37 NSU STUDENT HANDBOOK 2022-23 NORTHERN STATE UNIVERSITY’S PHILOSOPHY AND POLICY CONCERNING ALCOHOL AND OTHER DRUGS I. Statement of Philosophy Northern State University, in keeping with its institutional commitment to provide a quality educational experience for its students, discourages high-risk behavior with regard to the use of alcohol and other drugs. Northern State University prohibits the possession of alcohol on University property or at studentsponsored events. Furthermore, Northern State University cannot and will not tolerate the use, possession, manufacture, or distribution of illegal drugs on University property or as part of any University activities. Northern State University recognizes explicitly that students are adults, which means they are expected to obey the law and take personal responsibility for their conduct. Individuals make the choice to use -- or not use -- alcohol and other drugs, but group dynamics and group influences play a particularly important role in the university setting. Throughout the United States, both long-standing traditions and current attitudes create the potential for the abuse of alcohol and other drugs. Northern State University is therefore committed to supporting and encouraging the development of positive activities for all students. The Alcohol and Other Drugs Policy of Northern State University is established to help ensure the health and safety of all members of the University community, and should be applied in such manner and spirit. It is not the intention of Northern State University to use this or any other policy to regulate the personal affairs of any individual or group of individuals. II. Definition of Terms A. Alcohol – In the context of this policy, the terms “alcohol” and “alcoholic beverage” are defined to be any consumed or consumable beverage that has alcohol content. This would include, but not be limited to, all forms of beer, wine, wine coolers, and distilled beverages. Empty alcoholic beverage containers also constitute the presence of alcohol and will be treated as such. B. Illegal Drug – in the context of this policy, the term “illegal drug” is defined to be any substance whose distribution is somehow controlled or restricted by federal or state law which is not obtained through the legal prescription of a licensed medical professional. This includes, but is not limited to, all drugs classified by the Drug Enforcement Agency as a Schedule I – V drug. It should be noted that alcohol is considered an illegal drug for those persons under the age of twenty-one (21). III. State and Federal Laws Northern State University holds its faculty, staff, and students responsible for the observance of state and federal laws with respect to the use of alcohol and other drugs. A. State Alcohol Laws Applicable South Dakota alcohol laws can be found in Title 35, Chapter 9 of the South Dakota Codified Laws. They include, but are not limited to, the following: 35-9-1. Furnishing of beverage to child as misdemeanor — Exceptions. It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen (18) years unless: (1) It is done in the immediate presence of a parent or guardian or spouse, who is at least twenty-one (21) years of age, while not on the premises of an establishment licensed for the retail sale of alcoholic beverages pursuant to § 35-4-2 or at a
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