SUNY Plattsburgh Drug & Alcohol Abuse Prevention Policy

The Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, require that, as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education (IHE) must certify that is has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by student and employees on their campus or any part thereof.

In accordance with the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965 as amended by the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, Plattsburgh State University adopts the following policy to prevent the unlawful possession, use and distribution of illicit drugs and alcohol by employees. Plattsburgh State University's policy in accordance with the Federal Drug-Free Workplace Act of 1988, part of the Anti-Drug Abuse Act of 1988, is incorporated herewith.

Standard of Conduct

It is the policy of Plattsburgh State University that employees 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, while performing in a work-related capacity or at any campus activity. 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.

Employees are also prohibited from on-the-job use or impairment from alcohol or illicit drugs.

No person, student, employee, visitor, shall sell, deliver or give away or cause or permit to be sold, delivered or given away any alcoholic beverages to any person under the age of 21 years.

No one may induce the sale of alcoholic beverages to any person under 21 by misrepresenting the person's age.

No person under the age of 21 years may purchase alcoholic beverages with intent to consume such beverage.

Any person who knowingly causes the intoxication of a person under 21 may be civilly liable in the event of personal injury or property damage to a third party.

Employees are prohibited from personally catering alcohol events.

Chartwells has been designated the caterer as well as the caretaker of the College Auxiliary Service (CAS) liquor license on the Plattsburgh State University campus. Chartwells employees must provide all aspects of control. The number of employees required will depend on the nature, size and location of the event.

Chartwells will institute procedures for controlling the sale, serving and consumption of alcohol to comply with New York State Law and College Policy.

All alcohol events must be formally requested in advance through Chartwells with a Facility Reservation Form (Available from the Office of the Dean of Students).

A separate caterer's permit must be requested and obtained by Chartwells for an alcohol event to take place in any college facility other than Angell College Center.

The caterer must dispense and serve all alcoholic beverages that are purchased for all functions at Plattsburgh State University. The caterer must also be responsible for verifying the age of attendees. The bartenders will not serve any person that does not meet the legal drinking age nor any intoxicated person.

For large parties, the caterer must provide employees to circulate in the crowd to ensure that underage persons and intoxicated persons are not drinking.

The caterer will confiscate an alcoholic beverage from a person not of drinking age.

Alcoholic beverages, other than those arranged through CAS, will not be allowed at any function.

At any event where alcohol is served, food and non-alcoholic beverages must be available.

Policy Regarding Drug-Free Workplace

In accordance with the Federal Drug-Free Workplace Act of 1988 part of the Anti-Drug Abuse Act of 1988, the unlawful use, possession, manufacture, dispensation or distribution of controlled substances in all Plattsburgh State University work locations is prohibited.

Employees who unlawfully manufacture, distribute, dispense, possess, or use a controlled substance in or on property owned by or under the control of Plattsburgh State University will be subject to disciplinary procedures consistent with applicable laws, rules, regulations and collective bargaining agreements.

Sanctions

College:

Employee violation of these standards of conduct could result in disciplinary action up to and including discharge in accordance with appropriate labor agreements. An employee who is charged with a violation within the college may also be referred for criminal prosecution.

Employees should be fully aware that the college will impose sanctions in all cases where there has been a violation of any of the above standards.

City of Plattsburgh:

The City of Plattsburgh has adopted and enforces an open container law, violation of which could result in a fine.

State of New York:
  1. Effective October 19, 1989, persons under the age of 21 who present an altered New York State driver's license for the purpose of illegally purchasing an alcoholic beverage may be subject to a suspension of that driver's license for up to ninety (90) days and may also be required to apply to the Department of Motor Vehicle for a restricted use driver's license following the suspension.

  2. Effective November 1, 1989, persons under the age of 21 who present falsified or fraudulently altered proofs of age for the purpose of purchasing or attempting to purchase alcoholic beverages are guilty of a violation, punishable by a fine of up to $100 and a community service requirement of up to thirty (30) hours. Previously, violations of this section were punishable only by the imposition of a one-year probationary period or fine.

     

  3. Effective January 1, 1990, persons under the age of 21 are prohibited from possessing any alcoholic beverage with intent to consume the beverage. Exceptions are provided for consumption in an instructional setting and in cases where the alcoholic beverage is provided by a parent or guardian. Violators are subject to a fine of up to $50 per offense, but are not subject to arrest. Alcoholic beverages involved in alleged violations of this law may be seized by the authorized law enforcement officials, including campus public safety officers. Disposal and destruction of the seized alcoholic beverages are also authorized but cannot be carried out until three days after the initial appearance date, unless otherwise ordered by a court. The court may order the beverage returned if it is determined that return would be in the interest of justice or the beverage was improperly seized.

  4. Controlled Drugs: See Attachment A

Federal: See Attachment B

Employees must abide by the terms of this statement and must notify Human Resources of any criminal drug statute conviction for a violation occurring at the workplace, or at a work site, no later than five (5) working days after such conviction.

