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Drug-Free Campus Policy

The manufacture, distribution, dispensation, possession or illegal use of controlled substances, except by prescription, is prohibited by ºÚÁϳԹÏÍø. College policy also prohibits the possession or consumption of alcoholic beverages by any person under the age of 21. For any employee over the age of 21, college policy prohibits the possession or consumption of alcoholic beverages unless they are attending a college-sponsored event where alcohol is provided.

Violation of this policy on property owned or controlled by ºÚÁϳԹÏÍø, including the use of college-owned or -controlled motor vehicles, will result in college sanctions appropriate to the situation and will not protect employees or students from arrest or prosecution by civil authorities for illegal involvement with drugs or alcohol.

ºÚÁϳԹÏÍø maintains a comprehensive program to support its policy on drug and alcohol use/abuse. This program consists of (1) educational information and programming, (2) a voluntary program of employee assistance and (3) disciplinary measures.

1. Education
   1. Program coordinator: The President of ºÚÁϳԹÏÍø has appointed the Associate Vice President of Business Affairs and Director of Human Resources, the Vice President for Academic Affairs and Dean of Faculty and the Dean of Student Affairs to be responsible for college compliance with all federal and state legislation, orders and regulations having to do with Drug-Free Workplace Act, and the Drug-Free Schools and Communities Act Amendments. These duties shall include at least an annual review to determine the effectiveness of the program and the implementation of changes if they are needed, and to ensure that its disciplinary sanctions are consistently enforced. Human Resources will also coordinate the annual distribution of the current policy statement to each employee and student.
   2. Education and training: The college's educational, training and counseling programs are available to ensure that all members of the college community know the college's policy regarding drug and alcohol use/abuse and the availability and services of the Employee Assistance Program.
   3. Health statement: The physical effects of drug and alcohol use/abuse vary from individual to individual. In large doses, these effects may include severe toxic reactions such as convulsions, circulatory collapse, coma and death. Other effects from acute use may include but are not limited to abnormal alertness, increased motor activity, drowsiness, loss of restraint, irregular or fast pulse, nausea, and vomiting.

      The available evidence substantiating the relationship between alcohol and other drugs and behavioral problems, emotional problems, accidents, suicide, physical illness, unwanted pregnancies, sexually transmitted diseases, AIDS, acquaintance rape, violence and impaired learning is compelling.

2. Employee Assistance
   1. Employee Assistance Program (EAP): A confidential referral service for employees is available for those faculty and staff who request assistance with alcohol and drug dependence. All medical and/or rehabilitation records concerning the employee's drug and alcohol use/abuse, including records of the identity, diagnosis, prognosis or treatment are confidential and may be disclosed only as authorized by law. With written consent, the employee may authorize the disclosure of those records to the college for verification of treatment or for a general evaluation of treatment progress.

1. Disciplinary Action
   1. Findings: An employee may be found to use alcohol or illegal drugs on the basis of any appropriate evidence including, but not limited to, direct observation, evidence obtained from an arrest or criminal conviction or a voluntary admission.
   2. Interim action for faculty and staff: Any employee found to use alcohol or illegal drugs shall be referred to the EAP and may be removed immediately from that position. At the discretion of the Associate Vice President of Business Affairs and Director of Human Resources, in conjunction with the Vice President for Academic Affairs and Dean of Faculty when appropriate, and as part of the EAP, an employee may return to work if in compliance with treatment and conditions set forth under the EAP.
   3. Interim action and sanctions for students: Any student to be found to use alcohol or illegal drugs shall be subject to regulations as defined in the Student Handbook. Every student receives a student handbook.
   4. College sanctions for faculty and staff: Appropriate disciplinary proceedings will be initiated by the Associate Vice President of Business Affairs and Director of Human Resources, in conjunction with the Vice President for Academic Affairs and Dean of Faculty when appropriate. The full range of disciplinary sanctions up to and including discharge (under the applicable provisions of the Faculty Handbook, Employee Handbook or the applicable union agreement) will apply. The sanction(s) shall depend upon the circumstances surrounding the alleged violation of this policy.
      
      

      Mandatory disclosure: In compliance with the Drug-Free Workplace Act of 1988, the college requires that, as a condition of employment, an employee must notify the college in writing of any criminal drug statute convictions for a violation occurring in the workplace no later than five days after such conviction. The college must notify the federal contracting agency within 10 days of having received such notice and report on the action(s) taken within 30 days of learning of such conviction. Failure to make the required disclosure may result in discharge proceedings.

   5. Legal sanctions: The imposition of college sanctions for policy violations will not protect employees from arrest or prosecution by civil authorities for illegal involvement with drugs or alcohol. Relevant New York State and local laws including the following:
      
      

      Under New York State law, possession of illicit drugs, or possession of illicit drugs with the intent to sell, or the sale of such drugs is classified as a criminal offense. Penalties include, but are not limited to, imprisonment up to a maximum of life, probation of one year to a maximum of life, and fines up to a maximum of $100,000. Such activities may also violate federal criminal laws, which carry similarly severe penalties.

      Under New York State law it is unlawful for a person under age 21 to possess alcohol with the intent to consume, except if the alcohol is given pursuant to an educational curriculum or by a person's parent or guardian. Such unlawful conduct is punishable as an offense and the penalties include, but are not limited to, a fine of $50 and confiscation of the alcohol by a civil law enforcement officer.

      Under New York State law it is unlawful to give, sell or cause to be given or sold alcohol to a person under 21 years of age, except if you are a parent, guardian or pursuant to an educational curriculum. Such unlawful conduct is punishable as a crime and the penalties include, but are not limited to imprisonment up to a maximum of six months, fines up to a maximum of $500 and probation up to a maximum of one year.

      Saratoga Springs has an "open container" law, which prohibits the possession of any open bottle or container containing liquor, beer, wine or other alcoholic beverages while the person is on any public highway, public street, public sidewalk, public parking area or in any vehicle or public place excepting those premises duly licensed for sale and consumption of alcoholic beverages. Violation of this law is punishable by a fine or 10 days in the county jail, or both, for the first offense.

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