Zero Tolerance – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Can You Be Fired for Legal Marijuana Use? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/can-fired-legal-marijuana-use/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/can-fired-legal-marijuana-use/#respond Tue, 16 Jun 2015 20:47:33 +0000 http://lawstreetmedia.wpengine.com/?p=43202

The Colorado Supreme Court says yes.

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Image courtesy of [Dominic Simpson via Flickr]

In Colorado and thinking about smoking marijuana after work? Might want to reconsider that. Even though many Colorado residents qualify to use medical marijuana regularly, it can carry many consequences for consumers. In a landmark Colorado Supreme Court decision, Coats v. Dish Network, the court decided that employers can now lawfully terminate employees for using medical marijuana, even if they are off the clock.

This case originated in 2010 when Dish Network fired an employee, Brandon Coats, for not passing a random drug test. Testing positive for marijuana went against the company’s “zero-tolerance” drug policy. Coats is a quadriplegic who is licensed to use medical marijuana under Colorado state law to help ease the pain of his muscle spasms. He claims that he never used marijuana while working, nor was he ever high at work. Coats filed the lawsuit claiming that his rights were violated since he is legally allowed to use marijuana in the state of Colorado, so this should not affect his status of employment.

In a unanimous decision, all six judges ruled in favor of Dish Network, stating that the company was in the right when it let go of Coats. This case sets a precedent for future workplace conflicts over the matter. Medical marijuana is legal in Colorado, as well as recreational marijuana, but it is still illegal in all forms under federal law. Federal law trumps state law and so despite some people being able to obtain licenses to use medical marijuana, they still have to obey their employers’ drug policies.

Colorado is one of the most liberal states in the United States when it comes to marijuana use, as it legalized the medical consumption of it in 2001, and the recreational use of it became legal in 2012.  Marijuana use in Colorado has become ubiquitous. Doctors prescribe medical marijuana to patients for a multitude of reasons, such as to help combat the nausea induced by chemotherapy, to treat seizure disorders, or to curb the poor appetite and weight loss associated with HIV. People can grow the plant in their basements and there are dispensaries throughout many of the major cities. People can even take yoga classes focused on marijuana or marijuana themed cooking classes. Reports state that the legalization of cannabis has caused crime rates to decrease, lowered unemployment rates, and has contributed to greater economic growth thanks to the enormous tax revenues that the sales have created.

This decision will clear up many issues in Colorado, although it could also cause tensions to rise among citizens throughout the state and the whole country. Seeing how this case will impact other states’ decisions regarding the workplace and the use of medical marijuana will be interesting, considering that 23 other states have legalized it for medical consumption so far. To avoid future legal problems, this decision will likely prompt other companies to devise new drug policies so it is clear what they expect of their employees.

Toni Keddell
Toni Keddell is a member of the University of Maryland Class of 2017 and a Law Street Media Fellow for the Summer of 2015. Contact Toni at staff@LawStreetMedia.com.

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University of Oklahoma Fraternity Shut Down After Racist Chant https://legacy.lawstreetmedia.com/news/university-oklahoma-fraternity-shut-racist-chant/ https://legacy.lawstreetmedia.com/news/university-oklahoma-fraternity-shut-racist-chant/#comments Mon, 09 Mar 2015 17:38:40 +0000 http://lawstreetmedia.wpengine.com/?p=35732

U of Oklahoma's chapter of SAE kicked off campus after racist video surfaces.

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University of Oklahoma’s President is giving chapter members of the fraternity Sigma Alpha Epsilon (SAE) exactly one day to get off the campus after a shocking video of the fraternity brothers chorusing a racist chant surfaced on social media.

The video uploaded to Youtube Sunday reportedly shows a bus full of of well dressed white men and women on Saturday chanting in unison: “There will never be a ni**** in SAE. There will never be a ni**** in SAE. You can hang him from a tree, but he can never sign with me. There will never be a ni**** in SAE.”

The video can be found here, but keep in mind it is extremely offensive.

According to KOKO Oklahoma City, President David Boren gave the fraternity brothers until midnight Monday to pack up their things and leave. In his statement he denounces the members saying:

Real Sooners are not racist. Real Sooners are not bigots. Real Sooners believe in equal opportunity. Real Sooners treat all people with respect. Real Sooners love each other and take care of each other like family members.

Sigma Alpha Epsilon’s national chapter was quick to shut down Oklahoma’s Kappa chapter after being informed of the video saying they were “disgusted by this video” and “offer our empathy not only to anyone outside the organization who is offended but also to our brothers who come from a wide range of backgrounds, cultures and ethnicities.” They took to Twitter to offer this official statement:

The university is taking this situation seriously, announcing they will be launching a formal investigation into the video and will punish any students involved.

