ITHACA COLLEGE
POLICY MANUAL

VOLUME II
Policies for the Entire Campus Community

2.8 Health and Safety Policies

Office of Public Safety -- Security Awareness and Crime Prevention Programs -- Sexual Offenses -- Hate Crimes -- Campus Crime Statistics -- Campus Disciplinary Actions and Arrests -- Hate Crime Statistics -- Drug and Alcohol Policies -- College AIDS Policy -- Smoking Policy -- Occupational Safety Policies

2.8.8 Drug and Alcohol Policies

Ithaca College policies and federal and state laws pertaining to drugs and alcohol are outlined below. Also included is information pertaining to health risks associated with the use of drugs and alcohol and information on College and community resources for counseling and treatment. The College encourages members of the entire College community to familiarize themselves with all of this information.

2.8.8.1 Drug-Free Workplace Policy

Ithaca College takes seriously the need to enforce rules and laws prohibiting the illicit use of drugs and alcohol on campus and at College-sponsored events. In accordance with the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989, and the Omnibus Transportation Employee Testing Act (OTETA) Ithaca College has adopted this anti-drug and alcohol abuse policy for its employees and students.

The College prohibits the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in or on Ithaca College owned or controlled property. The College prohibits employees (and students) from being under the influence of illegal drugs on College owned or controlled property. Any faculty member, staff member, or student employee who is found to be in violation of this policy will be subject to appropriate disciplinary action pursuant to College policies and consistent with local, state, and federal laws. Such disciplinary action may include counseling, mandatory participation in an appropriate rehabilitation program, a verbal or written warning, and suspension from or termination of employment.

Ithaca College offers supervisors the opportunity to participate in drug awareness education and provides for the dissemination of drug awareness information to all members of the Ithaca College community. Faculty and staff may seek confidential referral, information on insurance coverage, and other information regarding support services from the Office of Human Resources.

Any faculty member, staff member, or student employee engaged in activities supported by a federal grant or contract must report any criminal conviction related to possession or use of a controlled substance in the workplace to the Office of Human Resources within five calendar days of conviction. The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence or both by any judicial body charged with responsibility to determine violations of state or federal criminal drug statutes. Ithaca College is obligated to notify the appropriate federal contracting agency within 10 days of receipt of notice of an employee conviction.

In compliance with the Omnibus Transportation Employee Testing Act, all "safety-sensitive" employees at Ithaca College (those employees who are required to hold a commercial driver's license to fulfill their job responsibilities) are subject to drug and alcohol testing. The details of this program are included in section 2.8.8.7.

Compliance with the drug-free workplace policy (as described in this paragraph), and with the reporting requirement in the case of employees engaged in federally supported activities, is a condition of employment at Ithaca College.

2.8.8.2 Drug-Free Schools and Communities Act Amendments of 1989 Policy Statement

Ithaca College does not permit or condone the illicit or unauthorized possession, use, consumption, sale, or distribution of illicit drugs and/or alcohol by students or employees on College property or as part of any College-sponsored activity. Faculty and staff who are found in violation of this policy will be subject to appropriate disciplinary action consistent with local, state, and federal laws. Such disciplinary action may include counseling, mandatory participation in an appropriate rehabilitation program, a verbal or written warning, suspension from employment, or termination of employment. In addition, faculty and staff may be referred to appropriate law enforcement authorities for prosecution.

Students who violate this policy will be charged under the Ithaca College Student Conduct Code included in section 7.1.2 of Volume VII of the Ithaca College Policy Manual. If found responsible for their actions, students receive an appropriate sanction consistent with local, state, and federal laws, up to and including expulsion from the College. Disciplinary measures may include required completion of an appropriate rehabilitation program. In addition, students may be referred to the proper law enforcement authorities for prosecution.

2.8.8.3 Federal, State, and Local Alcohol and Drug Laws

The following information is intended to provide an overview of state, federal, and local laws regarding the possession, use, and distribution of illicit drugs and alcohol. It must be noted that this is not an exhaustive or definitive list of such laws but is intended to indicate the kinds of conduct that are illegal and the range of sanctions that may be imposed for such conduct.

2.8.8.3.1 Alcohol

New York State Alcoholic Beverage Control Law, Vehicle and Traffic Law, and General Obligations Law.

It is illegal for anyone under the age of 21 to possess any alcoholic beverage with the intent to consume such beverage. A fine of up to $50 and/or completion of an alcohol awareness program may be imposed for a violation.

If a person presents written evidence of age that is false or fraudulent for the purpose of purchasing or attempting to purchase any alcoholic beverage, a fine of not more than $100 and/or an appropriate amount of community service not to exceed 30 hours and/or completion of an alcohol awareness program may be imposed if it is a first violation.

