Alcohol and Other Drugs Policy

Photo of girl-on-laptop

Alcohol and Other Drugs Policy

Policy Name: Alcohol and Other Drugs Policy
Policy ID Number: 05-04-002
Version Effective Date: September 28, 2022
Applies To: Students
Responsible Office: Division of Student Affairs
Approved By: Office of the Dean of Students

INTRODUCTION AND STATEMENT OF PURPOSE

New Jersey City University is committed to maintaining an alcohol and drug-free community in compliance with applicable laws.

New Jersey City University permits the use of alcohol and other drugs only in a responsible manner and adheres to restrictions imposed by law and the University’s standards of conduct. The unlawful use, possession, manufacturing, or distribution of alcohol or other drugs by students or employees is prohibited on university property or as a part of University activities.

PURPOSE
The Drug-Free Schools and Campuses Regulations (34 CFR Part 86) require that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.

To certify its compliance with the regulations, the University is required to:

  1. Prepare a written policy on alcohol and other drugs;
  2. Develop a sound method for distribution of the policy to every student and employee;
  3. Conduct biennial reviews of the effectiveness of its program and the consistency of sanction enforcement; and
  4. Maintain biennial review reports and supporting documents on file, available for inspection by the USS Department of Education.

To fulfill the purpose of this student policy in promoting safe and legal behavior regarding the use of alcohol and other drugs, any student found to be using, possessing, manufacturing, or distributing alcohol and/or other controlled substances, in violation of the law, on University property or at University events, shall be subject to disciplinary action per policies of the State of New Jersey and New Jersey City University.

Further, students who violate this policy will be subject to sanctions including completion of an approved drug and alcohol education program or its “alternative”, disciplinary warning, probation, suspension, and/or expulsion from the University. Even in the most challenging situations, the University seeks first and foremost to educate its students and to impose disciplinary actions from an educative perspective, including sanctions such as community service or educational presentations. In each case, factors such as the nature and gravity of the incident, the motivation underlying the behavior, the individual’s disciplinary history, and precedent will be considered in determining the appropriate disciplinary action(s).

Additionally, the purpose of the Alcohol and Other Drugs Policy is to educate students and the community about the personal, physiological, psychological, emotional, familial, and social risks to themselves and others when misusing alcohol and/or other drugs; to provide assistance, resources, and options for those who identify that they are at risk for alcohol and/or other drug abuse or misuse, or who are concerned about the risk to another; and to promote counseling, referral, and treatment options for New Jersey City University community members.

This policy was written and agreed upon in accordance with New Jersey City University philosophies and New Jersey State Laws and with the safety of all students, faculty, staff, and guests.

DEFINITIONS

Alcohol: Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.

Alcohol Paraphernalia: Alcohol paraphernalia is described as any items used to administer drinking games or assist the user in ingesting alcohol at a fast rate violates the University policy. This includes, but is not limited to: empty alcohol containers, flasks, shot glasses, kegs, funnels and beer pong, beer balls, and/or punch bowls being used to serve alcohol. Such paraphernalia may not be maintained on university property and will be confiscated if discovered.

Alcohol and Other Drug Abuse: Alcohol and other drug abuse is the use of mood-altering drugs, including all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, and/or marijuana and/or the use of prescription drugs in a manner that is inconsistent with the direction of a prescribing medical professional.

Campus: The campus includes all areas that are part of New Jersey City University, including the West Side Campus facilities, the University Residence Halls (including the residences on Kennedy Boulevard), The Harborside School of Business, University controlled athletic fields, the John J. Moore Athletic & Fitness Center, the Harborside campus, the Fort Monmouth campus and any school sponsored trips, meetings or internships.

Controlled Substance: A controlled substance is one whose distribution is controlled by regulations or statutes. Such substances include but are not limited to: narcotics, depressants, stimulants, hallucinogens, and cannabis.

Drug: A drug is a chemical substance, especially one prescribed by a physician, which is used in the diagnosis, treatment, or prevention of a condition or disease. Drugs are prescribed for a limited amount of time, as for an acute infection or regularly for chronic disorders, such as hypertension. Prescription drugs include valium, morphine, and benzodiazepines (sleeping pills). A drug is also any chemical substance that affects the central nervous system and alters mood, behavior, and/or impair functioning, including synthetic forms of substances (i.e., K2, spice, space weed, bath salts), over-the-counter medications used improperly (i.e., cough syrup, nasal sprays), or other household or industrial chemicals (i.e., gasoline, spray paint, hairspray) which may not be currently classified as illicit.

Drug Paraphernalia: Drug paraphernalia is defined as all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance, including roach clips, bongs, pipes, and rolling paper.

