Substance Abuse and Alcoholic Beverages
PURPOSE OF POLICY:
1. To comply with the requirements of the Drug Free Schools and Communities Act.
2. To set forth the standards and regulations associated with the possession, consumption, service and distribution of alcoholic beverages at the University.
3. To set forth the standards and regulations associated with the possession, consumption, service and distribution of illegal controlled substances at the University.
4. To set forth the manner in which allegations of violations of the policy will be addressed at the University.
5. To provide resources for those seeking information about, or struggling with, a substance abuse problem.
TO WHOM THE POLICY APPLIES:
The United States Department of Education has issued regulations implementing the provisions of the Drug-Free Schools and Communities Act Amendments of 1989. These regulations require that the University distribute the following information annually to all students, administrators, faculty and staff at the University in writing concerning the possession, use, or distribution of alcohol and illicit drugs. New York University’s policies on substance abuse and on alcoholic beverages are set out below, along with related information regarding University sanctions for violation of these policies, criminal sanctions for the illegal possession or distribution of drugs and alcohol, the health risks associated with drugs and alcohol, and places to obtain help concerning the use and abuse of alcohol and illicit drugs. The University policies set forth below apply to all University students and to all events or activities which are sponsored by the University or by a University organization, whether they occur at the University or not.
GENERAL STANDARDS OF CONDUCT ASSOCIATED WITH ALCOHOL AND OTHER SUBSTANCES:
NYU is committed to creating and maintaining a campus environment that is free of alcohol and substance abuse. The abuse of alcohol and legal drugs and the use of illicit drugs is antithetical to the pursuit of educational excellence and the realization of one's full potential as a student and member of this community. Accordingly, the University takes very seriously its obligation to address the issue of all forms of substance abuse.
We believe that the best way to maintain an appropriate campus environment with respect to drugs and alcohol is through preventive education about the dangers of drug abuse and compassionate attention to the needs of those who may require help with alcohol or other drug-related problems. To that end, the University provides on-campus support programs and services as well as information about related services that are available in the local community.
At the same time, NYU expects that students will conduct themselves in accordance with basic principles of personal responsibility, respect for order, and consideration of the rights of others. Implied in these expectations is the understanding that students are responsible for making their own decisions and accepting the consequences of those decisions. In order to make informed choices about alcohol and other drug use, students should educate themselves about the social, physiological, and psychological consequences of drug use or excessive drinking as well as the policies set forth below.
I. STATEMENT OF POLICY ON SUBSTANCE ABUSE:
New York University policy and practices regarding the possession, use and distribution of substances is based upon federal and New York State laws. The use, possession or distribution of a substance that is designated as a controlled substance according to these laws is prohibited on any University campus, facility, function, or sponsored program.
Although University policies and practices emphasize a concern for the welfare of individuals, the University also recognizes the importance of maintaining the safety and well-being of the community as a whole. The University therefore adheres to the following guidelines concerning the unlawful possession, use, or distribution of drugs:
1. The unlawful possession, use, or distribution of drugs will not be tolerated on premises owned or controlled by the University.
2. Upon finding evidence of the unlawful possession, use, or distribution of drugs on its premises by any student, the University will take appropriate disciplinary action, including, but not limited to, probation, suspension, or expulsion.
3. Using regularly established procedures, the University will take disciplinary action, up to and including discharge, against any member of the faculty or staff found to be unlawfully using, possessing, or distributing drugs on University premises.
Faculty, staff, and students should also be aware that, in addition to University sanctions, they may be subject to criminal prosecution under federal and state laws that specify fines or imprisonment or loss of federal financial student aid for conviction of drug-related offenses. Where appropriate or necessary, the University will cooperate fully with law enforcement agencies if a student’s use, possession, or distribution of a substance violates the national, state and/or local laws of the country in which the campus where the incident occurred is located.*
*A Note for Students Traveling Abroad: Students traveling abroad as part of a University program should familiarize themselves with the laws and policies of the location to which they are traveling.
II. STATEMENT OF POLICY ON ALCOHOLIC BEVERAGES:
The University Policy regarding the possession, consumption, sale and service of alcoholic beverages at New York University is based on federal and New York State law, as well as the New York State Alcoholic Beverage Control Law.
