Congress has passed and the President has signed the Drug-Free Workplace Act of 1988 and Drug-Free Schools and Communities Act of 1989. The following is the Drug and Alcohol Policy for employees and students at the State University of New York at New Paltz.

Employees
New York State prohibits on-the-job use or impairment from alcohol and controlled substances. An employee may be required to undergo medical testing if a supervisor has a reasonable suspicion that he or she is unable to perform job duties due to a disability that may be caused by the use of drugs or alcohol.

If the cause of the disability is found to be drug or alcohol related, the personnel or employee relations officer in conjunction with the employee's supervisor, may refer the employee to voluntary and confidential participation in the statewide Employee Assistance Program. Other available options include pursuing disciplinary leave procedures or disciplinary measures.

Violations of the State policy on alcohol and substance abuse in the workplace may be the subject of disciplinary action pursuant to Section 75 of the Civil Service Law or the Disciplinary Articles of collectively negotiated agreements.

The term "controlled substances" as used herein refers to the hundreds of chemicals listed by the federal government in the Controlled Substances Act.

• The unlawful use, possession, dispensation, manufacture or distribution of controlled substances in all New Paltz work locations is prohibited.
• Employees who unlawfully use, possess, dispense, manufacture or distribute controlled substances will be subject to disciplinary procedures consistent with applicable laws, rules, regulations, and collective bargaining agreements.
• Employees must notify New Paltz Office of Human Resources of any criminal drug statute conviction for a violation occurring in the workplace, or at a work site, no later than five (5) working days after such conviction.

Students
Regulations concerning substances are contained in the Campus Regulations and Judicial Procedures. The State University of New York at New Paltz has promulgated and enforces the following policies:

No Second Chance Policy
This policy states that the minimum sanction generally imposed for violations of the policy on controlled substances is Expulsion (permanent separation) from New Paltz, and, where appropriate, the imposition of criminal charges.

• No person shall use, possess, or have under his/her control any narcotic or dangerous drug, not prescribed by a licensed physician, including but not limited to, cocaine, heroine, opiates, barbiturates, amphetamines, organic or synthetic depressants, stimulants and hallucinogens, or any other substance prohibited or controlled by Federal or State law.
  (Penalties: for possession of marijuana, first offense; not less than Disciplinary Probation and educational and/or clinical intervention, not more than Expulsion. Possession of marijuana, 2nd offense; not less than Expulsion. Possession of all other controlled substances; not less than Expulsion. Persons in possession of a controlled substance may be arrested and charged under the New York State penal code, and be subjected to fines and/or imprisonment).
• No person shall sell, offer for sale, give away or otherwise attempt to distribute any narcotic or dangerous drug, as described above.
  Penalty: not less than Expulsion, and where possible the imposition of criminal charges.
• Any person found in possession of drug paraphernalia (water pipes, bongs, hypodermic needles, etc.) shall have such item(s) confiscated and may be subject to disciplinary action and where appropriate, the imposition of criminal charges.
  Penalty: not less than Warning Probation, not more than Suspension.

Beverage Alcohol Policy
No person shall possess, sell, or give away alcoholic beverages without proper authorization in any building or on any property owned or controlled by the College. (See policy on "Use of Campus Grounds" and "Alcohol" under Related Documents). Alcoholic beverages are permitted in student rooms within the residence halls, provided, however, that no person under the age of 21 may possess alcoholic beverages with the intent to consume such beverage.

• Persons 21 or older may possess alcoholic beverages in moderate amounts in their individual residence hall room or suite with the following limitations:
  • No person shall sell, deliver, or give away any alcoholic beverage to;
    • any person under the age of 21
    • any person who may be considered intoxicated
• Any guest (student or non-student) 21 years of age and older, who is visiting a resident under the age of 21 is not permitted to bring alcohol into the halls.
• Open containers may not be possessed by any person outside of the student's room, or elsewhere on campus unless legally authorized in accordance with College policy, local ordinances, and State law. Kegs and beer balls are not permitted in the residence halls. Unauthorized kegs and beer balls will be confiscated.

The College holds persons responsible for their behavior at all times, including while under the influence of alcohol.

(Penalty: not less than Warning Probation; not more than Suspension).

Violators have been given sanctions ranging from disciplinary warning to disciplinary probation and denial of campus residency. Violators are subject to arrest and prosecution in Town Court.

Types of Drugs

Schedule I:
Heroine, LSD, Mescaline, Psilocybin, other Hallucinogens, PCP, Quaalude, and MDA.

Schedule II:
Morphine, Demerol, Codeine, Percodan, Fentanyl, Dilaudid, Seconal, Nembutal, Cocaine, Amphetamines and other opium and opium extracts and narcotics.

