Drug Policy
I. The unlawful manufacture, distribution, dispensing, possession, or use of an illegal drug is prohibited on Vassar College property or as part of any activity sponsored by the College.
II. Drug abuse in the work place is a danger and a detriment to all members of the Vassar College community, including faculty, administration, staff and the students. It is therefore the intent of this policy to maintain a drug-free work place.
III. Vassar College cannot and will not protect students or staff from prosecution under federal, state, or local laws.
IV. Students are cautioned that the College does not provide sanctuary from the law, nor are students immune from legal investigation or arrest by civil authorities resulting from the possession, use and sale of any dangerous drugs. The sale or transfer of illegal drugs will result in immediate suspension from the College and possible prosecution under Section 220.000 of the New York State penal code. Further, persons suspected of using illegal drugs or voluntarily being in the presence of their use will be subject to possible disciplinary action by the College.
Additional information concerning the dangers of drug abuse is available at the Office of the Health Educator (William Kernan) @ X 7769, the Counseling Service at Metcalf House @ X5700 or Health Services at Baldwin House @ X5800.
V. Drug counseling for students is available at the Counseling Service.
VI. Drug paraphernalia is not allowed anywhere on the College campus.
Students interested in further information, counseling, and/or support services are urged to refer to the drug and alcohol counseling resources listed in the Student Handbook.
Drug and Alcohol Use and/or Abuse - Legal Considerations
Selling illicit drugs is a criminal offense punishable by a fine or imprisonment depending on the specific offense and other factors such as prior convictions for similar offenses. Driving while intoxicated is against the law and can result in revocation of your driver's license or even imprisonment in some cases. You may also be arrested and put in jail for purchasing or attempting to purchase alcohol if you are under 21. It is a crime in New York State to knowingly allow marijuana to be grown.
Vassar College believes that the more you know about the laws against illicit drugs and alcohol, the more likely it is that each of you will be responsible and avoid committing criminal offenses. Therefore, the following is a brief overview of local, State and Federal laws governing the possession, use, and distribution of illicit drugs. This overview is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to put you on notice as to the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct. The following information is intended to supplement the discussion of applicable laws governing the sale, possession and use of alcohol in New York State and the statement of the College alcohol policy included in the Student Handbook.
Drug Offenses and Penalties
1. Growing Marijuana: Growing marijuana or knowingly allowing it to be grown without destroying it is a Class A misdemeanor, punishable by up to 1 year in jail. Public Health Law 33.82, 33.83, 33.96.
2. Selling or Possessing Hypodermic Needles: Selling or possessing a hypodermic needle without a doctor's written prescription is also a Class A misdemeanor. Public Health Law 33.81, 33.83, 33.96.
3. Imitation Controlled Substances: Manufacturing, selling, or possessing with intent to sell, an imitation controlled substance is a Class A misdemeanor; the second offense in 5 years is a Class E felony punishable by 1-4 years in a state prison. Public Health 33.83, 33.96.
4. Driving While Ability Impaired By Drugs: Driving a motor vehicle with ability impaired by drugs is subject to the same penalties as driving while intoxicated. Vehicle and Traffic Law 11.95(2), 11.93; Penal Law 70.00(2)(e). Public Health Law 33.83, 33.96.
5. Unlawful Possession and Distribution of Controlled Substances: Most crimes involving the unlawful possession and distribution of drugs are defined under the New York State Penal Law. The Penal Law contains exhaustive lists of various controlled substances, specific types of offenses, and sanctions ranging from a fine of not more than $100 to imprisonment for life. Examples of crimes under New York law include loitering with the intent to use drugs, appearing in public under the influence of drugs, using or possessing drug paraphernalia, and selling or possessing actual controlled substances.
