The Federal Drug-Free Schools and Communities Act Amendments of 1989 (“Amendments”) require that colleges adopt and implement a program for prevention of the unlawful possession, use, or distribution of illicit drugs and alcohol on-campus or as part of college activities that occur off-campus.
The Amendments further require that information about the program be distributed annually to every member of our community. Such information must include the College’s policy statement about the unlawful use, possession, or distribution of alcohol or illicit drugs; and a description of the College’s disciplinary sanctions, applicable local, state, and federal criminal sanctions; the associated health risks of drug and alcohol abuse, and the available support services for help in dealing with problems of drug and alcohol abuse.
The program and its underlying policy are reviewed regularly and amended or revised in accordance with our experience and with changes in applicable local, state, or federal laws and regulations. Students should note in particular that under New York law possession of alcoholic beverages by persons under 21 with the intent to consume the beverage is unlawful and for those over 21, a college I.D. is not acceptable proof of age.
Any inquiries about the program may be made to the Office of Alcohol and Substance Awareness Program (ASAP) (x42128); Rosemary Furman Counseling Center (x42092); Barnard College Student Health Service (x42091); Human Resources (x42551), and the Office of the General Counsel (x42088). We encourage anyone who believes that he or she has a problem with drug or alcohol abuse to seek help through these offices or through the services listed in the attached statement.
Attached is a copy of the policy adopted by Barnard pursuant to these requirements, which applies to all of the College’s faculty members, students, and staff members. This information should be read very carefully by everyone.
Barnard College is committed to creating for its students, faculty and staff an environment in which the misuse of alcohol and drugs is minimized, which encourages moderation, safety and individual accountability, and which provides an atmosphere free of coercion and peer pressure to abuse alcohol or use unlawful drugs. Barnard strongly supports educational and treatment programs as the most effective means to help reduce and prevent alcohol and drug abuse. At the same time, the College prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students, faculty members, or staff members while on College property or while participating in College-sponsored activities or conducting College business off-premises.
In developing this policy, we acknowledge that we cannot guarantee that policies or laws concerning the use of alcoholic beverages will be observed by everyone at the College. Instead, we must also rely on the judgment of students, faculty and staff to be mindful of the health, safety and well-being of themselves, and of their friends and guests, by observing the laws and policies contained in this policy.
The unlawful possession, use, or distribution of illicit drugs on College premises or at College activities are strictly prohibited.
The sale, service, possession, and consumption of alcoholic beverages on College premises or at related College activities must comply fully with all applicable laws. New York State law provides that:
“No person shall sell, deliver, or give away or cause or permit or procure to be sold, delivered, or given away any alcoholic beverages to--
(Section 65 of the NYS Alcohol Beverage Control Law) Violation of this Law is a misdemeanor.
“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 … to such person, is guilty of an offense ….” (Section 65-a of the NYS ABC Law)
“No person under the age of twenty-one years shall present or offer to any licensee under this chapter [the alcoholic beverage control law], or to the agent or employee of such license, 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.” (Section 65-b2.(a) of the NYS ABC Law)
The only permissible forms of identification for the purchase of alcoholic beverages are a valid U.S. or Canadian driver’s license, a New York State Department of Motor Vehicles Non-Driver Identification card, a valid passport, or military identification. College identification cards are not acceptable. (Section 65-b2.(b) of the NYS ABC Law)
In addition, New York State law states that “no person under the age of twenty-one years shall possess any alcoholic beverage … with the intent to consume such beverage.” (Section 65-c of the NYS ABC Law)
At all events or activities at which any alcoholic beverage is to be served or sold, the individual or group sponsoring such shall be responsible for compliance with all laws and regulations as well as College policies, regarding alcoholic beverages. In addition, the following standards must be respected:
Further, the Offices of the Alcohol and Substance Awareness Program (ASAP), Residential Life and Housing, and College Activities have developed specific policies and procedures governing activities and facilities with regard to alcoholic beverages. Individuals and groups are to contact these offices in advance when alcoholic beverages are to be served or sold.
Members of the College community who violate this policy will be subject to discipline. Taking into account the circumstances of each case, sanctions for students may range from warnings to expulsion from the College, and sanctions for faculty and staff members may range from warnings to termination. At the discretion of the College, as an alternative to, or in addition to any disciplinary action taken, students or employees may be required to participate in and to complete satisfactorily an appropriate counseling or rehabilitation program. Records of such discipline may be maintained in a student’s record or an employee’s personnel file. Enforcement of these sanctions will be through the College’s existing disciplinary procedures for students, faculty, and staff, as appropriate.