Plattsburgh State University will make a good faith effort to maintain a drug-free workplace. That effort will include drug awareness education programs, an Employee Assistance Program and the implementation and strict enforcement of this policy.

An Employee Assistance Program is available on campus for employees who wish to seek assistance in dealing with drug or alcohol related problems, as well as other personal and family matters. Please call (800) 564-3277 for information. Questions concerning this policy should be referred to Human Resources at (800) 564-5062.

Distribution and Review

This program will be distributed annually to all employees and reviewed biennially to determine its effectiveness, implement needed changes and ensure that disciplinary sanctions are consistently enforced.

Certification

Plattsburgh State University will further comply with the requirements of the Drug-Free Workplace Act of 1988 by submitting a certification that a drug-free workplace will be provided as a precondition for receiving federal funds for contracts and grants awarded or substantially modified after the effective date of the Act.

In order to comply with the Drug-Free Schools and Communities Act of 1989, Public Law 101-226, the Higher Education Act of 1965, and the Federal Drug-Free Workplace Act of 1988, part of the Anti-Drug Abuse Act of 1988, this policy supersedes all pre-existing alcohol and drug policies.

Drug and Alcohol Abuse Prevention Program

A. Prevention and Treatment

The Employee Assistance Program (EAP) at Plattsburgh State University is staffed by a coordinator who is trained to assess and refer employees with alcohol and drug abuse problems to community based treatment and rehabilitation programs. The EAP also offers workshops on many health related topics throughout the year, including alcohol and drug abuse and takes part in the annual benefits information day.

The Student Health Center annually conducts a Health Fair and periodically publishes a widely distributed newsletter, both of which emphasize the health risks associated with alcohol and drug abuse.

In addition, the college sponsors numerous educational programs throughout the year and that are specifically concerned with information and prevention of alcohol and drug abuse and are open to all members of the college community.

B. Description of Health Risks Associated with the Use of Illicit Drugs and Abuse of Alcohol
Alcohol

Profound acute impact on cognitive functioning, i.e., loss of inhibitions, disruption of memory functions. Profound chronic impact on cognitive functioning, e.g., permanent memory impairment, dementia. Impaired coordination. Increased risk of cancer, stroke, heart disease, heart conduction disturbances, stomach lesions, intestinal track injury and liver damage. Sexual functioning disturbances. Increased risk of accidents, including drowning, fires and falls. Increased risk of violence.

Amphetamines (Speed, Ups, Pep Pills, Meth)

Elevated heart rate, blood pressure and respiration rate. Decreased appetite. Pupillary dilation. Effects at high doses include: cognitive confusion, physical disorganization, inability to relax and sleep, teeth-grinding, dry mouth, muscle twitching, convulsions, fever, chest pain, irregular heart beat and lethal overdose.

Barbiturates, Sedatives, Tranquilizers (Yellow Jackets, Reds, Red Devils, Ludes, PCP or Angel Dust)

Difficulty concentrating, maintaining coordination and staying awake. Reduces cognitive and motor functioning. Increases accident risks. Effects at high doses include: slurred speech, staggering, decreased ability to reason and solve problems, difficulty in judging distance and time, double vision, amnesia, depressed breathing, coma, brain damage and respiratory failure, especially when mixed with alcohol.

Cocaine (Coke, Crack, Blow)

Increase heart rate, blood pressure, breathing rate, and body temperature. Constriction of blood vessels. Pupillary dilation. Effects at high doses include: cognitive confusion and physical disorganization, perspiration, chills, elevated heart rate, nausea, vomiting, hallucinations and possible death from convulsions and respiratory arrest.

Hallucinogens (LSD or Acid, Mesc, DMT, DET)


Alterations of sensory, emotional and cognitive functioning. Elevated heart rate, blood pressure, and body temperature. Pupillary dilation, nausea, muscle weakness, dizziness, tremors and exaggeration of normal reflexes. Risk of accidents, disorientation, wide mood swings, flashbacks. Possible psychosis.

Heroin (H, Horse, Smack)

Reduces cognitive and physical prowess. Blocks hunger. Dull aggression. Blocks menstrual cycle. Reduces sex drive. Constricts pupils. Induces drowsiness and sedation. Causes constipation, itchy skin. Increases accident risk. High risk of respiratory collapse with overdose.

Inhalents (Poppers, Snappers, Rush, Glue)

Initial excitement, sedation and confusion. Prolonged or regular use could cause bone marrow depression, cerebral damage, liver and kidney disorders, irregular heartbeat and blood pressure, and respiratory disorders.

Marijuana

Risks of short term memory problems, lung damage, major slowdown in cognitive functioning, loss of alertness and productiveness.  Possible psychosis with chronic use.