A person with no previous drug or marijuana convictions in 3 years who is found guilty of possessing less than 25 grams (about 9/10 of an ounce) of marijuana for private use may be fined up to a maximum of $100, whereas conviction of possessing even1 gram of a controlled narcotic substance can result in imprisonment for up to one year. The criminal sanctions become much more serious depending on the amount possessed and whether or not it is possessed with the intent to distribute. For example, possession of even one gram of a narcotic drug with the intent to sell it is a Class B felony punishable by up to 25 years in prison. A person who is convicted of the sale of more than 2 ounces of a controlled narcotic substance in New York State can be sentenced to a term of imprisonment for life.
Of course, the Penal Law provides for a variety of sanctions depending on the offense. Persons convicted of a drug offense in New York may be sentenced to any one of the following: a conditional discharge which may include any amount or type of community service that the sentencing court deems appropriate, probation, shock probation which is a combination of jail time and probation (60 days plus up to 3 years probation for a misdemeanor; 6 months plus up to 5 years probation for a felony); intermittent imprisonment which may include weekends and/or work Saturdays; or straight jail time.
6. Federal Law: Federal drug laws parallel New York State drug laws in many respects. For example, it is a Federal offense to manufacture, distribute, or possess with intent to distribute, a controlled substance or a counterfeit controlled substance. Under the New York Penal Code, any property associated with the unlawful handling of controlled substances may be forfeited to the authorities. Federal law also provides that a person age 18 or older who distributes a controlled substance to a person under 21 years of age may be sentenced to a term of imprisonment and/or a fine of up to twice the amount authorized for distribution to a person over the age of 21.
An important sanction under the Federal Law is that persons convicted of any Federal or state offense involving possession of a controlled substance are ineligible to receive any or all Federal benefits for up to 5 years.
There are both Federal laws and New York State laws specifically dealing with the distribution or manufacturing of controlled substances in or near schools or colleges. For example, Federal law provides that a drug offense committed within 1,000 feet of school or college property is punishable by a term of imprisonment and a fine of up to twice the amount authorized for the same offense committed away from school property.
HEALTH RISKS OF ALCOHOL AND DRUG ABUSE
If you think it is safe to engage in "recreational" drug use or "social" drinking, you could be dead wrong. The fact is that drugs and alcohol are toxic to your body and if abused can have catastrophic consequences on your health. Some drugs, such as crack, are so toxic that even one experimental use can be fatal. When it comes to drugs and alcohol, what you don't know cannot only hurt you, it can kill you.
Alcohol Policy
Introduction
As of January 1, 1990, New York State law prohibits anyone under the age of 21 from possessing alcohol if they intend to consume it. The law makes no distinction between alcohol that is purchased or received as a gift, nor does it distinguish between consumption in public versus private areas. It is illegal for anyone under 21 to misrepresent his or her age and/or use false identification for the purpose of obtaining alcohol. This policy statement includes the text of the law, an explanation of its implications, and additional College regulations regarding the use and possession of alcohol on the Vassar campus.
Student Responsibility
1. The use of alcohol on the Vassar College campus by Vassar College students, faculty and staff is subject to the New York State Alcoholic Beverage Control Law and certain provisions of the New York State Penal Law. All members of the College community are expected to be familiar with these laws as well as College regulations regarding the use of alcohol on campus.
2. Vassar College complies with the New York State Law which prohibits anyone under the age of 21 from possessing alcohol with the intent to consume it. In New York State, it is illegal to consume alcohol if you are under 21 years of age.
3. The responsible use of alcohol on campus by those of legal age is a social privilege which, if abused, may be revoked by the College. Each member of the community is responsible for their sobriety and personal discipline in this area.
4. Students are recognized as adults and are expected to obey all local, state, and federal laws as well as college policies and regulations. Students will be held responsible for their own conduct. Because intoxication implies consumption, students under the age of 21 who are intoxicated on campus may be referred to the College Regulations Panel for disciplinary action.
5. Students will be subject to college discipline if their use of alcohol generates disorder, creates a disturbance, damages property, or presents a danger to themselves and/or others.