The unlawful possession, use or distribution of illicit drugs and alcohol is punished by harsh sanctions by the State of New York and by the United States Government.
Where illicit drugs are involved, the seriousness of the offense and the penalty imposed upon conviction usually depends upon the individual and the amount of the drug held or sold. 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 to 25 years, and a maximum of life in prison. Fines of up to $100,000 may also be imposed. The sale of two or more ounces of cocaine will be similarly treated. The criminal possession of more than eight ounces of marijuana is a Class E felony, punishable by up to two years in prison and a fine of up to $5,000 as is the sale of more than 25 grams of marijuana. It is important to be aware that, in New York, even giving drugs, including marijuana, is treated as a sale.
A person need not be in actual physical possession of a controlled substance to be guilty of a crime. The unlawful presence of a controlled substance in an automobile is presumptive evidence of knowing possession of each passenger unless the substance is concealed on the person of one of the occupants. Similarly, the presence of certain substances, including marijuana, in open view in a room under circumstances demonstrating an intent to prepare the substance for sale is presumptive evidence of knowing possession of anyone in close proximity.
Criminal penalties may also result from the misuse of alcoholic beverages. In New York, if one gives or sells an alcoholic beverage to a person under 21 years of age, the person commits a Class A misdemeanor, punishable by up to one year in jail and a $1,000 fine. The sale of any kind of alcoholic beverage without a license or permit is also a misdemeanor punishable by a fine, a jail term, or both. Persons under the age of 21 are prohibited from possessing alcoholic beverages with intent to consume them. Each violation is punishable by a $50 fine. The beverages may also be seized and destroyed by appropriate internal or external authorities. An individual can be fined up to $100 and/or required to perform community service and/or required to complete an alcohol awareness program if he or she is under 21 and presents a falsified proof of age when attempting to purchase alcoholic beverages. A person can have a driver’s license suspended between 90 - 180 days if he or she is under 21 and uses a driver’s license to try to purchase alcohol illegally.
These are only examples of the penalties that can be assessed against a person for the illegal possession, use, and distribution of alcoholic beverages and drugs. It is the College’s policy to discourage violations of federal, state, and local law by its employees and students. Where appropriate, the College may refer employees and students who violate such laws for prosecution by the relevant governmental authorities and will cooperate fully with such authorities.
The following are summaries provided by the federal government of the health risks associated with illicit drug use and alcohol abuse. These are an overview and each individual will experience the drug or alcoholic beverage in a different way given his or her physical and psychological characteristics.
Alcoholic consumption causes a number of marked changes in behavior. Even low doses significantly impair judgment and reduce the 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 are associated with a variety of aggressive acts, including sexual assault, and 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, which vary greatly for different people, can 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 the 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 greater risk than other youngsters of becoming alcoholics.
Barnard College educates students about alcohol and drug use through specific programs throughout the year, such as programs in the residence halls, and through published information and other services offered by the offices of the Alcohol and Substance Awareness Program (ASAP), and the Student Health Services.
Similarly, employees may seek the assistance of the Human Resources Department in locating appropriate services. Labor unions may also be of assistance to their members.
There are a wide range of drug and alcohol abuse treatment programs in New York City. The following is a sampling of the self-help and resource organizations which are located in New York and which offer services or referral information at little or no cost:
Alcoholics Anonymous Inter-Group 212-647-1680
Alcoholism Council of New York 212-252-7001
Cocaine Anonymous 800-347-8998
Marijuana Anonymous (12-Step Program) 212-459-4423
Narcotics Anonymous 212-929-6262
New York State Drug Information Line 800-522-5353
In addition, there are numerous private and voluntary programs offering different types of alcohol and drug treatment services. Most require payment or appropriate medical insurance. Information and referrals are available through the Alcohol and Substance Awareness Program.
Finally, additional information may be found online at the New York State Office of Alcoholism and Substance Abuse Services web page service for New York treatment programs (www.oasas.state.ny.us) and the nation-wide treatment location web service of the Substance Abuse and Mental Health Services Administration (www.samhsa.gov).
If you have any questions about these programs, or about any other aspect of this policy, please call:
1) Alcohol and Substance Awareness Program (ASAP) 854-2128
2) Rosemary Furman Counseling Center 854-2092
3) Barnard College Student Health Service 854-2091
4) Human Resources 854-2551
5) Office of the General Counsel 854-2088
Policy Reviewed: July 2011
Policy Modified: April 2012