Illicit Drugs: Illicit drugs are drugs that are imported, grown, or manufactured illegally. All illicit drugs are dangerous and usually imply a degree of dependence, or in some cases, addiction. Examples are heroin, cocaine, amphetamines, ecstasy, marijuana, methamphetamines, MDMA, and LSD.

Narcotics: A narcotic is an addictive drug, such as opium or morphine, which reduces pain, alters mood and behavior, and usually induces sleep or stupor. Natural and synthetic narcotics are used in medicine to control pain.

New Jersey City University Administrative Group/Department: This refers to any New Jersey City University organization that consists mainly of faculty and staff members (may have students) and works on behalf of and in accordance with the University.

Prescription Drug: A prescription drug is any substance prescribed by a licensed medical or dental practitioner for individual consumption. This includes prescribed and over-the-counter drugs that may have been legally obtained and are being used for the purpose for which they were prescribed or manufactured. The misuse and abuse of any prescription drugs can result in many physical and psychological consequences ranging from addition to overdose. Sharing prescription drugs is a felony and is a violation of both the New Jersey City University Alcohol and Other Drugs Policy and the Student Code of Conduct.

Responsible Use: Responsible use of alcohol and other drugs includes compliance with local, state, and federal laws, and New Jersey City University policies. It also includes an awareness of the impact of alcohol and/or other drugs on oneself and the desire to protect oneself and others against potential ill effects of use.

Policy

The consumption of alcohol by students on the campus of New Jersey City University is prohibited by the New Jersey City University Alcohol and Other Drugs Policy, the Student Code of Conduct, the Drug Free Workplace Act of 1988 (41 USC Section 701-707), and the Drug-Free

Schools and Campuses Act of 1989, except under special circumstances provided by law. Because New Jersey City University is a dry campus, any alcoholic liquor service must conform to the policies of New Jersey City University and must be approved by the Office of the Dean of Students.

  1. The Office of the Dean of Students has been charged with the overall responsibility to administer and enforce this policy for students.
  2. A person under the legal drinking age of 21 shall not purchase, consume, possess, process, store, and/or transport any alcoholic beverage on campus, nor shall any such person enter any campus facility with the intent to purchase, consume, possess, process, store and/or transport any alcoholic beverage.
  3. A person of legal age shall not give any alcoholic beverage to a person under the legal drinking age, nor shall they assist or allow such person to purchase and/or consume any alcoholic beverage.
  4. The sale of alcoholic beverages by students on campus is strictly prohibited.
  5. ALL marketing, advertising, and promoting alcoholic beverages on campus are prohibited. All advertisements for social events, at which alcohol will be served, shall not refer to the amount of alcohol available.
  6. No publicity shall be distributed or posted that indicates the availability of alcoholic beverages, except to indicate legal age requirements for admission.
  7. Carrying or consuming open containers of alcoholic beverages in any campus public area (campus grounds, restricted residence halls, athletic fields, academic buildings, and dining hall) is prohibited and subject to disciplinary action. Designated University officials reserve the right to inspect squeeze bottles or other containers.
  8. On-Campus Locations:
    1. New Jersey City University regulations prohibit the purchase, consumption, possession, process, storage, transportation and/or the attempt to purchase, consume, possess, process, store and/or transport alcohol/drugs in the residence halls and on the University premises.
    2. New Jersey City University regulations prohibit the purchase, consumption, possession, process, storage and/or transportation and/or the attempt to purchase, consume, possess, process, store and/or transport alcohol/drugs in athletic facilities or at athletic events.
  9. Student- Sponsored Special Events/Social Events (including On- and Off-Campus Events)
    1. Alcohol is prohibited at all New Jersey City University undergraduate, student-sponsored events both on and off campus. (*The only exception to this would be Special Events occurring off-campus, co-sponsored with an NEW JERSEY CITY UNIVERSITY administrative group/department and/or office with permission from the Dean of Students).
    2. As per New Jersey City University Procurement Services Policy, alcohol may not be purchased with University funds, student club/organization fees, or dues.
    3. Public intoxication/drunkenness is not an acceptable condition for anyone on campus. Anyone found in such condition will be asked to leave campus events. If their behavior is disruptive in any way, they may have charges filed against them.

On February 22, 2021, New Jersey Governor Phil Murphy signed adult-use cannabis reform bills into law, legalizing and regulating cannabis use and possession for adults 21 years and older (A21 – "“The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"") and decriminalizing marijuana and hashish possession (A1897). The Governor also signed S3454, clarifying marijuana and cannabis use and possession penalties for individuals younger than 21 years old (Office of the Governor, 2021). Despite this legislation, New Jersey City University students and employees should understand that possessing, using, or selling marijuana in any form is strictly prohibited on campus and during university activities.

