Missouri College requires drug testing to attend

[sactoking]

What difference does this make for the basis of whether or not this is constitutional? Again, it is not a requirement to attend this school and you can attend elsewhere. Having to pass a drug test does not make it unconstitutional, just another entrance requirement. That's like saying a school can't require a GED/HS diploma, or even a certain SAT/ACT score to attend. Requirements suck, when you can't meet them.

I believe the difference is that public institutions can only erect barriers to entry that are germane to the activity. A public institution can elect to use GPA as a barrier to entry in college as it is germane to academic achievement. A public institution cannot use your LDL cholesterol level as a barrier to entry in college.

Those against this policy would equate broad-based drug testing by a public college as akin to using LDL cholesterol (irrelevant) as an entry barrier.

 

[Doppel]

Guess OP won't be getting a degree from Linn State.

I had to pass a drug test for my current employment, was really no big thing because the only drug I do is life. And caffeine, of course.

 

[xBiffx]

I believe the difference is that public institutions can only erect barriers to entry that are germane to the activity. A public institution can elect to use GPA as a barrier to entry in college as it is germane to academic achievement. A public institution cannot use your LDL cholesterol level as a barrier to entry in college.

Those against this policy would equate broad-based drug testing by a public college as akin to using LDL cholesterol (irrelevant) as an entry barrier.

This LDL agrument, as you stated, is irrelevant. Having high LDL, currently (unless the idiots in charge with Obamacare make it illegal, but I digress), is not an illegal act. Using controlled substances, on the other hand, is illegal. Whether your use of controlled substances has any baring on your scholastic ability one way or the other is irrelevant given the fact that it is illegal. It being illegal means they can prevent you from attending simply based on the fact that they don't want criminals attending their institution. This is their right, and it does not infringe and anyone else's right since they still can choose between drugs or higher education in this case.

 

[sactoking]

This LDL agrument, as you stated, is irrelevant. Having high LDL, currently (unless the idiots in charge with Obamacare make it illegal, but I digress), is not an illegal act. Using controlled substances, on the other hand, is illegal. Whether your use of controlled substances has any baring on your scholastic ability one way or the other is irrelevant given the fact that it is illegal. It being illegal means they can prevent you from attending simply based on the fact that they don't want criminals attending their institution. This is their right, and it does not infringe and anyone else's right since they still can choose between drugs or higher education in this case.

Not true. This is why public schools don't do criminal background checks for the general student population. There are due process concerns, unreasonable search and seizure concerns, discrimination concerns, etc.

 

[xBiffx]

Not true. This is why public schools don't do criminal background checks for the general student population. There are due process concerns, unreasonable search and seizure concerns, discrimination concerns, etc.

Criminal background checks are not done for the simple reasons of time and money. It is far too costly for schools to do this and in a reasonable amount of time to get the information back before acceptance/denial of applications. Again, they would have to do this for all students who apply. Background checks have nothing to do with due process, unreasonable search and seizure or discrimination. If this were the case, employers would not be able to use them for these exact same reasons but they do, because the reasons given are not valid.

 

[sactoking]

http://www.usatoday.com/news/nation/2007-04-17-blcover_N.htm

But formal background checks are another story. Many colleges don't want to be accused of "profiling" or discriminating against students who have records. And checks probably would find little on students whose juvenile court records are sealed.

http://www.durhamtech.edu/html/prospective/programsofstudy/healthtechbackgroundcheck.htm

Why is the college requiring criminal background checks for students enrolled in programs that have a required clinical component?

In programs that require a clinical experience, a criminal background check and/or drug test is a requirement of the hospitals and/or health care facilities with whom the college has contracted to provide clinical training and experience to the college’s Health Technologies students. These hospitals and health care facilities, because of their accrediting body, JCAHO (Joint Commission on Accreditation of Healthcare Organizations) now requires all students and faculty assigned to their sites to have criminal background check and/or drug test. The Facilities must be notified of any individuals who have a criminal record.

Note, it only applies to certain students who have a legitimate need for a check.

http://counsel.cua.edu/StudLife/publications/background.cfm

IV. What Are the Benefits and Risks Associated with Conducting Criminal Background Checks on Students?

Risks
Performing criminal background checks exposes the institution to liability for negligently performing the task and thereby facilitating the injury of a third party by a student who was not properly screened or precluded from having access to the injured person. Having assumed the duty to perform the checks, in cases where no such duty existed, may expose the institution to liability for negligently performing or failing to perform that duty [27]. Similarly, the institution may face claims and criticism for failing to warn others of a potentially dangerous student.

The use of criminal background checks may unfairly impact minorities. While most of the discussion in this area of law relates to employee criminal background checks, some of the same arguments could be made in the student context [28].

Obtaining a criminal background check response which reflects no convictions may create a false sense of security, given the questions surrounding the accuracy and completeness of the background checks, their limited scope, chance for errors, and variation of offenses by states [29].

That's just 3 minutes worth of time researching why schools don't do these sorts of potentially unwarranted checks.

 

[ShawnD1]

Don't like it? Don't attend that college. Seems pretty simple.

That will be the biggest fail college in the history of the world. Almost every person on drugs I've ever met was a college student, mostly math and engineering students. Bill Clinton and GWB both admit to being college drug fiends (one said he didn't inhale but we know that's bullshit).

 

[SandEagle]

every teacher and administrative staff should also get tested. those that did drugs in the past should voluntarily quit. hippocrites.

 

[Fern]

-snip-

Although I'm definitely curious as to what the school hopes to achieve with this new initiative.

