Harsher Punishments for Marijuana Offenders

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Author: Haley Gray

The Dean of Students Office enacted an unofficial change in the College’s disciplinary approach to marijuana offenses this semester. Students are now more likely than they have been in the past to be placed on probation if caught in the presence of marijuana. This new practice comes without any change to Occidental’s written Drug and Alcohol policy.

Residential Advisers (RAs) first made the announcement at hall spreads a few weeks ago, saying that the penalties for marijuana offenses will be harsher than in the past. Many students understood the RA announcement to mean automatic probation for marijuana offenses. However, the administration claims that all violations will still be addressed on a case by case basis.

“The range of sanctions still applies: warning, censure, probation, suspension, permanent separation,” Emily Harris, Assistant Dean and Director of Student Advocacy and Accountability, said. However, both Dean Harris and Assistant Director of Residential Education Juls White confirm that the College is more likely to lean toward probation for marijuana-related offenses.

According to Harris, the change in policy resulted from a meeting of a student focus group, who claimed that the smell of marijuana in residence halls had made them sick. The students expressed concerns about difficulties sleeping and studying.

After the new practice was adopted, White and Dean Harris decided that the most effective way to inform students of the change was through RA announcements at hall spreads. However, many students remain confused as to what the policy actually is.

“I thought it was ineffective that the only way they told people was through hallspread, so things only spread through word of mouth,” an anonymous student said.

After getting official briefings on the new sanction guidelines, some RAs told their residents that all students found responsible for marijuana-related offenses will automatically receive disciplinary probation under the new protocols, which is not the policy as stated by the administration.

One e-mail from an RA to his residents read, “As of last week the upper levels of administration finalized the new policy. What has changed is the sanctions for a violation. If you are found responsible for possession or use of marijuana, you are automatically put on probation. A second offense will almost definitely result in suspension.”

Another RA, who wishes to remain anonymous, also understood the new change to mean automatic probation.

“RAs heard it from their GHCs [Graduate Hall Coordinators], so some people may have heard it differently than others. The way I interpreted it is that if students get caught smoking weed they will be on probation,” the RA said.
The policy as described by the administration differs from that as described by the RAs. If the policy as described by the RAs is accurate, it raises legal questions.
Automatically handing down probation for any marijuana offense would violate Section 19 of the student code of conduct, which guarantees that sanctions will be determined only after taking individual circumstances into account.
“Significant mitigating or aggravating factors shall be considered when sanctions are imposed, including the present demeanor and past conduct record of the student,” section 19 of the code states.
Many courts have ruled that when colleges have students sign a code of conduct they create a contract between student and college. An institution can be held liable when it breaches that contract.
For example, in “Fellheimer vs. Middlebury College,” a U.S. District Court ordered Middlebury College to clear the disciplinary record of a student after it convicted him for an offense without ever notifying the student that he was accused of that violation, contrary to policy contained in the student handbook.
Administrators said that the discrepancy stemmed from the message getting distorted as it spread by word of mouth.
Many students are concerned with other implications of this new protocol besides those of the legal nature. A group of students, who wish to remain anonymous, are writing a letter to the administration that argues against the new policy.
The letter’s main theme is that the punishment outweighs the crime. “These are not minor punishments; these are things that can ruin students’ lives,” it says.
The students also argue that this new policy places an unfair burden upon RAs.
“Imagine having to decide whether to write someone up, potentially ruining their college life and future, or losing your job and being unable to pay for your education. That is what the new marijuana policy does to RAs,” the letter states.
While the administration did listen to students in crafting the policy, the writers summarize the letter by asking for further collaboration.
“Please reconsider the new marijuana policy and start an on-campus dialogue. Clearly this is an important issue and one that must be discussed by our robust community,” it says. “Hopefully we, as a community, can make Occidental a greater and more fulfilling experience for everyone,” the letter ends.

 

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