Use and Possession of Marijuana is Prohibited on Campus

The Controlled Substances Act criminalizes the growing and use of marijuana at the federal level. As a controlled substance, use and possession of marijuana are also prohibited by the New Jersey City University Student Code of Conduct and are not permitted on campus. In addition to being a federal offense under the act, the use of medical marijuana in the workplace and on campus is restricted by federal laws, such as the federal Drug-Free Workplace Act and the federal Drug-Free Schools and Communities Act. Those federal laws require the University to prohibit the use of marijuana on campus.

New Jersey City University Students Using or possessing marijuana in any form is prohibited by the New Jersey City University Student Code of Conduct. Students who use, distribute, and possess marijuana are subject to discipline. Marijuana use or possession is prohibited across the NJCU System, including all open areas, buildings, residence halls, and West Campus Village. New Jersey City University is not required to allow – and is subject to affirmative obligations to prohibit — the medical or recreational use of marijuana in the residence halls or on campus, because marijuana is illegal under federal law. New Jersey City University Public Safety will continue to enforce the campus-wide prohibition of marijuana.

Know the Laws

  • Be informed about marijuana laws and New Jersey City University’s Student Code of Conduct.
  • Governor Murphy recently signed bills to legalize and regulate marijuana use for those 21 and older, decriminalize possession of limited amounts of marijuana and clarify marijuana and cannabis use and possession penalties for those younger than 21. Regardless, New Jersey City University will not allow the use or possession of medical or recreational marijuana on campus.
  • Being under the influence of marijuana violates this policy and may result in student conduct sanctions and processes. It is illegal for anyone (regardless of age) to possess or use marijuana on campus in any form, even with a prescription.
  • Driving a motor vehicle while under the influence of a narcotic, hallucinogenic, or habit-producing drug, or permitting another person who is under the influence of an intoxicating narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle can lead to a DUI arrest.
  • Use or Possession with Intent to Use, Narcotic Paraphernalia (NJSA 2C:36-2 –provides that such conduct carries a disorderly person’s offense).
  • Distribute, Dispense, Possess with Intent to, Narcotics Paraphernalia (NJSA 2C:36-3 – provides that such conduct is a fourth-degree crime).
  • Advertise to Promote Sale of Narcotics Paraphernalia (NJSA 2C:36-4 – provides that such conduct is a fourth-degree crime).
  • Delivering Paraphernalia to Person under Eighteen Years (NJSA 2C:36-5) provides that such conduct constitutes a third-degree crime.
  • Possession or Distribution of Hypodermic Syringe (NJSA 2C:36-6) provides that such conduct constitutes a disorderly person’s offense.
  1. All offenses and/or violations of the University’s alcohol and other drugs policy shall be processed by the Office of the Dean of Students (unless the offense occurred in the Residence Halls, in which the Director of Residence Life would determine the sanctions) and/or the Department of Human Resources if involving a faculty or staff member.
  2. New Jersey City University complies with federal and state regulations concerning alcohol incidents. Violators of this policy may be issued a summons from the State of New Jersey, as well as sanctions, according to the Code of Conduct as imposed by the Dean of Students.
  3. The University has made provisions to afford due process to students accused of misconduct. Established judicial procedures guarantee the accused a proper hearing and the right to an appeal.
  4. Examples of violations are the use of false identification, drunk and disorderly conduct, consumption of alcohol in unapproved locations, supplying alcohol to minors, fighting, intoxication, vandalism, abusive, vulgar, or obscene language, and malicious behavior involving fire alarms, safety equipment, etc., and driving on campus while intoxicated. Persons unable to exercise care for their own safety or the safety of others are also in violation.
  5. Civil authorities have jurisdiction on the campus. Cases of policy violation deemed to be severe or that pose a serious threat to the safety and security of the University community may be referred directly to civil authorities.
  6. A student guilty of violating this policy shall be subject to sanctions commensurate with the offense. These include, but are not limited to:
    1. First Offense
      1. Alcohol and Other Drug (A&OD) information was provided to students through a two-hour workshop.
      2. Letter of warning outlining consequences for further violations.
      3. Participation in community service not to exceed 10 hours.
      4. Residence Hall and/or disciplinary probation.
      5. Parental notification (written) if the student is under the age of 21.
      6. Possible fine and/or financial charges if there are damages to New Jersey City University property.
    2. Second Offense
      1. Required attendance at three 1-hour A&OD workshops.
      2. Letter of admonition outlining consequences for further violations.
      3. Participation in community service not to exceed 20 hours.
      4. Possible suspension from the residence hall.
      5. Residence Hall and/or disciplinary probation.
      6. Parental notification (written/verbal) if student is under the age of 21.
      7. Possible fine and/or financial charges if there are damages to New Jersey City University property.
    3. Third Offense
      1. Automatic referral to off-campus counseling for substance abuse, assessment, and treatment. The student is required to comply with all treatment recommendations.
      2. Participation in community service not to exceed 30 hours.
      3. Disciplinary probation/removal from housing and possible suspension from the University.
      4. Parental involvement.
      5. Possible fine and/or financial charges if there are damages to New Jersey City University property.