New York State Alcoholic Beverage Laws and Penalties
The sale and use of alcoholic beverages are subject to the New York Alcoholic Beverage Control (ABC) Law, Vehicle and Traffic (V & T) Law, and Penal Law, as well as municipal ordinances. The most common offenses and penalties are:
1. Open Container: Local municipalities usually prohibit the consumption of, or possession of an open container with the intent to consume, an alcoholic beverage in any public place or on private property without the owner's permission. Violations are punishable, for example, by a fine of up to $150 and/or up to 15 days in jail.
2. Minor in Possession: Any person under age 21 who is found to be in possession of alcohol with the intent to consume it may be punished by a fine of up to $50 and/or required to complete an alcohol awareness program and/or to provide up to 30 hours of community service. ABC Law 65-c.
3. Providing False Identification: A person under 21 who presents false written evidence of age for the purpose of purchasing or attempting to purchase any alcoholic beverage, may be punished by a fine of up to $100, community service of up to 30 hours, and/or completion of an alcohol awareness program. ABC Law, 65-b(1). If a New York driver's license was used as the false identification, the court may suspend the violator's license for 90 days. ABC Law, ' 65-b(3). In addition, since the ABC Law now requires sellers of alcoholic beverages to demand a drivers license, passport, or armed forces ID card as evidence of age, the consequences of altering one of the required forms of official ID to do so is more serious. Possession of a forged instrument with the intent to defraud is a Class D felony, punishable by a fine up to $5,000, imprisonment up to 7 years, or both. Penal Law, 170.25. Nonresidents of New York may apply for a State "Non-driver Identification Card" in lieu of a driver's license. Applications are available at any Motor Vehicle Office.
4. Furnishing Alcohol to a Person Under Age 21: No person may sell, deliver or give an alcoholic beverage to a person actually or apparently under the age of 21. (The Law does not apply to the parent of a minor). Penal Law, 260.20(2) and ABC Law, 65(1). Individuals violating this law are guilty of a Class A misdemeanor, and may be subject to a fine not exceeding $1000, a term of imprisonment not to exceed 1 year, or both. ABC Law, 130(3) and (5) and Penal Law 70.15(1)(a), 80.05(1).
5. Liability for Injury Caused by Furnishing Alcohol to Persons Under 21: Any person who shall be injured in person, property, means of support, or otherwise by reason of the intoxication or impairment of ability of any person under the age of 21 years shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of 21 years. General Obligations Law, 11-100 (1).
6. Selling Alcohol to an Intoxicated Person: No person shall sell, deliver or give an alcoholic beverage to a visibly intoxicated person. ABC Law, 65 (2).
7. Liability For Injury Caused By Sale of Alcohol to any Intoxicated Person: Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages. General Obligations Law, 11-101(1).
8. Driving While Intoxicated: Operating a motor vehicle while intoxicated, as determined by a blood-alcohol test result of .10% or higher, is a misdemeanor punishable by a fine of $500 to $1000 and/or imprisonment for up to 1 year, as well as suspension or revocation of the driver's license. Repeated offenses can result in more serious penalties: For example, a second DWI conviction in ten years is a felony punishable by up to 4 years in a State penitentiary, a fine of $1000 to $5000, and license revocation for at least 1 year. V & T Law, 1192(2), (3); 1193 (1)(b), (c); and Penal Law 70.00(2)(e).
9. Driving While Ability Impaired: Operating a motor vehicle while not legally intoxicated, but with a blood-alcohol content of at least .05% but less than .07% (relevant evidence of impairment) or with at least .07% but less than .10% (prima facie evidence of impairment), is a misdemeanor punishable by up to 15 days in jail, a $300 to $500 fine, and a 90 day driver's license suspension. The penalties increase for the 2nd and 3rd offenses, up to 180 days in jail, a $1500 fine, and a 1 year license suspension. V & T Law, 1192(1), 1193(1)(a).
10. Operating a Motor Vehicle After Consuming Alcohol While Under Age 21: Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, and a $125 charge to be imposed by a hearing officer, although the violation is not to be considered as "a judgment of conviction for a crime or any other offense." V & T Law 1192-a, 17.