It is illegal to sell or give away alcoholic beverages to a person, actually or apparently, under the age of 21 or to a person under the influence of alcohol. A conviction may result in a fine of up to $200 and/or five (5) days in jail.

Driving while intoxicated is a criminal offense and may result in a fine of not less than $500, a six-month license revocation, and/or up to one year in jail. A subsequent conviction may result in a more serious sentence.

A driver of any age who is intoxicated and causes someone's death in an accident may be charged with vehicular manslaughter in the second degree and fined up to $5,000 and/or sentenced to up to seven (7) years in prison.

If a person is injured by someone under the age of 21 who is intoxicated or whose ability is impaired, the injured person has a right of action against the person who caused such impairment and has a right to recover damages.

If a person is injured by someone who is intoxicated or by reason of that person's intoxication, the injured person has a right of action against the person who unlawfully caused or contributed to such intoxication and has a right to recover damages.

City of Ithaca Alcoholic Beverage Ordinance

In April 2004 the City of Ithaca amended its Municipal Code entitled “Alcoholic Beverages.” The City of Ithaca Alcoholic Beverage Code contains a number of provisions, those most applicable to college students include:

§ 128-1. Findings and purpose.

1. The Common Council finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public place and the development of unsanitary conditions and is disturbing to the public and threatens peace and good order.
   
2. The purpose of this article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior, the development of unsanitary conditions and the littering of public places and to protect the public health, safety and welfare and to promote the public good.
   
3. The Legislature of the State of New York has determined that, since the New York State drinking age is 21, underage persons should be held responsible for their conduct and be prohibited from possessing alcoholic beverages in public. The consumption of alcoholic beverages in public places by persons under the legal drinking age is an aggravating factor.

§ 128-3. Public consumption prohibited.

No person shall, within the City of Ithaca, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public place as defined herein.

§ 128-4. Possession of open containers; presumption.

1. No person shall carry or have in his/her possession within or upon any public place in the City of Ithaca any open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any public place defined herein.
   
2. The possession of an open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place as herein defined.
   
3. For the purposes of this chapter, any container labeled as a container of an alcoholic beverage, such as a can of beer or a bottle of wine, shall be presumed to contain at least some amount of the alcoholic beverage specified.
   
4. For the purposes of this chapter, all beer and all wine, regardless of alcoholic content, shall be presumed to be alcoholic beverages.

§ 128-6. Penalties for offenses.

The violation of any of the provisions of this article shall be punishable by a fine not greater than $250 and/or not more than 15 days in jail and not less than $100 or 25 hours of community service; provided, however, that a person who violates this article after having been convicted of a violation of this article within the preceding three years shall be punishable by a fine not greater than $500 and/or not more than 15 days in jail and not less than $100 or 25 hours of community service; and further provided that a person who violates this article after having been convicted two or more times of a violation of this article within the preceding three years shall be punishable by a fine not greater than $750 and/or not more than 15 days in jail, and not less than $100 or 25 hours of community service.

2.8.8.3.2 Illicit Drugs

New York State Penal Law and Vehicle and Traffic Law

Unlawful possession of marijuana is a violation punishable by a fine of up to $100. Subsequent violations may result in fines of up to $250 and/or imprisonment for up to 15 days. Selling more than 16 ounces of marijuana is a Class C felony, punishable by up to 15 years in prison.

Unlawful possession of small amounts of a controlled substance (e.g., cocaine, LSD, PCP, or other hallucinogenic substances; stimulants; or narcotics) is a Class A misdemeanor and may result in a $1,000 fine and/or up to one year in jail. Violations of all other possession and sale laws involving controlled substances are felonies and may result in punishments of up to life in prison.

The laws and penalties for drinking and driving also apply to driving a motor vehicle while a person's ability is impaired by the use of a drug.

Federal Laws

For a first conviction of illegal possession of a controlled substance, a person may be imprisoned for up to one year and/or fined at least $1,000 but not more than $100,000. After two or more prior convictions the penalty increases to at least 90 days in jail but not more than three years and/or a fine of at least $5,000 but not more than $250,000. Other penalties may apply, such as forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance, denial of certain federal benefits, and revocation of certain federal licenses.

Federal trafficking penalties for marijuana range from less than five years in prison and/or a fine of less than $250,000 to life imprisonment and/or a fine of up to $8 million.

Federal trafficking penalties for controlled substances such as heroin, cocaine, PCP, and LSD range from five years to life imprisonment and/or fines of up to $8 million.

2.8.8.4 Health Risks of Drugs and Alcohol

2.8.8.4.1 Alcohol and Safety

Although the legal drinking age is 21, the reality is that most students do use alcohol at some point during college. Some students never drink, others do so occasionally or only for special events, others use alcohol more frequently. The majority of college students who drink take deliberate steps to lower their risk of experiencing problems and as a result do not suffer serious consequences due to alcohol use. It is important to keep in mind that even small amounts of alcohol impair the judgment and coordination required to drive a car safely. College students are disproportionately represented not only in drinking/driving accidents, but also in rapes and assaults.

