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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. We recognize that some members of the community will choose to use alcohol, thus these guidelines serve as a way to help ensure that when alcohol is consumed it is done so responsibly, with respect to others in the community and in adherence to university policies and rules as well as federal, state and local law.

Additionally, the university seeks to promote a drug-free campus that respects the community at large. We expect members of the university community to adhere to university policies and rules, as well as federal, state, and local law concerning drugs.

This Policy on Alcoholic Beverages and Illegal Drugs ("Policy") has been formulated out of concern for 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 abuse problems. 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.

Background

All members of the university community are encouraged to familiarize themselves with these and other laws related to alcohol and drug use, as well as health risks.

Laws, Regulations, and Sanctions

The university strictly adheres to federal, state, and local laws that restrict and regulate the sale, service, and consumption of alcoholic beverages. The following is a summary of the applicable New York State laws:

It is illegal in the State of New York for any person under the age of 21 years to possess or consume any alcoholic beverage.
The sale of alcoholic beverages to persons under the legal New York State purchase age is prohibited. No one may “sell, deliver, or give away; cause, permit or procure to be sold, delivered or given away any alcoholic beverages” to anyone underage. Legal consequences may include both fines and imprisonment.
It is illegal in the State of New York for any minor to use false identification to obtain alcohol. Legal consequences may include a fine of up to $100 and/or up to 30 hours of community service.
In New York State, the sale, gift, or delivery of alcoholic beverages to a “visibly intoxicated person” is prohibited.
Under New York State’s Zero Tolerance Law: Persons under age 21 who are caught driving with a Blood Alcohol Content (BAC) of .02 of 1% or more but not more than .07 of 1% will lose their driver’s license for at least 6 months and may have to pay civil penalties and suspension termination fees.
Driving While Intoxicated (DWI) is the operation of a motor vehicle while having a BAC of .08% or higher. Legal consequences may include fines, imprisonment, and a revoked or suspended driver’s license.

With the exception of medication as legally prescribed, it is illegal in the State of New York for any person to possess or traffic in any controlled substances and/or drug paraphernalia including, but not limited to, the following:

Narcotics: opium, morphine, codeine, heroin, etc.
Depressants: barbiturates, benzodiazepines, methaqualone, rohypnol, etc.
Hallucinogens: LSD, mescaline, peyote, ecstasy, etc.
Inhalants: nitrous oxide, butyl nitrate, propyl nitrate, etc.
Precursors: chemical compounds
Prescription drugs: steroids, Ritalin, etc.
Drug paraphernalia: packing materials, scales and balances, hypodermic needles, etc.

Legal consequences for the possession or criminal sale of controlled substances and/or drug paraphernalia may include fines and imprisonment.

Driving While Ability Impaired by Drugs (DWAI)

Driving While Ability Impaired by Drugs (DWAI) is the operation of a motor vehicle while impaired by the use of a drug as defined in the New York State Vehicle and Traffic Law. Legal consequences may include fines, imprisonment, and a revoked or suspended driver’s license.

Health Risks

The National Council on Alcoholism and Drug Dependence cites “alcohol-related problems or impairment in such areas as . . . liver disease, gastritis, anemia, neurological disorders . . . impairments in cognition, [and] changes in mood or behavior.” Alcohol consumption also presents serious health risks to pregnant women.

Additionally, alcohol abuse, including excessive or “binge” drinking, can seriously affect academic, athletic, and work performance while leading to behaviors that are destructive, violent, or asocial. In particular, there is a strong relationship between alcohol consumption and instances of wrongful or inappropriate sexual behaviors.

The university provides a variety of counseling and educational programs to identify and help those who experience difficulty with alcohol. These programs and related resources are listed in Alcohol & Drug Abuse Referral Services & Assistance Programs at the end of this Policy.

Scope

This policy applies to faculty, staff, and students.