A. Possession and Consumption:
It is the policy of New York University that persons under the age of 21 years are prohibited from possessing any alcoholic beverage at New York University or at any event sponsored by the University or by a University organization, whether the event is at the University or not.
B. Service and Sale:
1. To serve alcoholic beverages shall mean to give away, deliver, or otherwise provide alcoholic beverages to any person by any means other than by sale to such person.
2. Sales of liquor include, without being limited to, cash bars, events to which admission tickets are sold or for which fees are charged, either by the event or for a period of time (e.g., entertainment charge or annual dues), entitling the purchaser access to an open bar, and parties at which alcoholic beverages are served and for which contributions or donations to offset the costs of the party are sought.
3. The following rules are applicable to all events at which alcoholic beverages are served or sold at New York University and to all events or activities, whether or not at the University, which are sponsored by the University or by a University organization.
a. No person shall be sold or served any alcoholic beverage:
i. if that person is, or appears to be, under the legal drinking age of 21;
ii. if that person is, or appears to be, intoxicated, or is known to the server or seller to be a problem drinker.
b. No person under the age of 21 years shall present any written evidence of his or her age that is false, fraudulent, or not actually his or her own in order to purchase or be served, or to try to purchase or be served, any alcoholic beverage or in order to gain access, or to try to gain access, to any event or activity at which any alcoholic beverage is being sold or served.
c. No person shall in any way misrepresent the age of any other person or help any other person to misrepresent the age of any other person or help any other person to misrepresent his or her age so that such person can purchase or be served, or try to purchase or be served, any alcoholic beverage or gain access, or try to gain access, to any event or activity at which any alcoholic beverage is being served or sold.
d. No alcoholic beverage shall be sold to any person unless:
i. a license or permit sanctioning the sale of such alcoholic beverage has been obtained by the seller; and
ii. the license or permit sanctioning such sale and any posters, signs, notices, or other material or information required by applicable law or by the State Liquor Authority are prominently displayed at the site of such sale.
e. The individual or group(s) sponsoring an event or activity at which any alcoholic beverage is to be sold or served (the “sponsor”) shall be responsible to make sure that all New York University rules and regulations regarding the sale, use, service, possession, and consumption of alcoholic beverages are observed at such event or activity. This responsibility shall include, without being limited to, the following:
i. Alcoholic beverages should not be served at University events attended by students unless it is anticipated that the majority of those in attendance will be of legal age to drink, a mechanism is in place to assure that only attendees who are of legal age to drink have access to alcoholic beverages, and the event is adequately supervised.
ii. Each University unit is responsible for advising all student organizations recognized by that unit of the public laws and NYU policies regarding the sale, service and consumption of alcoholic beverages at student events. Upon request, staff from the Office of Student Activities will be available to assist in that process.
iii. Each University unit is responsible for advising all student organizations recognized by that unit of the procedures and resources available to address any health, safety, security, or behavioral concerns that may arise at an event at which alcoholic beverages are served. Upon request, staff from the Wellness Exchange, Public Safety, Judicial Affairs, and the Office of Student Activities will be available to assist in that process.
iv. Public laws and University policies and guidelines that concern the presence of alcoholic beverages at events attended by students apply to all such events regardless of the sponsoring unit/organization or whether the activity takes place on or off University premises.
v. Alcoholic beverages may be served at events held at NYU global sites, under the supervision of site supervisors, in accordance with the applicable laws governing legal drinking age in the particular country.
vi. No student organizations may use University funds, or any other monies derived from other sources of income, including donations, to purchase alcoholic beverages to be served at a student event.
vii. All student organizations wishing to have alcoholic beverages served at an on-campus event must use the NYU Catering Vendor which shall provide such service on a cash bar basis only. Events held at an off-campus site must use a licensed private vendor which shall provide such service on a cash bar basis only.
viii. Exceptions to the restrictions on the use of University funds and the cash bar requirements can be granted on a case-by-by case basis for graduate student organizations provided that all of the other conditions set forth in this document are met.
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