The following 大发彩票 policy is designed to help create a workplace and campus environment that discourages the unauthorized or illegal use of drugs and/or alcohol by faculty and staff and to support the requirements of the Drug-Free Schools and Communities Act Amendments of 1989 and the Drug-Free Workplace Act of 1988. Listed below is information that is important for each faculty and staff member to read and understand regarding the legal penalties and the health risks that are associated with alcohol and drug abuse.
The following policy applies to all 大发彩票 employees, including full and part-time, temporary, student employees and interns, as well as volunteers. This policy will be distributed annually to all employees, and agreeing to comply with this policy is a condition of employment.
大发彩票 does not permit or condone the unlawful possession, use, consumption, sale, or distribution of illegal drugs and/or alcohol by employees on its property or as part of any of its activities. The University expects that all members of the 大发彩票 community who serve or consume alcoholic beverages will do so in a responsible, lawful, and non-abusive manner. The University also expects all members of the 大发彩票 community to comply with the laws of New York State as well as local statutes and ordinances pertaining to alcohol. Employees are prohibited from working, or operating any 大发彩票 vehicle or equipment, while under the influence of alcohol or controlled substances.
In addition, no passenger in a 大发彩票 vehicle may consume alcoholic beverages or use controlled substances while in the vehicle. Employees using medication are also prohibited from operating 大发彩票 vehicles/equipment at any time when their ability to do so might be impaired by the medication. Further, the possession, use, consumption, sale or distribution of alcohol during working hours is prohibited except on occasions when the consumption of alcoholic beverages in a social setting is authorized and sponsored by the University. The University reserves the right to prohibit consumption of alcohol in certain facilities and to limit the way alcohol is served at any given event.
Employees who violate this policy will be subject to appropriate disciplinary action, consistent with federal, state and local law, which may include counseling, mandatory participation in a rehabilitation program, unpaid suspension, loss of the privilege of operating a 大发彩票 vehicle, and/or termination of employment and referral for prosecution.
Legal Prohibitions
All employees are subject to the laws of New York State, including those pertaining to the possession, use, and sale of alcohol, marijuana, and other drugs referred to as 鈥渃ontrolled substances.鈥 Laws and penalties regarding unlawful possession, use, consumption, sale or distribution of illegal drugs and/or alcohol differ greatly from state to state (and country to country), and what may be legal in one state or country may not necessarily be legal in New York State. The following is a brief summary of these statutes and applicable penalties for violation as they exist at this time:
I. Alcohol
General:
A number of New York State statutes and local ordinances have been enacted to control the purchase, possession, consumption, and distribution of alcoholic beverages. All alcoholic beverages (beer and ale, wine, and liquor) are included under the provisions.
To legally purchase, possess, and consume an alcoholic beverage in the State of New York, one must be 21 years of age or older.
The use of 鈥渇ake I.D.鈥 to purchase alcohol is illegal, and if a person uses an altered New York State driver's license or a license belonging to someone else as evidence of age, the law calls for suspension of the person's actual license to drive a motor vehicle for up to one year, up to $1,000 in fines, or up to 90 hours of community service, as well as possible mandatory participation in an alcohol awareness program. Multiple offenses may also lead to the suspension of a person鈥檚 driver鈥檚 license until age 21 and mandatory evaluation for alcoholism.
Possession:
Persons under age 21 are prohibited from possessing alcoholic beverages if they intend to consume them. If a person under 21 is found guilty of possession of alcoholic beverages, which they intend to consume, the person may be fined, and/or required to complete an alcohol awareness program, and/or community service of up to 30 hours.
Purchase & Service:
If a person purchases alcoholic beverages and serves them to a person who is under 21 years, the purchaser/server may be charged with 鈥淯nlawfully Dealing with a Child.鈥 This crime is a misdemeanor, and a conviction under it can result in fines, imprisonment, and a permanent criminal record, or probation of up to three years.
Driving While Intoxicated and Driving With Ability Impaired:
Attempting to operate a motor vehicle while under the influence of alcoholic beverages or other drugs is an extremely dangerous practice, which may result in injury or death. In addition, persons who operate a motor vehicle while under the influence of alcoholic beverages or other drugs are subject to arrest and conviction for Driving While Intoxicated (DWI) or Driving With Ability Impaired (DWAI). A person operating a motor vehicle with a blood alcohol level of 0.08% or more can be arrested and convicted of Driving While Intoxicated, a misdemeanor under New York State's Vehicle and Traffic Law. Sanctions include revocation of driving privileges for at least six months and a fine of up to $1,000 and/or face imprisonment for one year.
Persons operating a motor vehicle with a blood alcohol level of 0.05% - 0.07% are subject to arrest and conviction for DWAI. Persons found guilty of DWAI as a first offense may be fined $500 and have their licenses suspended for three months and/or face imprisonment of up to 15 days. Persons operating a motor vehicle under the influence of drugs other than alcoholic beverages are subject to arrest for DWAI by Drugs, a misdemeanor. A person found guilty of this offense will have their license revoked for six months, be fined $1,000 and/or face imprisonment of up to one year.
A person under the age of 21 operating a motor vehicle with a blood alcohol level of 0.02% to 0.07% can be arrested under New York State's Zero Tolerance Law. On a first offense, driving privileges will be lost for six months, on a second offense, the right to drive is lost for one year or until the age of 21, whichever is longer.
II. Marijuana
Possession of marijuana is prohibited as a controlled substance under Federal law.
Although New York State has legalized the use of marijuana, 大发彩票 is subject to federal laws that continue to prohibit the possession, use or distribution of marijuana for any reason and for any purpose. Therefore, a person may not use, possess or distribute marijuana on campus or as part of any of its activities for any reason or under any circumstances.
III. Controlled Substances
The Penal Law