Substance Abuse and Alcoholic Beverages

I. 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 and views the abuse of alcohol and legal drugs and the use of illicit drugs as being 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.

II. STATEMENT OF POLICY ON SUBSTANCE ABUSE:

New York University policy and practices regarding the possession, use and distribution of substances is based upon the standards set forth in the laws of the State of New York. The use, possession or distribution of a substance that is designated as a controlled substance in New York State also is prohibited at 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.

III. 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 primarily on the New York State Alcoholic Beverage Control Law and other laws of the State of New York.

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:

• if that person is, or appears to be, under the legal drinking age of 21;
• 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:

• a license or permit sanctioning the sale of such alcoholic beverage has been obtained by the seller; and
• 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:

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

C. NYU Global Academic Centers:

1. Each NYU Global Academic Center has its own policies, procedures, and regulations governing the possession, consumption, and serving of alcoholic beverages that may vary from the general University policy. These policy differences reflect variations in the laws concerning the possession and consumption of alcoholic beverages in the locality and country in which that site is located, regulations established to best meet the unique needs of that particular campus, and practices that reflect respect for the social/cultural customs of that community and country. Students enrolled at a Global Academic Center should consult the office of the Site Director for information regarding the policies, procedures and regulations for that location.

2. Students enrolled at any NYU Global Academic Center will be held accountable to the Study Away Standard which sets forth behavioral expectations for all students involved in study at the academic centers. Violations of that standard which involve the use of alcohol or another controlled substance will be subject to close scrutiny and may result in serious disciplinary consequences.

IV. UNIVERSITY SANCTIONS

A. Any member of the faculty, administration, or staff or any student may file a complaint against a student under the University’s Student Disciplinary Procedures if he or she knows or believes that a student has violated the University’s Policy on Substance Abuse or its Policy on Alcoholic Beverages. If University policies are violated at an event sponsored by a student organization, the student organization, along with its members, may be held responsible for such violations. A variety of sanctions can be imposed on the organization, including loss of funding or other privileges, denial of access to University facilities and services, and dissolution.

B. The University’s response to incidents involving the use, possession, or distribution of alcohol and other drugs within the University community is formulated on a case-by-case basis.

1. The University draws clear distinctions between the possession, use/abuse and the distribution of alcohol or illegal drugs and will take decisive and potentially more severe action, in matters involving the distribution of illegal drugs. In doing so, the University strives to balance the interests of individual students with that of the larger community that may adversely be affected by such behavior.

2. Depending upon the nature of the circumstances, the University may elect to implement educational, administrative, medical, counseling, disciplinary action, or a combination of interventions.

3. Disciplinary sanctions can include dismissal (i.e., expulsion) from the University, suspension from classes and other activities or privileges, or other penalties permitted by University codes. For example, a student can be expelled from University housing or barred from participating in athletic or other extracurricular activities such as the Study Away Program. Students may also be required to undergo evaluation and/or participate in and satisfactorily complete an appropriate counseling or rehabilitation program. Sanctions may become part of a student's permanent academic record, including being noted on the student's transcript.

4. The document, “Responding to the Use, Possession, and Distribution of Alcohol and Other Drugs Within the University’s Wellness Paradigm” provides more detailed information concerning the likely potential consequences for the use of illegal substances and can be viewed at the following URL: http://www.nyu.edu/about/policies-guidelines-compliance/policies-and-guidelines/policy-on-the-use-possession-and-distribution-of-alcohol-and-other-drugs-within-the-universitys-wellness-paradigm.html.

5. In addition, in appropriate cases, the University may contact parents or legal guardians of students who have violated University policies on substance abuse.

6. Employees alleged to be in violation of University Policies on Substance Abuse and Alcoholic Beverages may be subject to disciplinary action through the applicable Human Resources venue.

V. RELEVANT LAWS AND RELATED CRIMINAL SANCTIONS
All members of the University community should also be aware that, in addition to University sanctions, they may be subject to criminal penalties under certain circumstances for the possession, service, or sale of alcoholic beverages, particularly for serving or selling an alcoholic beverage to a person under the age of 21 years. Where appropriate or necessary, the University will cooperate fully with law enforcement agencies.

A. New York City Campus:

1. The unlawful possession, use, or distribution of illicit drugs and alcohol in New York State is punishable by criminal sanctions authorized by the Federal government and by the State of New York. These sanctions can include imprisonment, fines, assigned community service, and loss of federal student financial aid eligibility.

