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180.025 Parental Notification of Alcohol and Controlled Substances Violations

Bd. Min. 3-22-01; Bd. Min. 7-19-01.

  1. Purpose
    1. The purpose of this regulation is to set forth the guidelines for parental notification of alcohol and controlled substance violations of students under the age twenty-one as permitted by the Warner Amendment to the Higher Education Act of 1998, to the extent that such notification is permitted by federal and Missouri law.
    2. The University supports the theory that students, parent(s) or legal guardian(s), and the University are partners with responsibilities for the promotion of a healthy and positive educational experience for students. University disciplinary policies and procedures are designed to promote an environment conducive to student learning and growth while protecting the University community.
  2. Pre-Notification
    1. It is the belief of the University that students benefit from discussions with their parent(s) or legal guardian(s) about the effects of alcohol or use of controlled substances including the effect of the use of alcohol or controlled substances on their educational experience.
    2. Prior to the fall semester, materials concerning the consequences of high risk drinking and the use of controlled substances will be sent to parent(s) or legal guardian(s), and they will be encouraged to discuss the information with their son or daughter. This information will be sent to parent(s) or legal guardian(s), as indicated by students in their data file, of degree seeking students and students admitted to the University for which we have necessary information, including provisionally admitted students, under the age of 21.
    3. This information will also contain a description of the parental notification policy and the conditions of notification. Parent(s) or legal guardian(s) will be given the opportunity to decline participation in the parental notification program. This information will be sent to parent(s) or legal guardian(s) only once and it is the responsibility of the parent(s) or legal guardian(s) to contact the University regarding any change of intent or changes in address or telephone number.
  3. Notification
    1. The University may notify only parent(s) or legal guardian(s) who have not declined to participate in the parental notification program under the following conditions:
      (a) if the student is under 21 years of age at the time of disclosure; and
      (b) when the student has been determined under the Rules of Procedures in Student Conduct Matters, §200.020 of the Collected Rules and Regulations of the University of Missouri to have violated the student conduct code concerning alcohol or controlled substances on campus including operating a vehicle on University property, or on streets or roadways adjacent to and abutting a campus, under the influence of alcohol or a controlled substance as prohibited by law of the state of Missouri as stated in §200.010 B.8; and
      (c) the violation is an initial severe, second or a subsequent violation of the student conduct code concerning alcohol or controlled substances. An initial severe offense is one that, in the opinion and discretion of the individual designated under paragraph 3 below, endangers self, or others, or that may result in the potential loss of campus housing privileges, or have an impact on student status.
      (d) the University reserves the right not to notify parent(s) or legal guardian(s) even though the above conditions are satisfied, upon the written recommendation of a health care provider who determines that such notification would not be in the best interest of the student and would be detrimental to the student's health, safety or welfare. Married students and students who demonstrate that they are financially independent of their parent(s) or legal guardian(s), are exempt from notification conditions above.
    2. The student, in order to have the first opportunity to notify the student's parent(s) or legal guardian(s), will be granted a period of 48 hours after the determination to notify parent(s) or legal guardian(s) concerning the violation prior to the University issuing a notification to the parent(s) or legal guardian(s).
    3. While the University may notify parent(s) or legal guardian(s) that a violation has occurred, it will not discuss the violation with parent(s) or legal guardian(s) without the student's written consent.
    4. The Chancellor of each campus will designate an individual on the Chancellor's campus who is responsible for the notification of parent(s) or legal guardian(s) under the conditions described above. This individual will notify parent(s) or legal guardian(s) in writing after the determination concerning the violation has been made. The letter will include a statement indicating that the violation has occurred and that unless the student signs a release, any further information must be disclosed by the student. The letter will be sent by certified mail.
    5. Nothing in this rule precludes the University from notifying parent(s) or legal guardian(s) under the emergency provisions outlined in Section 180.020.
  4. Effective Date -- This policy on parental notification will begin August 6, 2001.

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