Federal Drug Trafficking Penalties

(As of January 1, 1996)
CSA 1st Offense 2nd Offense Quanitity Drug Quanitity 1st Offense 2nd Offense

I

And

II

Not less than 5 years. Not more than 40 years.

If death or serious injury, not less than 20 years or more than life.

Fine of not more than $2 million individual, $5 million other than individual.

Not less than 10 years. Not more than life.

If death or serious injury, not less than life.

Fine of not more than $4 million individual $10 million other than individual.

10-99 gm pure or 100-999 gm mixture Methamphetamine 100 gm or more pure of 1 kg or more mixture

Not less than 10 years. Not more than life.

If death or serious injury, not less than 20 years or more than life.

Fine of not more than $4 million individual, $10 million other than individual

Not less than 20 years. Not more than life.

If death or serious injury, not less than life.

Fine of not more than $8 million individual, $20 million other than individual.

100-999 gm mixture Heroin 1 kg or more mixture
500-4,999 gm mixture Cocaine 5 kg or more mixture
5-49 gm mixture Cocaine Base 50 gm or more mixture
10-99 gm pure or 100-999 gm mixture PCP 100 gm or more pure or 1 kg or more mixture
1-9 gm mixture LSD 10 gm or more mixture
40-399 gm mixture Fetanyl 400 gm or more mixture
10-99 gm mixture Fentanyl Analogue 100 gm or more mixture

 

CSA Drug Quantity 1st Offense 2nd Offense

I

And

II

Others (law does not include marijuana, hashish, or hash oil) Any

Not more than 20 years.

If death or serious injury, not less than 20 years, not more than life.

Fine $1 million individual, $5 million not individual.

Not more than 30 years.

If death or serious injury, life.

Fine $2 million individual, $10 million not individual.

III All (included in Schedule III are anabolic steroids, codeine and hydrocodone with aspirin or Tylenol®, and some barbiturates) Any

Not more than 5 years.

Fine not more than $250,000 individual, $1 million not individual.

Not more than 10 years.

Fine not more than $500,000 individual, $2 million not individual.

IV All (included in Schedule IV are Darvon®, Talwin®, Equanil®, Valium®, and Xanax®) Any

Not more than 3 years.

Fine not more than $250,000 individual, $1 million not individual.

Not more than 6 years.

Fine not more than $500,000 individual, $2 million not individual.

V All (over-the-counter cough medicines with codeine are classified in Schedule V) Any

Not more than 1 year.

Fine not more than $100,000 individual, $250,000 not individual.

Not more than 2 years.

Fine not more than $200,000 individual, $500,000 not individual.

 

Description Quantity 1st Offense 2nd Offense
Marijuana 1,000 kg or more mixture; or 1,000 or more plants

Not less than 10 years, not more than life.

If death or serious injury, not less than 20 years, not more than life.

Fine not more than $4 million individual, $10 million other than individual.

Not less than 20 years, not more than life.

If death or serious injury, not more than life.

Fine not more than $8 million individual, $20 million other than individual.

Marijuana 100 kg to 999 kg mixture; or 100-999 plants

Not less than 5 years, not more than 40 years.

If death or serious injury, not less than 20 years, not more than life.

Fine not more than $2 million individual, $5 million other than individual.

Not less than 10 years, not more than life.

If death or serious injury, not more than life.

Fine not more than $4 million individual, $10 million other than individual.

Marijuana

100 kg to 999 kg mixture, or 100-999 plants; 50 to 99 kg mixture, or 50 to 99 plants

Not more than 20 years.

If death or serious injury, not less than 20 years, not more than life.

Fine $1 million individual, $5 million other than individual.

Not more than 30 yearsIf death or serious injury, not more than life.

Fine $2 million individual, $10 million other than individual.

Marijuana Less than 50 kg mixture

Not more than 5 years.

Fine not more than $250,000, $1 million other than individual.

*Not more than 10 years*Fine $500,000 individual, $2 million other than individual.
Hashish 10 kg or more
Hashish Oil 1 kg or more

 

The Controlled Substances Act (1970) places all substances regulated under federal law into one of five schedules based on the substance's medical use, potential for abuse, and safety or dependence liability.

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance 21 U.S.C. 844(a)1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.

 
  • After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
  • After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.
  • Special sentencing provision for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
    • 1st conviction and the amount of crack possessed exceeds 5 grams.
    • 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
    • 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853(a)(2) and 881(a)(7) Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack)

21 U.S.C. 881(a)(4) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g) Ineligible to receive or purchase a firearm.

Miscellaneous

Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

Contact Information

Human Resource Services

Address: 101 Broad Street, Plattsburgh, NY 12901-2681
Campus Location: Kehoe 912
Phone: (518) 564-5062
Fax: (518) 564-5060
Email: hr.apply@plattsburgh.edu

Office Hours:

Monday - Friday 7:30 am - 4:30 pm