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Office of Judicial Affairs & Student Advocacy
Drug-Free Schools and Community Act
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The State University of New York at Buffalo is committed to clear and concise policies on substance abuse, and a strong program of counseling, treatment, rehabilitation, and re-entry programs for all campus University employees and students. The Federal Drug Free Schools and Communities Act Amendments of 1989 (PL 101-226), requires annual notice to the campus community of the following: Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities. Students (from Student Rules and Regulations) Alcoholic Beverages, Drugs, and Narcotics A person is guilty of unauthorized sale of an alcoholic beverage when he or she sells, or offers for sale, any alcoholic beverage on University property without full compliance with the New York State Alcoholic Beverage Control Law and the permission of the University Alcohol Review Board. Possession without prescription of any narcotic, barbiturate, dangerous drug, or of most so-called "pep pills" and "tranquilizers" is contrary to federal and/or state law. Any student found to be in illegal possession of drugs must be reported to the appropriate civil authorities and may also be subject to disciplinary action by the University. Illegal drugs shall not be possessed or used in University residence halls. Use of alcoholic beverages on campus is governed by the New York State Alcoholic Beverage Control Law, the rules of the State Liquor Authority, and the regulations established by the University Alcohol Review Board. Further information concerning the regulations and approval process may be obtained from the University Alcohol Review Board, 252 Capen Hall, 645-6154. All provisions of the New York State Alcoholic Beverage Control Law and all rules of the State Liquor Authority apply to the State University of New York at Buffalo. Special attention should be paid to the following regulations: "Any person who misrepresents the age of a person under the age of twenty-one years for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense." "Any person under the age of twenty-one years who presents or offers to any licensee under the alcoholic beverage control law, or to the agent or employee of such a licensee, any written evidence of age which is false, fraudulent, or not actually his own, for the purpose of purchasing or attempting to purchase any alcoholic beverage, may be arrested or summoned and be examined by a magistrate having jurisdiction on a charge of illegally purchasing or attempting to illegally purchase any alcoholic beverage." "No person under the age of twenty-one years shall possess any alcoholic beverage, as defined in this chapter, with the intent to consume such beverage." "Whenever a police officer shall observe a person under the age of twenty-one years of age openly in possession of an alcoholic beverage as defined in this chapter with the intent to consume such beverage, said officer may seize the beverage." Use of alcoholic beverages in facilities assigned to the Faculty Student Association, Inc., and Student Union must conform to all provisions of the New York State Alcoholic Beverage Control Law, rules of the State Liquor Authority, and the University Alcohol Review Board. No person under the age of twenty-one years may possess and consume alcohol in the residence halls. For students over twenty-one years of age, possession shall be for personal consumption only in the privacy of student rooms and limited in quantity. Any person in possession of alcohol may be required by a member of the University Residence Halls staff to produce identification and proof of age. Any person who violates any of the rules regarding possession or consumption of alcoholic beverages will be requested to directly dispose of the beverage, or it will be confiscated and disposed of in accordance with the law. Contact the University Residence Halls Office, 479 Red Jacket, Ellicott Complex for further details (645-2174). If a student engages in repeated behavior in violation of the Student Rules and Regulations which is indicative of likely substance abuse problems, he or she may be required to attend a meeting or hearing with the Director of University Residence Halls and/or other University officials, as appropriate. The result may be dismissal from the residence halls or non-renewal of the housing agreement. Acceptance of a referral to a counseling agency for substance abuse treatment may serve to suspend the implementation of such sanction. In such case, probation regarding future behavior will be imposed, and documentation of an on-going relationship with the agency may be required. The use on campus of alcoholic beverages is governed by the New York State Alcoholic Beverage Control Law, rules of the State Liquor Authority, and regulation of the University and University Alcohol Review Board. The unlawful use, possession, manufacture, dispensation, or distribution of controlled substances or alcohol in all University work locations is prohibited. Any employee at the University convicted of a criminal drug statute violation occurring in the workplace must notify his/her supervisor of the conviction within five (5) days after the conviction. As required by the Federal Drug-Free Workplace Act of 1988, the University must inform contracting or granting agencies of such convictions within ten (10) days after receiving notification from the employee or otherwise receiving notice of a conviction. A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students. Campus resources and personnel work with students facing problems associated with drug and alcohol abuse. The Student Health Center provides substance abuse counseling and referral assistance. The Center will make referrals to one of 50 Western New York