Alcoholic Beverages at University-Sponsored & Sanctioned Events

The university’s Policy is meant to ensure legal use of alcoholic beverages and responsible conduct by individuals at on-campus events sponsored or sanctioned by the university, and at off-campus events hosted by members of the university community when such events are held as an extension of university programs or activities.

Alcohol is prohibited in all spaces being used for academic activity including, but not limited to, classrooms, studios, offices, lounges, and computer labs.
Alcoholic beverages may be sold, distributed, served, or consumed only by individuals who have attained the minimum legal New York State purchase age of 21. Groups sponsoring events intended primarily for persons under the age of 21 are strongly encouraged to hold alcohol-free events.
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.
Additional requirements are outlined below for alcohol at events where students will be present.

Approval of Alcohol Use at Student Events

Events where students are present and where alcoholic beverages will be served are subject to approval, regardless of the age of the students. Alcohol is not to be served during classes, including end-of-semester parties. Students cannot be required to attend events where alcohol will be served.

Please fill out the Approval for Alcohol Use at Student Events Form and submit to Gilles Stromberg, Assistant Director of Student Leadership and Involvement, for review. Approval is contingent upon demonstration by the sponsoring group or organization that it is able to comply with the following:

A faculty or staff member needs to serve as the Alcohol and Beverage Supervisor and must be present for the duration of the event. Students, whether undergraduate or graduate, may not serve in this role.
Visible signage is required that reads, “Alcoholic beverages may only be served to and consumed by persons 21 years of age or older.”
The availability of alcoholic beverages cannot be used in advertisements for the event.
Quantities of alcohol to be served at an event must be established in advance and must not encourage intoxication.
When alcoholic beverages are served, food and non-alcoholic beverages must be provided in sufficient quantities and in a manner commensurate with the availability of alcoholic beverages to discourage intoxication.
Appropriately trained bartenders must be used to serve alcoholic beverages. Staff or faculty may serve as bartenders provided specific approval is obtained from the Office of the Assistant Dean of Students.
Bartenders will request proof of age in compliance with New York State laws. If staff or faculty serves as bartenders, they must request proof of age in compliance with New York State laws.
The use of a wristband or ticket system to limit the number of alcoholic beverages served to each individual is strongly recommended and may be required at the discretion of the Office of the Assistant Dean of Students.
Alcoholic beverages must not be sold or served to anyone who seems to be intoxicated or is known to the seller or server to be a problem drinker.

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 in the State of New York 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.

Alcohol & Drug Abuse Referral Services & Assistance Programs

The university is committed to providing information, education, support and referrals for faculty, students, and staff who have concerns or problems with alcohol and drug use and abuse. Students, faculty, and staff are encouraged to utilize the many university and community resources available to them.

Resources currently available for those in need of assistance include the following:

At The New School:

Human Resources: 212.229.5671
Employee Development Center: 1.800.327.9092
Student Health Services: 212.229.1671
Security (24-hour): 212.229.5165
Student Disability Services: 212.229.5900 x3656
Student Support and Crisis Management: 212.229.5900 x3189

In New York City – Treatment Programs:

Realization Center: 212.627.9600
Greenwich House: 212.691.2900
Lower East Side Service Center: 212.343.3520
Lower East Side Harm Reduction Center: 212.226.6333
Smither’s/C.O.P. E.: 212.523.8285
Roosevelt Hospital: 212.523.5825

In New York City – Self Help Programs:

Alcoholics Anonymous: 212.647.1680
Narcotics Anonymous: 212.929.6262
Al-Anon (for friends and relatives of alcoholics): 212.941.0094
Marijuana Anonymous: 212.459.4423
Pills Anonymous: 212.874.0700

24-hour Hotlines:

Emergency – Police/EMS: 911
National Hopeline Network – Suicide Prevention: 1.800.SUICIDE
Samaritans Suicide Prevention Hotline: 212.673.3000
Oasis – Substance Abuse, Domestic Violence, and General Outreach:
1.800.522.5353
National Suicide Prevention Lifeline: 1.800.273.TALK
National Clearinghouse for Drug and Alcohol Information: 1.800.662.HELP