Unfortunately, the minority of students who consume alcohol heavily produce results that negatively impact their families, friends, communities, and their own health. Students who drink excessively affect virtually all aspects of a college community. According to the National Institute on Alcohol Abuse and Alcoholism the following problems occur within the 18 - 24 year old college population due to drinking:

- academic problems: about 25% of college students report academic consequences due to drinking

- assault: more than 600,000 students are assaulted annually by another student who has been drinking

- drinking/driving: 2.1 million college students drove under the influence of alcohol last year

- police involvement: about 5% of students are involved with the police or campus security as a result of their drinking.

- alcohol abuse and dependence: 31% of college students met the criteria for a diagnosis of alcohol abuse, and 6% for a diagnosis of dependence.

- fatalities: 1,400 college students die each year from alcohol related injuries (including motor vehicle crashes).¹

Numerous factors affect drinking behavior among college students. These factors include: living arrangements, college characteristics, biological and genetic predisposition to use, a student's belief system and personality, and expectations about the effects of alcohol. Excessive drinking clearly exposes students to myriad health and safety risks.

¹ A Call to Action: Changing the Culture of Drinking at US Colleges, April 2002, National Institute on Alcohol Abuse and Alcoholism

2.8.8.4.2 Common Drugs: Symptoms of Abuse

Note: Taking drugs of any type during pregnancy can be hazardous to the fetus.

Adapted from "Children and Drugs": distributed by Blue Cross and Blue Shield Plan of Vermont and New Hampshire.

2.8.8.5 College and Community Resources

2.8.8.5.1 On Campus

Need help with a drug or alcohol problem? There are a variety of programs on the Ithaca College campus that can help.

The counseling center provides support for individuals with issues related to substance abuse. This may include individual counseling, group counseling, or a referral to a community resource. The Health Promotion Program, an outreach service of the counseling center, provides alcohol and drug screening, educational programming, consultation, and referral.

The counseling center keeps an up-to-date list of all resources in the community, including 12-step programs, private therapists, and outpatient counseling. Call the counseling center at 607-274-3136 for more information.

The Office of Human Resources is available for consultation and support for all employee concerns, including substance abuse. Call 607-274-3245 for additional information.

2.8.8.5.2 Community Resources

There are a number of resources in the local community, including

Alanon/Alateen -- 888-4ALANON

Alcoholics Anonymous -- 607-273-1541

Alcohol and Drug Council of Tompkins County -- 607-274-6288

Alcohol Treatment 24-hour Helpline -- 800-314-2684

Cayuga Addiction Recovery Services -- 607-273-5500

Narcotics Anonymous -- 607-387-8292

Tompkins County Mental Health Clinic -- 607-274-6200

2.8.8.5.3 Hot Line Information Numbers

National Clearinghouse for Drug and Alcohol Information — 800-729-6686

Staffed 24 hours a day, seven days a week. Specialists provide information and referrals; operated by the U.S. Department of Health and Human Services.

New York State’s OASAS Drug Abuse Information Line — 800-522-5353

Staffed everyday from 8 a.m. to 10 p.m. Helps with all aspects of alcohol and drug abuse, including referrals and confidential counseling for substance abusers and their family members.

2.8.8.6 Campus Events and Alcoholic Beverages Policy

College policy does not recognize misuse of alcoholic beverages as an excuse for misconduct of any kind. Emphasis is placed on the responsible use of alcohol.

Responsible drinking is the use of alcohol in ways that do not negatively affect either the individual or the community. As part of this policy, regulations and guidelines have been created to provide members of the campus community with structure for programming and the opportunity to develop realistic and reasonable approaches to alcohol use. This policy adheres to New York State laws.

Definition of "Event": For the purposes of this policy, an event is defined as the utilization of a public area on campus for a specific purpose by a group of individuals.

Definition of "Event Sponsor": For the purposes of this policy, an event sponsor is any department, office, organization or individual or group of faculty, staff and/or students who organize and plan an event.

In addition to the legal requirements listed below, the following Ithaca College policies must be observed. These policies apply to events where alcohol is sold and/or available and where alcohol is not available. Enforcement of Ithaca College policies is a campus-wide responsibility. The Ithaca College Offices of Conference and Event Services, Catering, and the Center for Student Leadership and Involvement administer the overall coordination of the student campus event policy, including communications, publishing, and policy revisions.

Procedures for these policies may be found in the appropriate resources on the Center for Student Leadership and Involvement (CSLI) (www.ithaca.edu/involvement) and Conference and Event Services (www.ithaca.edu/events) websites or by contacting the offices of Conference and Event Services or CSLI. .

