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).
6.9.1