New Jersey City University seeks to strengthen its focus on creating a safe, supportive space for all students by removing barriers that may prevent them from seeking necessary medical attention in emergencies. New Jersey City University students must seek immediate medical attention for themselves or others when someone’s health and/or safety are at risk. However, those students may be reluctant to do so for fear of repercussions, especially if due to possible conduct violations such as alcohol and/or drug use. The New Jersey City University Medical Amnesty Policy (MAP) provides a means for students who, while facing conduct violations in emergencies, seek to help themselves or their fellow New Jersey City University students gain important medical assistance. Students who follow the protocol in the MAP may receive amnesty for possible conduct violations stemming from the related incident.

Please refer to the MAP for more information on how it may be utilized in an alcohol or drug-related emergency.

A 1998 amendment to The Family Education Rights and Privacy Act of 1974 authorizes higher

education institutions to inform a parent or legal guardian of any student under age 21, who has been found in violation of any federal, state, or local law or any rule or policy of the institution governing the use or possession of alcohol or controlled substances.

 

The Office of the Dean of Students will notify parents/guardians of students under 21 years of age when a student is found responsible for (1) a violation of the alcohol and other drug policy, (2) a second violation of the alcohol and other drug policy, and (3) on the first violation of the alcohol policy when one or more of the following occurs:

  1. The student demonstrates reckless disregard for their personal safety or the safety of others.
  2. Medical attention to any person, including the student, is required because of the ‘student’s alcohol-related behavior. In a situation where a ’student’s health or safety is/was seriously endangered every attempt will be made to notify the parent/guardian immediately.
  3. There is significant property damage.
  4. The student operates a motor vehicle under the influence of alcohol.
  5. The incident involves another serious violation of the Student Code of Conduct or New Jersey Law.

Counseling Center, GSUB Room 308: 201-200-3165

Speicher-Rubin Women’s Center, GSUB Room 318: 201-200-3189

Health & Wellness Center, Vodra Hall Room 107: 201-200-3456

Hudson County

  • New Jersey Prevention Network: Partnership in Prevention: 201- 653-6776
  • Inter-County Council on Drug and Alcohol Abuse, Inc.: 201-998-7422

State of New Jersey

  • State Employees Assistance Program: 1-800-543-7327
  • Southeast Regional Center Drug Free Schools: 404-688-9227

Federal

  • National Clearinghouse/Alcoholic & Drug Information: 301-468-2600
  • National AIDS Information Clearinghouse: 212-206-6770
  • National Council on Alcoholism: 212-206-6770
  • National Prevention Network: 202-783-6868
  • Office of Substance Abuse Prevention: 301-443-0369
  • Office of Justice Programs/Department of Justice: 1-800-262-6243
  • Drug-Free Workplace Help Line: 1-800-843-4971
  • Cocaine Hotline: 1-800-COCAINE
  • National Institute on Drug Abuse Hotline: 1-800-662-HELP
  • National Institute on Drug Abuse Help Line: 1-800-843-4971
  • American Council on Alcoholism: 1-800-527-5344
  • AL-ANON/ALATEEN: 1-888-4AL-ANON

Drug possession or illegal use may subject individuals to criminal prosecution. The University will refer violations or prohibited conduct to appropriate authorities for prosecution.

  • The intent of, actual distribution of, sale of, or manufacturing of drugs, narcotics, barbiturates, hallucinogens, marijuana, steroids, amphetamines or any other controlled substance is prohibited.
  • The possession or use of controlled dangerous substances, marijuana, steroids, or narcotics, including, but not limited to, opium (morphine, codeine, heroin), prescription drugs in possession of someone other than the prescribed individual, misuse of prescribed drugs, and every other substance not chemically distinguishable from them (i.e. imitation products, such as bath salts and/or K2) as well as any drug paraphernalia, on campus or in any University-related premises is prohibited. This includes marijuana prescribed for debilitating medical conditions as it is not allowed on University property.

Students should be aware that federal law dictates that conviction in criminal court for certain controlled substance offenses including drug possession and/or sale may make them declared ineligible for Federal Financial Aid for a period. See the Financial Aid Office for details.

RELATED POLICIES AND DOCUMENTS

  • Student Code of Conduct
  • Medical Amnesty Policy
  • Smoke-, Tobacco-, and Vape-Free Policy

RESPONSIBILITY

Office of the Dean of Students

CONTACT

Office of the Dean of Students

Phone: 201-200-3525

Email: deanofstudents@njcu.edu

DATE TO INITIATE REVIEW AND UPDATE

As deemed necessary or appropriate by the Policy Coordinator but at a minimum, at least every five (5) years from the date of last review.