Schedule III:
Certain barbiturates such as amobarbital and codeine containing medicines such as Fiorinal #3, Doriden, and codeine-based cough suppressants and all anabolic steroids.

Schedule IV:
Barbiturates, narcotics and stimulants including Valium, Talwin, Librium, Equanil, Darvon, Darvocet, Placidyl, Tranzene, Serax, Ionamin (yellow jackets).

Schedule V:
Compounds that contain very limited amounts of codeine, dihydro-codeine, ethylmorphine, opium, and atromine (Robitussin AC).

Schedule VI:
Marijuana, Hashish, Hash Oil, Tetrahydrocannabinol.

Federal
The Federal Controlled Substances Act provides penalties up to 15 years imprisonment and fines up to $25,000 for unlawful distribution or possession with intent to distribute narcotics. For unlawful possession of a controlled substance, a person is subject to one year of imprisonment and fines of up to $5,000. Any person who unlawfully distributes a controlled substance to a person under 21 years of age may be punished by up to twice the term of imprisonment and fine otherwise authorized by law.

Federal trafficking penalties for Schedule I&II drugs range from a minimum of 5 years to a maximum of life in prison. Penalties for trafficking Schedule III&IV drugs range from 3 to 5 years in prison and a fine of $25,000. Federal penalties for trafficking marijuana range from 5 to 10 years of imprisonment and up to a $5 million dollar fine.

New York State
The State of New York has established severe sanctions for the possession, use, and sale of controlled substances that are consistent with Federal penalties established for such. The specific criminal sanctions are delineated in the New York State Penal Law. The severity of the offense depends on the type and quantity of the illegal substance, as well as the holders intent (personal use, distribution or sale. For example, in New York State, the criminal possession of four or more ounces of cocaine is a class A-1 felony, punishable by a minimum of 15-25 years and a maximum of life in prison. Unlawful possession of marijuana (section 221.05 NYS Penal Law) is a violation, resulting in a fine of not more that $200 for the first offense. Additional violations result in larger fines and the imposition of misdemeanor criminal charges, which include the establishment of a permanent criminal record.

New York State Laws Regarding Alcohol Violations (not inclusive)

Violation & Penalties

Driving While Ability Impaired (BAC up to .08)
$300 minimum fine, $500 maximum fine, up to 15 days in jail and 90 day revocation of license for first offense.

Driving While Intoxicated (DWI) (BAC of .08 or more)
$500 minimum fine, $1000 maximum fine, up to one year in jail and min. 6 month license revocation

Felony Driving While Intoxicated (second DWI conviction in 10 years)
$1000 minimum fine, $5000 maximum fine, up to 4 years in jail and min. of one year license revocation

Furnishing Alcohol to persons under the age of 21
$1000 fine, 1 year in jail and/or 3 years probation

Possession by persons under the age of 21
$50 fine per offense

Use of false ID for alcohol purchase
$200 fine, 5 days in jail, or both, revocation of false N.Y.S. driver's license for 90 days.

Attention Drivers Under 21
Sale of alcoholic beverages to anyone under 21 years of age is illegal in New York State and "zero tolerance" means that drinking and driving by young people will not be tolerated on our highways, even if the amount of alcohol consumed is very small. The new law took effect November 1, 1996.

What is Zero Tolerance?
The Zero Tolerance Law makes it illegal for a person under age 21 to operate a vehicle after consuming any alcohol, which the law defines as having a blood alcohol concentration (BAC) of between .02 and .07. Higher BAC levels may result in charges of driving while ability impaired (DWAI) or driving while intoxicated (DWI).

How is Zero Tolerance Different than Other DWI Laws?
Violation of the Zero Tolerance Law is not a criminal conviction. If a police officer has grounds to believe a young driver has consumed alcohol (such as the presence of an open beverage container in the car), the officer may detain the driver for the purpose of requesting or administering an alcohol chemical test (for example, a breathalyzer). A driver who is found to have a BAC of .02 to .07 is notified to appear at a DMV hearing. A driver who refuses to take a BAC chemical test will be notified to attend at DMV hearing for refusing to take a chemical test.

What are the Penalties?

• The penalties for a Zero Tolerance violation are: a 6-month license suspension, a $125 civil penalty and a $100 suspension termination fee.
• A subsequent offense results in: a license revocation for at least 1 year or until age 21, whichever is longer, a $125 civil penalty and $100 license re-application fee.
• The penalties for a Zero Tolerance violation chemical test refusal are: license revocation for at least 1 year, a $300 civil penalty and a $50 license re-application fee.
• For a subsequent finding for a chemical test refusal, the penalties are: a license revocation for at least 1 year, a $750 civil penalty and a $50 license re-application fee.