licensed facilities whenever there is a need for in-patient care. In-patient facilities are operated independently of the University and are staffed by trained substance abuse counselors and mental health specialists. The Center works directly with students requiring out-patient care. The Center supervises and runs programs that include individual and group oriented workshops, and educational programs and training. Each semester, the Counseling Center offers a number of workshops and activities designed to help substantive abusive students. Confidential counseling sessions with experienced, licensed psychologists are also provided. The University also has available a number of substance abuse support organizations for students. These programs, with peer counseling orientation, enable the substance abusive student to receive encouragement from peers who have also experienced problems with substance abuse. Chapters of AA (Alcoholics Anonymous), SADD (Students Against Drunk Drivers), and ACOA (Adult Children of Alcoholics) have met regularly on the campus. Additional information regarding available alcohol counseling, rehabilitation and re-entry programs is available at the Student Health Center, 214 Michael Hall (829-3316) or at the Counseling Center, 120 Richmond Quad (645-2720). Employees at the University at Buffalo are served by the Employee Assistance Program (EAP), which provides individualized substance abuse assessments and referrals to appropriate community agencies. Services provided by the EAP Office are confidential and free to all University employees. Information about EAP can be obtained by calling 829-2144, 829-2231, or 887-2498. A clear statement that the institute will impose disciplinary sanctions on students and employees consistent with local, state, and federal law, and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct. A disciplinary sanction may include the completion of an appropriate rehabilitation program. The State University of New York at Buffalo will impose appropriate disciplinary sanctions on students and employees found to be in violation of standards of conduct as follows: The Student-Wide Judiciary is the judicial body established to consider cases involving student conduct violations. It has the power to institute and/or recommend the following range of sanctions: warning, notation on record, restitution, loss of privileges, disciplinary probation, removal from dormitory or other University housing, suspension, and expulsion. Loss of privileges or other sanctions may be consistent with the offense committed and the rehabilitation of the student. The violation of the terms of disciplinary probation or the infraction of any University rule during the period of disciplinary probation may be grounds for suspension from the University for a definite or indefinite period of time, and expulsion from the University, and other such sanctions may be approved by the University's judicial bodies. Action by University judicial bodies does not preclude the possibility of action by civil authorities under the New York State Penal Code, New York State Alcoholic Beverage Control Law, or rules of the State Liquor Authority. Civil prosecution may be sought in addition to, or in lieu of, any referral to University judicial bodies. Residence hall enforcement of any of the rules, regulations or laws regarding possession or consumption of alcohol by persons under the age of twenty-one years or any unlawful distribution of alcohol, or regarding any violation of applicable regulations by persons under the age of twenty-one years, shall be accomplished by the Department of University Police and/or University Residence Halls depending on the nature of the violation or circumstances. If possible, personnel of both departments should be involved in a decision to proceed with bringing charges against a student or students. Adjudication of cases shall be in accord with New York State Law and/or student conduct regulations. The University will take all steps necessary to assure the proper conduct of its activities. This may include the use of the counseling and discipline procedures. If a decision is reached to allow the affected employee to continue employment at the University, the employee may be required to participate in and satisfactorily complete an approved drug abuse assistance or rehabilitation program. The longstanding policy of the University is and has been that employees on campus will be subject to criminal, civil, and disciplinary penalties if they distribute, sell, attempt to sell, possess, or purchase controlled substances while at the workplace or while performing in a work-related capacity. Such illegal acts, even if engaged in off duty, may result in disciplinary action. It has also been the continuing policy of the University that campus employees are prohibited from on-the-job use of or impairment from alcohol or controlled substances. In those work locations where it is permitted, an employee may possess and use a controlled substance which is properly prescribed for him or her by a physician. For State employees, where an appointing authority or a designee has a reasonable suspicion that an employee is not able to perform his or her duties as a result of a disability which may be caused by alcohol or a controlled substance, the appointing authority may proceed under the provisions of Section 72 of the Civil Service Law and require that the employee undergo a medical examination to ascertain the cause of the disability. Where testing for alcohol or a controlled substance occurs, appropriate medical procedures and tests should be utilized to assure accurate and proper results. Confidentiality of the testing process and results is an important aspect of this procedure for any affected State employee. Such medical examinations may be required under the safeguards of Section 72 of the Civil