For some reason the OP omitted this paragraph in the article:

School leaders say the tests, which they prefer to call drug screenings, are necessary to ensure student safety at a campus where the coursework includes aircraft maintenance, heavy engine repair, nuclear technology and other dangerous tasks. They surveyed hundreds of local employers, who overwhelmingly supported a requirement those same students will soon encounter in the job market, said Richard Pemberton, associate dean of student affairs.

"They're going to be faced with this as they go into the drug-free workplace," he said. "We want them to be prepared."

Fern

 

[ch33zw1z]

I don't really see the point.

1. If you go to the school, do drugs, and fuck it up then it's your fault.
2. If you go to the school, do drugs, pass with flying colors then why should they care?
3. If you go to the school, don't do drugs, and fuck it up it's still your fault.
4. If you go to the school, don't do drugs, pass with flying colors then why should they care?

I'd love to see a mass exodus from the school, that'd be epic.

edit: Fern put that up above, I can see where they're coming from with that angle. I believe they should fail people for nicotine and alcohol as well. Both of those can affect job performance.

 

[Double Trouble]

I don't think the testing serves too much of a purpose and I don't think I'd want to attend a school that wants that kind of control.

That said, the idea that it's somehow "unconstitutional" or a violation of someone's rights is absurd. There is no mandate to attend that school. Further, the fourth amendment protects you from government search and seizure, not voluntary disclosure (testing).

 

[Double Trouble]

2. If you go to the school, do drugs, pass with flying colors then why should they care?

You are more likely to be a danger to others, especially if you have access to dangerous equipment etc.

I don't think it makes sense overall, but I have no problem with them requiring the testing either. The only concern I would have is whether they are also testing for other stuff, keeping DNA etc with the samples they are given.

 

[ch33zw1z]

You are more likely to be a danger to others, especially if you have access to dangerous equipment etc.

I don't think it makes sense overall, but I have no problem with them requiring the testing either. The only concern I would have is whether they are also testing for other stuff, keeping DNA etc with the samples they are given.

I understand where you're coming from, but here's where I see the fail in the way they're handling drug testing:

1. It's not for all students
2. It's not random.
3. It's done right away.

If the school was truly serious about safety, they'd step it up to where it should be. Random throughout the duration of the semesters, for everyone, cost built into tuition, and not just urine. Don't half-ass it.

They're not alone. Most drug testing policy's are designed to catch hardcore addicts and marijuana users.

The school isn't just testing hands-on tech students either, it's for general studies as well. That pencil is a dangerous weapon I hear.

 

[dmcowen674]

I believe they should fail people for nicotine and alcohol as well.

Both of those can affect job performance.

Exactly

Anything that affects performance and safety should be tested, add Tobacco and Alcohol to the drug testing as well as masturbation, pulling on your wang and running a bullet on your clit affects safety on the job too.

 

[Doppel]

pulling on your wang and running a bullet on your clit

quoted for wtf. Sex, you're not doing it right.

 

[ch33zw1z]

quoted for wtf. Sex, you're not doing it right.

cmon now, everyone yanks their own chain once in a while.

 

[ShawnD1]

edit: Fern put that up above, I can see where they're coming from with that angle. I believe they should fail people for nicotine and alcohol as well. Both of those can affect job performance.

Nicotine doesn't make you suck at your job. It just means you take more breaks than the pregnant woman who has diarrhea. Alcohol makes you fuck up and do things incorrectly.

 

[ch33zw1z]

Nicotine doesn't make you suck at your job. It just means you take more breaks than the pregnant woman who has diarrhea. Alcohol makes you fuck up and do things incorrectly.

Smokers should not get any special treatment. No extra breaks. let the nic fits begin.

 

[ShawnD1]

Smokers should not get any special treatment. No extra breaks. let the nic fits begin.

BUT I NEED IT!!!

 

[ch33zw1z]

 

[MagnusTheBrewer]

Since when has Missouri been considered part of the South?

Not sure what voting democrat has anything to do with the South. If that were the case then the South would include the Left and East coasts wouldn't it? I thought it was considered part of the South since a majority of it was/is south of the Mason-Dixon line. This, of course, is antiquated and probably no longer used as a guide these days.

LOL. Missouri is as "southern" as Illinois.

Missouri was a slave state and nominally Union but, there was a lot of support for the Confederacy.

 

[sportage]

Drug testing? hehe... GOOD!
Now u know how welfare mothers feel in some states.
What’s good for the dead beat mother is goods for their dead beat student? What? No?...

This HAS to be a republican stunt. Ya know... the party that HATES government sticking its nose in your life. Except when it comes to full filling their warped personal agenda.

Ps. Hope this includes testing the teacher also...?

Pss. We all know rich white college kids do not do drugs.... RiGhT?

 

[xBiffx]

Drug testing? hehe... GOOD!
Now u know how welfare mothers feel in some states.
What’s good for the dead beat mother is goods for their dead beat student? What? No?...

This HAS to be a republican stunt. Ya know... the party that HATES government sticking its nose in your life. Except when it comes to full filling their warped personal agenda.

Ps. Hope this includes testing the teacher also...?

Pss. We all know rich white college kids do not do drugs.... RiGhT?

Exactly what part of this is sticking its nose in anyone's life? And where is government in any of this? Seems like you apply to this school and you are asking to take the test. No one's forcing anything on anyone. But hey, don't let facts get in your way, as usual.

 

[Lithium381]

good

 

[Moonbeam]

Who gives a shit, it's Missouri. You can get a PhD there studying your sixth finger.