrupt public communications, public transportation, common carriers, public utilities, or other public services;

is guilty of making a terrorist threat. A violation of this section is a Class 5 felony.

22-14A-26. Persons Convicted of Certain Crimes May Be Ordered to Make Restitution: The court may, after conviction or adjudication of any violation of § 22-11-9.2, 22-14A-24, or 22-14A-25, conduct a hearing to ascertain the extent of costs incurred, damages, and financial loss suffered by local, county, or state public safety agencies, and the amount of property damage caused as a result of the crime. A person found guilty of violating § 22-11-9.2, 22-14A-24, or 22-14A-25, may upon conviction, be ordered to make restitution to the local, county, or state public service agency for any cost incurred, damages, and financial loss or property damage sustained as a result of the commission of the crime.

22-14A-27. No Cause of Action Against Good Faith Response to Terrorist Act: The provisions of § 22-11-9.2, 22-14A-24, or 22-14A-25 may not be construed to create any cause of action against any person based upon or arising out of any act or omission relating to any good faith response to a felonious threat or an attempted felonious threat.