Policy on Alcoholic Beverages and Illegal Drugs

Introduction

At The New School, we seek to foster the intellectual, artistic, and social development of our diverse student body and to create and maintain a community in which principles of fairness, civility, and diversity are upheld. The university seeks to promote a drug-free campus that respects the community at large. If alcohol is to be consumed, it must be done so legally, responsibly, and with respect to others in the community. We expect all members of the university community to adhere to university policies and rules, as well as federal, state, and local laws concerning drugs and alcohol.

Background

The policy has been formulated out of care for and the well-being of faculty, students, and staff and is designed to promote and maintain an environment conducive to the educational values, principles, and objectives of the university, as well as to cultivate awareness among all members of the university community in regard to alcohol and drug abuse.

It is also intended to encourage individuals to be sensitive to and considerate of the needs and feelings of other persons, including those who lead a substance- or alcohol-free lifestyle.

The university strictly adheres to federal, state, and local laws such as the Federal Controlled Substances Act, Drug-Free Workplace Act of 1988, Drug-Free Schools and Communities Act Amendments of 1989, New York State Penal Law, New York State Alcoholic Beverage Control Law, New York State Vehicle and Traffic Law, and Zero Tolerance Law. The university community is encouraged to familiarize themselves with these and other laws, regulations, and legal sanctions related to drug and alcohol use.

The New School encourages the community to understand the health risks associated with substance use, misuse, and abuse. Students and employees should also familiarize themselves with available counseling and educational programs to identify and help those who experience difficulty with drugs or alcohol. See Substance Use Services and Assistance Programs for details.

Scope

This policy applies to faculty, staff, and students.

Policy

Alcohol

Alcohol is prohibited in residence halls and all spaces being used for academic activity, including, but not limited to, classrooms, studios, offices, lounges, and computer labs. Alcohol is not to be served during classes, including end-of-semester parties. Alcohol is only permitted at university events as outlined in the Alcohol at Events Policy.

In accordance with state and federal law, persons under the legal age for consumption are prohibited from possessing any alcoholic beverage on university property and at any university event, whether the event is on campus or not.

Members of the university community who violate the Policy will be subject to university disciplinary procedures. Further, members of the university community should be advised that they may also be subject to prosecution in accordance with federal, state, and local laws.

Drugs, Substances, & Drug Paraphernalia

The university has also established The Drugs and Alcohol-Free Workplace Policy, pursuant to the federal Drug-free Workplace Act of 1988, which stipulates:

• The unlawful manufacture, distribution, dispensing, possession or use of a prohibited controlled substance in the workplace is prohibited.
• In addition to any other applicable civil or criminal penalty, any university employee convicted of the illegal manufacture, distribution, dispensing, possession or use of a controlled substance shall be subject to disciplinary action which may include termination of employment or an employee may, at the university’s discretion, be required to satisfactorily participate in a program for the treatment of drug abuse.
• Employees working on grants covered by the Drug-free Workplace Act of 1988 are hereby given notice that as a condition of their employment they must obey the prohibitions set forth in paragraph one (1) of the Drug-free Workplace Policy and notify the university within five days of a conviction for violating any criminal drug law.
• Upon receiving actual notice of an employee’s criminal drug conviction, the university, pursuant to the Drug-free Workplace Act of 1988, within 10 days shall so notify the federal agency which issued the grant under which the employee was working.
• Within 30 days of receiving notice of a drug offense conviction, the university shall take appropriate disciplinary action.
• The university advises members of the university, including employees, of the dangers of drug abuse in the workplace and of any available drug counseling, rehabilitation and employee assistance programs.
• Employees are hereby informed of the university’s policy on maintaining a drug-free workplace and the penalties that may be imposed upon employees for drug abuse violations.

Marijuana

It is illegal by federal law to possess, use, or traffic in marijuana. The legal consequences for the possession or criminal sale of marijuana may include fines and imprisonment. The Student Code of Conduct prohibits the possession and/or use of marijuana in any amount on campus and/or at university-sponsored functions.

Drug Policy as it Relates to Students

Students are required to familiarize themselves and adhere to the drug policy as outlined in the Student Code of Conduct. The policy prohibits the “[u]se, possession, distribution or the manufacture of narcotic or dangerous drugs or of any illegal or controlled substances, except as expressly permitted by law, on university-owned or -controlled property or at university-sponsored functions.”

The possession and/or use of prescription medication, other than as legally prescribed, is in violation of the Student Code of Conduct as well as federal, state, and local laws. The distribution of such medications without proper licensure and/or in a manner other than specified under federal, state, and local law is prohibited. The use of over-the-counter medications in a way that is deemed by the university as misuse, or the possession of quantities of such medications as deemed excessive by the university, will be considered a violation of the Student Code of Conduct.

Furthermore, students are prohibited from the on-campus possession of any type of paraphernalia analogous with the use, distribution, or sale of illegal substances/narcotic drugs (i.e., scales, bongs, pipes, etc.).” Students found in violation of the drug policy will be subject to sanction under the Student Code of Conduct. Sanctions may include but are not limited to:

• Oral warning, i.e., verbal notification to the student that repetition of the wrongful conduct may be cause for more severe sanctions, and a clear instruction to desist.
• Written warning, i.e., written notification to the student that continuation or repetition of the wrongful conduct may be cause for more severe disciplinary action within the period of time stated. A copy of the written warning letter will be placed in the student’s file.
• Fines, i.e., sum to be paid by the student to the university or another specified body.
• Failure to pay fines will result in the withholding of a student’s transcript and/or denial of either graduation or continued enrollment at the university.
• Restitution, i.e., reimbursement for damage or loss to either university or individual property. Failure to make restitution will result in the withholding of a student’s transcript and/or denial of either graduation or continued enrollment at the university.
• Community work, i.e., assignment of a specific number of hours of community service work to be accomplished within a specific time.
• Disciplinary probation, i.e., written notification to the student that he/she is in official jeopardy. A further violation of the Student Code of Conduct while on disciplinary probation may result in suspension or expulsion.
• Restriction, i.e., denial of the use of certain university facilities or the right to participate in certain activities or privileges for a specified period of time.
• Suspension and/or termination of a student’s housing privilege, including being banned from entering one or more of the university’s residence halls.
• Suspension, i.e., exclusion from class, exams, and all functions of the university for a stated period of time. Suspension may require petition for re-admission.
• Expulsion, i.e., dismissal from the university. The student may not attend classes or take any examinations and must vacate university property by the effective date of expulsion. Re-admission will not be considered.

Related Topics

• Student Code of Conduct
• Alcohol at Events Policy
• Drugs & Alcohol-Free Workplace Policy