Service Law for employees who are permanently appointed competitive employees or employees subject to due process before termination. Other State employees who are not entitled to any due process protections before being terminated or placed on involuntary examination may also be required to undergo such a medical examination, if appropriate under the circumstances. Once a determination is made that any employee at the University is using, is under the influence of, or is not able to perform his or her duties due to alcohol or a controlled substance, the appointing authority may determine the appropriate action to take. When considering the appropriate action to take, the appointing authority may determine that the affected employee should be disciplined because of the alcohol or drug use. Disciplinary action may be taken pursuant to the procedures contained in the collectively negotiated agreements or the law, as appropriate and required. The appointing authority may determine that, given the nature of the job and the employee involved, the employee could benefit from the Employee Assistance Program. In such a case, the employee may be referred to the appropriate EAP coordinator to assist him or her with whatever problem exists. EAP is a referral service available to every employee. Should the employee have a drug or alcohol related problem, EAP would provide the employee with a list of places which treat such conditions and assist the employee in making the contact. State Sanctions The State Penal Code has numerous penalties for the possession and sale of controlled substances; stimulants, LSD, hallucinogenic substances, and marijuana. Possession and sale of controlled substances sanctions range from misdemeanor to felony, with penalties ranging from one year to life. Marijuana possession and sale sanctions range from violations to felonies, with penalties from fines up to $1,000 and up to fifteen years in prison. Federal Sanctions Federal law has numerous penalties for the illegal possession of controlled substances, possession of crack cocaine, and trafficking in methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl, and fentanyl analogue. Possession sentences range from up to one year imprisonment and $1,000 fine to 20 years imprisonment and fines up to $250,000. Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance can be a sanction for convictions. Sanctions can also include denial of federal benefits, such as student loans, grants, contracts, public housing tenancy, eligibility to receive or purchase firearms, and professional and commercial licenses. Federal trafficking sanctions can range from one year imprisonment and $100 fine to life in prison and a fine of $8 million. For more information, contact Student Affairs or the appropriate Personnel Office. A description of the health risks associated with the use of illicit drugs and the abuse of alcohol. Illicit Drugs The use and overdose of illicit drugs, and withdrawal, can lead to physical and psychological dependence, behavioral changes, physical and psychological damage, and possible death. Possible effects from the use of illegal narcotics include euphoria, drowsiness, respiratory depression, constricted pupils, and nausea. Narcotic overdoses can produce slow and shallow breathing, clammy skin, convulsions, coma, and possible death. Withdrawal symptoms can include tremors, panic, cramps, nausea, chills, and sweating. Mothers who use drugs during pregnancy may give birth to infants with physical abnormalities and mental retardation. The unlawful use of depressants can cause slurred speech, disorientation, and drunken behavior. Overdoses can produce weak and rapid pulse, coma, and possible death. Withdrawal syndrome can include tremors, delirium, convulsions, and possible death. Illicit use of stimulants can cause increased alertness, excitation, euphoria, increased pulse rate and blood pressure, insomnia, and loss of appetite. Agitation, increase in body temperature, hallucinations, convulsions, and possible death are the effects of stimulant overdose. Withdrawal syndrome can include apathy, long periods of sleep, irritability, depression, and disorientation. Possible effects of the use of hallucinogens include illusions and hallucinations and altered perceptions of time and distance. Overdoses can produce longer, more intense effects, psychosis, and possible death. The use of cannabis can produce euphoria, relaxed inhibitions, increased appetite, and disoriented behaviors. Overdoses can result in fatigue, paranoia, and possible psychosis. Cannabis withdrawal can occasionally produce insomnia, hyperactivity, and decreased appetite. (For further information, contact Student Affairs or the appropriate Personnel Office.) Alcohol Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described. Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and liver. Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at a greater risk than other youngsters of becoming alcoholics.
A biennial review by the institute of its program to:
The Division of Student Affairs and Human Resources will jointly conduct a biennial review of program effectiveness and consistency. Their report will propose program and sanction changes as necessary for administrative consideration. For further information on University Substance Abuse Programs, contact:
Office of the Vice President for Student Affairs
State Personnel Services
Sponsored Programs Personnel Services
University at Buffalo Foundation
FSA Personnel Office of the Vice President for Student Affairs Human Resources
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Office of Judicial Affairs & Student Advocacy 252 Capen Hall University at Buffalo Buffalo, NY 14260-1605 Tel: (716) 645-6154 Fax: (716) 645-3376 Director: Elizabeth Lidano E-Mail: General Related Documents
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