What’s probably most shocking about the video is the perfect unison in which the students are heard chanting. It doesn’t at all sound like this is the first time they’ve recited this chant and the lynching references could mean this tradition dates back awhile. However, Sigma Alpha Epsilon’s national chapter is denying any ties to the chant and seems to be just as disgusted with it as the rest of the nation. Like in many hazing or other Greek life scandals, this video may end up tarnishing the organization’s reputation as a whole.

The only positive thing that can be said about this video is the zero tolerance policy for racism shown by University of Oklahoma administrators. This video is just further proof that contrary to some people racism is still alive, and this nation has a lot more work to do before we see its extinction.

Alexis Evans (@Lex_vans) is an Editorial Assistant at Law Street and a Buckeye State native new to Washington D.C. She received a Bachelor’s Degree in Journalism and a minor in business from Ohio University. When she’s not taking Buzzfeed quizzes, she enjoys watching reality TV and cooking. Contact Alexis at aevans@LawStreetMedia.com.

Featured image courtesy of [Jeff Simms via Flickr]

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Massachusetts Expands Instruction to Expelled Students https://legacy.lawstreetmedia.com/news/massachusetts-expands-instruction-to-expelled-students/ https://legacy.lawstreetmedia.com/news/massachusetts-expands-instruction-to-expelled-students/#respond Fri, 14 Feb 2014 21:08:29 +0000 http://lawstreetmedia.wpengine.com/?p=12080

Students have to go to school- it’s the law. But what happens when a student, legally bound to go to school, is suspended for a long period of time, or even expelled? In some places, there is no contingency plan to make sure the student is learning while out of school. Should students who have […]

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Students have to go to school- it’s the law. But what happens when a student, legally bound to go to school, is suspended for a long period of time, or even expelled? In some places, there is no contingency plan to make sure the student is learning while out of school. Should students who have been suspended or expelled be expected to keep up with schoolwork the same way their peers- who remain in classes- are?

Massachusetts has recently passed a new law, which would require school districts in the state to provide some kind of provide some kind of education to students facing long-term education or expulsion. Specifically, it says: “any school district that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion.”

The bill does not highlight specific ways in which school districts could supplement these students’ education, but with modern technology, online options seem feasible. Some people have pointed out that the cost of educating students outside of the classroom is expensive, but if the alternative is not having students taught at all, some expenses don’t seem like that much of a problem. There are also alternative schools, which are funded publicly for students with behavioral problems. But again, each state handles admissions to these schools differently. There is also always the concern of over-filling alternative schools, and having the education there suffer as a result.

Long-term suspensions and expulsions are not the norm for most students, but have become an increasingly common way to deal with behavioral infractions of students. Many schools have instituted “zero tolerance” policies in respect to actions like fighting and bringing weapons, alcohol, or drugs to school. If a student is found to have partaken in one of the “zero-tolerance” behaviors, he or she faces immediate and severe punishment, ranging from suspension to expulsion.

While the safety of students is of course a priority, educators and legislators need to consider the ramifications of these “zero-tolerance” policies, and many others, which lead to so many suspensions and expulsions in the first place. While the Massachusetts law is a great attempt to keep students on track when they otherwise would not be, perhaps it is more important to address these problems before students have to leave school.

The ACLU outlines something known as the “school-to-prison pipeline.” People claim that when students aren’t in school, they are more likely to engage in other destructive behaviors, making it more likely for those individuals to end up in prison. The group outlines a number of policies, including zero-tolerance policies that they say only adds to the number of students suspended or expelled each year.

By implementing this law, Massachusetts has stuck a wrench in the school-to-prison pipeline, which currently exists. Rather than letting a student’s education fall by the wayside during the suspension, students will have the opportunity to continue to keep up with classes even while not in the school building itself. Obviously, the long-term benefits of the policy are not known, but it shows that state legislatures across the country could be addressing similar topics.

Regardless of whether this method has been proven to work, the idea and rationale behind it is solid. When students are in school, they’re taught. When students aren’t in school, they don’t get taught. Having a student not in school because of behavioral problems not getting taught seems like a recipe for disaster. If more states took the path Massachusetts is taking now, down the road we could see some significant changes in the population of incarceration among youth who have faced these problems in school at a young age.

[ACLU] [Sentinel and Enterprise] [Law] [Dignity Schools] [Huff Po]

Molly Hogan(@molly_hogan13)

Featured image courtesy of [Larry Darling via Flickr]

Molly Hogan
Molly Hogan is a student at The George Washington University and formerly an intern at Law Street Media. Contact Molly at staff@LawStreetMedia.com.

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