How Long Does a Zero Tolerance Finding Remain on the Driver's Record?
It's on the driver's record for 3 years or until the driver reaches 21 years of age, whichever is longer. DWI and DWAI convictions remain on the driver's record for 10 years.

Can a Person Who Violates This Law Receive a Conditional License?
Zero Tolerance violators may be eligible for the Drinking Driver Program and can be granted a conditional license if they meet program eligibility requirements.

Health Risks
The use of illegal drugs, tobacco and the abuse of alcohol may have serious health consequences, including damage to the heart, lungs and other organs. Alcohol-related accidents are the number one cause of death for persons aged 15-24. The most significant health risk, besides death, is addiction. Chemical dependency is a disease that, if not arrested, is fatal. No addict (including alcoholics and smokers) ever thought he/she would become addicted.

• The use of cocaine or amphetamines greatly increases the risk of a heart attack.
• Stimulants ("uppers", speed, crack, methyl, crystal) may cause permanent damage to the brain, heart, lungs, and other organs from long term use.
• Medical consequences of alcohol abuse include liver damage and disease, gastrointestinal problems and brain damage, as well as causing injury to the fetus during pregnancy.
• Abuse of alcohol and marijuana during puberty can result in an imbalance of sex hormones resulting in reduced muscle mass and shrinkage of testicles in males and menstrual difficulties and infertility in females.
• Inhalants ("poppers", rush, laughing gas, glue, paint thinner) may cause mental confusion, mood swings, delusions and hallucinations.
• The risk of breast cancer is increased by 30% among women who consume as few as 3 alcoholic drinks per day.
• Depressants ("downers", ludes, reds, 714s, barbs) greatly increase the risk of car crashes because they affect vision, judgment, coordination and physical skills.
• The use of hallucinogens, especially PCP, can result in an irreversible drug-induced psychotic state and/or delusions that may trigger life-threatening behavior.
• Users of heroin and other opiates risk HIV infection/AIDS from sharing needles.
• In cases of rape, 75% of the men and 55% of the women involved had been using alcohol or other drugs.

About Alcohol

O-1-3 Means It's Okay Not to Drink
For those who choose to use, it's risky to set limits based on how a person is feeling while drinking. Alcohol is a drug and drinks should be carefully counted by people who choose to use.

Resources: Where to go for Information & Assistance

On Campus

Psychological Counseling Center
Student Health & Counseling Center
(round building across from Gage Hall)
257-2920

• Individual counseling
• Group counseling
• Referrals to agencies & practitioners

OASIS Crisis and Non-Crisis Hotline
Deyo Hall, 257-4945

• Peer walk-in and hotline services
  (OASIS is a subsidiary of the Psychological Counseling Center)

Student Health Services
Student Health & Counseling Center
(round building across from Gage Hall)
257-3400

• Medical evaluation and treatment
• Physician counseling and general information

Employee Assistance Program
OMB 224, 257-2886

• Confidential referral services for all College employees

Student Association Attorney
SUB 422, 257-3082

• Free consultation for students

Center for Student Development
SUB 301, 257-3088

• Alcohol, Tobacco and Other Drug Research and Educational Programming
• Promotion of wellness and healthy lifestyle choices

Off-Campus

Ulster County Mental Health Services
560 Rt. 299, Highland, NY 883-9747

• Individual and Group Counseling
• Crisis Services
• Mandatory DWI treatment program

Mental Health Association in Ulster County
Kingston, NY
336-4747

• Provides information and referral to support groups and private practitioners

Family of New Paltz
51 Church Street, New Paltz, NY
255-8801

• Hotline and crisis intervention services
• Referrals to appropriate agencies
• Advocacy

Ulster County STOP DWI
340-3448

• Victim Impact Panels
• TIPS Training and other services

Numbers to Call

• A.A. (Alcoholics Anonymous) Ulster 331-6360, Dutchess 452-1111
• AL-ANON (Significant Others) 339-5116
• National Helpline for Substance Abuse and Referral Services 1-800-262-2463
• N.A. (Narcotics Anonymous) 431-9011
• NYS AIDS Hotline 1-800-541-AIDS (2437), en espanol 1-800-344-7432
• NYS AIDS Counseling & Testing (free and anonymous)1-800-828-0064
• NYS Alcohol and Substance Abuse Hotline 1-800-522-5353
• National Clearinghouse for Alcohol and Drug Info 1-800-SAY-NO-TO (729-6686)
• National Clearinghouse for Alcohol and Drug Info - Referral Services 1-800-662-HELP (4375)
• Poison Control Info 1-800-336-6997