2. Regarding illicit drugs, the seriousness of the offense and the penalty imposed upon conviction usually depend upon the individual drug and the amount of the drug held or sold.

a. For example, in New York State, the criminal possession of 500 milligrams of cocaine is a class D felony, punishable by sentences up to 2 ½ years in prison. The sale of less than one-half an ounce of cocaine is a class B felony, punishable by sentences up to 9 years in prison. The criminal possession of eight to sixteen ounces of marijuana is a class E felony, punishable by sentences up to 1 ½ years in prison, as is the sale of more than 25 grams of marijuana. Possession or sale of larger amounts of marijuana is punishable by more severe penalties. Judges have some discretion to consider the circumstances in sentencing. In New York State, a gift of drugs, including marijuana, is treated as a sale.

b. Under US federal law, possession of illicit drugs can be punished by jail terms of up to twenty years and minimum fines ranging from $1,000 to $5,000. Federal possession and trafficking convictions can also lead to the forfeiture of property (e.g. your car), the denial of federal benefits such as student loans and grants, and a criminal record which may prevent an individual from entering certain career fields.

c. A person need not be in actual physical possession of a controlled substance to be guilty of a crime. The unlawful presence of a controlled substance in an automobile is presumptive evidence of knowing possession of such substance by each passenger unless the substance is concealed on the person of one of the occupants. Similarly, the presence of certain substances, including marijuana, in open view in a room under circumstances demonstrating an intent to prepare the substance for sale is presumptive evidence of knowing possession of such substance by anyone in close proximity.

3. Criminal penalties also may result from the misuse of alcoholic beverages.

a. In New York, if you give or sell an alcoholic beverage to a person less than 21 years old, you are committing a misdemeanor punishable by a fine, a jail term, or both. Any sale of any kind of alcoholic beverage without a license or permit is also a misdemeanor punishable by a fine, a jail term, or both.

b. If you are under the age of 21, you are prohibited from possessing an alcoholic beverage with the intent to consume it. Each violation is punishable by a fine of up to $50 and/or completion of an alcohol awareness program and/or up to 30 hours of appropriate community service. You can also be fined up to $100 and/or be required to perform community service and/or be required to complete an alcohol awareness program if you are under 21 and present falsified proof when purchasing or attempting to purchase alcoholic beverages. Your driver’s license may be suspended for three months if you are under 21 and use a driver’s license to try to purchase alcohol illegally. Fines and license suspension periods may increase with subsequent violations.

NOTE: These above are only examples of the penalties that can be assessed against you for the illegal possession, use, or distribution of alcoholic beverages and/or drugs. You should also know that it is the University’s policy to discourage violations of Federal, State, and City laws by its students. Where appropriate, the University will refer students who violate such laws for prosecution by the relevant government authorities and will cooperate fully with such authorities

B. NYU Global Academic Centers:

The possession, use, or distribution of alcohol and other substances at a NYU Academic Center is subject to the national and local laws of the country and city in which that facility is located. Students should be aware that some nations have severe penalties for violating their laws regarding alcohol and controlled substances. Thus, students are strongly advised to familiarize themselves with the laws of the countries in which they will be living and traveling while studying away from New York.

C. All Students/Locations: Loss of Student Eligibility for Federal Aid due to Drug Conviction

a. Section 484 of the Higher Education Act of 1965 (as amended in 1998) provides that a student is ineligible for federal student aid if convicted, under federal or state law, of any offense involving the possession or sale of a controlled substance during a period of enrollment in
which federal student aid was received.

b. Federal aid can be grants, student loans, and/or college work study.

c. The period of ineligibility begins on the date of conviction and lasts until the end of a statutorily specified period.

d. Rehabilitation. - A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if –

• the student satisfactorily completes a drug rehabilitation program that   complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and
• includes two unannounced drug tests; or
• the conviction is reversed, set aside, or otherwise rendered nugatory.

e. The suspension of eligibility for financial aid due to drug-related offenses and rehabilitation is set forth in the following table:

*If convicted of an offense involving:
The possession of a controlled substance:
Ineligibility period is                  First offense- 1 year
                                               Second offense- 2 years
                                               Third offense- Indefinite
The sale of a controlled substance:
Ineligibility period is:                 First offense- 2 years
                                               Second offense- Indefinite

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