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I am currently enrolled in a college that I pay out of

I am currently enrolled...

I am currently enrolled in a college that I pay out of pocket to attend and we were told that we would need to submit to a drug test, today we were brought out off class to go take a supervised drug test at another location. I would like to know if this is legal to do. Or is a supervised drug screening a violation of my privacy? I am not a criminal, I don’t even have a record! The paperwork we had to sign doesn’t state anything about a supervised drug test, and students were told if they did not sign it we would be kicked out of school. Please help me!

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NC

Lawyer's Assistant: What steps have you taken so far?

Social media, Online research, nothing is there for college students rights and the program I’m in is massage therapy

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so

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Answered in 1 minute by:
3/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Are you aware whether the student handbook allows for drug tests at all? Did they cite what authority they have to do this?

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Customer reply replied 4 months ago
The hand books state the school is a drug free campus, however the massage program NEVER had a drug testing policy but the medical side did. About a month ago they changed the policy so that massage now has to submit to drug screening but never told us it would be a supervised test. Today a few of us were pulled out of class to go take a drug screening at another location, the paperwork said pre-employement, and The director then told us it would be supervised

I see what you mean. Unfortunately, if, as a condition of you attending the school, they can drug test you. The same goes for a place of employment as well. You are not legally required to provide a drug test, but if you want to continue attending the school, then you would have to submit to the drug test. The law doesn't prohibit a school or an employer from asking for these tests and making them supervised either. I'm very sorry.

Are you concerned that you may not pass the test?

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Customer reply replied 4 months ago
i am! Aside from that There has been so many illegal things taken place with this school and I really thought it was a violation of my privacy to make me take a supervised drug test. I’m not working with sharp objects or anything like that

I can understand. It's a very difficult situation to be in, but the law doesn't prohibit the school from doing this. Do you know if any drugs in your system would disqualify you at all? The reason I ask is because they may not prohibit certain medications, but they may prohibit some illegal narcotics.

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Customer reply replied 4 months ago
The paper we signed say any drug at all must have supporting documentation behind it

I see. What stinks is that even public schools can require drug testing, but in that case it's only if there's reason to believe that a student has illegal drugs in their system. I used to work at a private college and represent public schools, and drug testing policies are normal and not always great. I'm very sorry and I wish that I could provide you some different information on this. My suggestion would be to see how long you can delay the drug test. Do they give you a chance to delay? Do they give you a chance to refute the results?

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Customer reply replied 4 months ago
they will give us 24hrs to dispute but it’s still supervised, I also believe they were overcharging students for some tuition, there was a problem with massage tables, the advertised table in the brochure was not the table other students received even though the tuition was set aside for a certain amount. My class caught it and we were given the correct tables but others before us were not
Customer reply replied 4 months ago
A classmate just told me that this test is to scare us, I think that’s a bit traumatizing to have to deal with

I understand. Well, the drug testing issue may be separate from the issues regarding the tables and the overcharging.

This seems like an issue of unfair business practices which could give you some compensation if you were to bring a lawsuit.

1.To establish that there was an unfair practice, there must be a representation, omission or practice that is likely to mislead the consumer;

2. The representation is examined from the perspective of a consumer acting reasonably in the circumstances; and

3. The representation, omission or practice must be material enough to affect the consumer’s conduct or decision, even though no actual reliance is required.

You may not want to consider a lawsuit at this stage as there are often government and non-profit resources that may help. You may want to consider your state’s BBB chapter or the state Attorney General’s office. Both of those organizations are dedicated to fighting fraud by businesses and if you run through the analysis above, then they can probably provide more help. Plus, the industry that you are thinking of challenging here may be governed by specific rules in your state and it could trigger a broader investigation by the government as well.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
Is there anywhere that gives the rights for college students and drug testing that I can read?

The only place I can think of is the department of education; however, they're only going to cover drug testing in public schools. For private schools, in my experience, there is no law that expressly prohibits this. There's only some non-official sites like these that help.

Did you have any other questions for me at all today?

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Customer reply replied 4 months ago
Thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Customer reply replied 4 months ago
Thank you! What do you suggest that do? Should I knowingly fail this drug test and get kicked out of schoo or stand my ground about it being supervised?

I would do everything you can to delay. Call in sick, say you had an accident and you need to reschedule, fake an illness, whatever it takes. If you do that, you can buy yourself at least some time for the stuff to get out of your system.

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Customer reply replied 4 months ago
Ok I blew up today and left and came home so I guess I’m going to have to unenroll

Perhaps; however, see what you can do to extend this bad boy.

Did you have any other questions for me today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
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Customer reply replied 4 months ago
No! Thank you again!

You bet.

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