Alcohol and Drug Policies
The Code of Conduct at Montana State is guided by, but not limited to, the following:
- Fostering a healthy, safe and productive campus and community;
- Promoting moral and ethical development;
- Abiding by city, state and federal laws.
The University's alcohol and drug policies echo the aforementioned principles. And, as a federally-funded institution, we must adhere to all federal laws when it comes to alcohol and drug use or distribution. This holds true for marijuana as well. Using or distributing marijuana on or off campus is a violation of our code of conduct even if a student has a medical card or comes from a state in which marijuana is legal or has been decriminalized.
As noted, the University's alcohol and drug policies apply off campus. Using drugs and/or alcohol and returning to your residence hall in a disruptive fashion- either via odor, noise, destruction, etc- can lead to residence life policy and alcohol or drug policy violations. Remember, not everyone wants to hear or smell you.
Code of Conduct
Alcohol - Illegal Use: Use or possession of intoxicants, including alcohol, in the buildings or on the grounds of Montana State University except as expressly permitted by law or University policy.
Alcohol Distribution: Distribution of intoxicants, including alcohol, in the buildings or on the grounds of Montana State University except as expressly permitted by law or University policy.
Drugs - Illegal Use: Use, possession, manufacture, distribution or sale of narcotics or dangerous drugs as defined by city, state or federal laws. This includes mind-altering drugs, designer drugs or synthetic substances used as a substitute for a controlled substance, except as expressly permitted by law or University policy. This also includes the abuse, distribution or improper use of prescription drugs.
Drugs Distribution: Manufacture, distribution or sale of narcotics or dangerous drugs, except as expressly permitted by law or University policy.
Montana Medical Amnesty
(11) (a) A person under 21 years of age may not be charged or prosecuted under subsection
(i) the person has consumed an intoxicating substance and seeks medical treatment at a health care facility or contacts law enforcement personnel or an emergency medical service provider for the purpose of seeking medical treatment;
(ii) the person accompanies another person under 21 years of age who has consumed an intoxicating substance and seeks medical treatment at a health care facility or contacts law enforcement personnel or an emergency medical service provider for the purpose of seeking medical treatment for the other person; or
(iii) the person requires medical treatment as a result of consuming an intoxicating substance and evidence of a violation of this section is obtained during the course of seeking or receiving medical treatment.
(b) For purposes of this subsection (11), the following definitions apply:
(i) "Health care facility" means a facility or entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.
(ii) "Medical treatment" means medical treatment provided by an emergency medical service or health care facility. (See compiler's comments for contingent termination of certain text.)"
Dean of Students' Stance
We strongly encourage students to seek help for themselves or friends if you/they are in need.
If a student accepts responsibility through an administrative agreement or is found responsible through a formal hearing for additional violations stemming from the same incident involving alcohol or drugs, other sanctions may be proposed or applied. Specifically, if disruption accompanies alcohol or drug cases, additional sanctions may be discussed/proposed. These can include community service, residence hall probation or removal, conduct probation, peer mentoring, etc. Or if disruption related to the smell of alcohol and/or drugs in the residence halls is the sole violation, any or all of the same sanctions may apply.
When considering outcomes for alcohol or drug violations, all cases are contextualized. For instance, not all violations are resolved exactly the same way. There are obvious variables that could impact the outcomes listed below, including level of intoxication, the intoxicant, etc.
If you have been cited or arrested for an alcohol or drug-related law violation, the conduct officer may allow court-ordered sanctions to substitute for University sanctions. This is especially relevant to alcohol and drug education classes and community service.
Recommended Sanctions for a first violation of an alcohol or drug policy are a University Warning and the completion of an Alcohol/Drug Education course.
Recommended Sanctions for a second violation are conduct probation/residence hall probation or relocation and/or an additional level of Alcohol or Drug Education.
Recommended Sanctions for a third violation are conduct suspension, housing removal and/or additional Alcohol or Drug Education, including a substance abuse assessment.