1. All events are subject to review and approval. The Office of the Vice President for Student Affairs and Campus Life is responsible for all Ithaca College Alcohol Permits and compliance with New York State ABC laws. The Vice President for Student Affairs and Campus Life (or designee) will make final decisions regarding the approval of any events with alcohol on campus.
   
   
2. Admission to an event with alcohol must either be restricted to those of legal drinking age, or a physically separate drinking area must be created within the event venue, with access to this drinking area restricted to those over the age of 21.
   
   
3. No co-mingling is allowed in the drinking area between those of legal drinking age and those under the age of 21. The event sponsor is responsible for regulating admittance to the drinking area under the direction of the offices of Conference and Event Services, Dining Services and CSLI (for registered student organizations).
   
   
4. The event sponsor is responsible for regulating behavior within the drinking area and for ensuring that no one under the age of 21 is able to receive drinks from within the drinking area.
   
   
5. The Offices of Conference and Event Services, Dining Services and CSLI (for registered Student Organizations) will provide direction and be responsible for ensuring that all New York State laws are followed at the point of sale for any event with alcohol.
   
   
6. The individual(s) and/or the organization sponsoring an event are responsible for being aware of and ensuring the enforcement of the Ithaca College Student Campus Event Policy and New York State laws.
   
   
7. Violations of these policies will be dealt with through the campus judicial system and/or the appropriate New York State laws and/or though sanctions for student organizations when appropriate.
   
   
8. The use or misuse of alcohol shall in no way excuse or limit the responsibility of students who participate in disruptive, excessively noisy, or indecent conduct. Inappropriate behavior will be considered a violation of the Ithaca College Student Conduct Code.
   
   
9. At events where behavior is deemed inappropriate, the event may be terminated by a College official and/or the Office of Public Safety at their discretion.
   
   
10. Consumption of alcohol, or the possession of any open container of alcohol is prohibited in all public areas of the Ithaca College campus, unless at a formally registered event. All persons, including members of the campus community, guests, and participants in College sponsored functions, are required to adhere to this policy.
    
    
11. The possession of alcoholic beverages at intercollegiate, intramural, and/or club athletic events is expressly prohibited.
    
    
12. Publicity for an event must adhere to the Ithaca College Solicitation and Advertising Policy. (See section 2.12.)
    
    
13. On-campus, all-you-can-drink-for-the-price-of-admission events are prohibited. Alcoholic beverages must be purchased or procured individually through money, tickets, or some other form of exchange according to the procedures outlined on the Center for Student Leadership and Involvement website (www.ithaca.edu/involvement).
    
    
14. At all events on campus where alcohol is present, food and nonalcoholic beverages must be available. Guidelines for the amount and type of food and nonalcoholic beverages are available from the Office of Conference and Event Services and the Center for Student Leadership and Involvement.
    
    
15. Food and nonalcoholic beverages must be prominently displayed and available at all times during the event (types and quantities required are available from the Office of Conference and Event Services).
    
    
16. The number in attendance at an event should not exceed what is reasonable for the location where the event is to occur. To allow for normal exit and entry, all exits are to be kept clear of people, furniture, and obstructions.
    
    
17. The individuals or organization sponsoring the event will be held responsible and appropriately billed for any damage to or cleaning in  the facility and to other locations that were designated as areas for which the event sponsors are responsible (e.g., bathrooms, lobby). The facility areas for which the event sponsors are responsible will be designated before the event by the Office of Conference and Event Services and/or the Center for Student Leadership and Involvement and outlined in the event summary.
    
    
18. Registered student organizations will abide by the Ithaca College Student Campus Event Policy for all events sponsored on campus. All events on campus must be registered. The sponsor(s) of an event must register the event by completing a recognized student club/organization event planning form. Sponsors at events where alcohol will be available must be 21 or older.
    
    
19. Events held in or on Ithaca College owned, leased, or operated property must comply with the regulations of the facility where the event is held. Different facilities have different closing times. Additional costs may be incurred when a facility is open beyond normal operating hours (including for set-up and clean-up from an event).
    
    
20. Events held outdoors on campus must be registered by completing the recognized student club/organization event planning form.
    
    
21. It is recommended that events to be held off-campus by registered student groups and organizations be organized and implemented using the on-campus event guidelines.
    
    
22. The sponsoring organization is responsible for the actions of all invited and uninvited individuals and guests attending the event.
    
    
23. Depending on the nature of the event, certain restrictions on service may be imposed in order to ensure a successful event and compliance with New York State law. These restrictions may include (but are not limited to); types of alcohol being served, the method of alcohol service/delivery, service hours for alcohol, number of alcoholic beverages per guest, etc.

2.8.8.6.1 Guidelines For Alcoholic And Non-Alcoholic Beverages At All Registered Events and Gatherings

The amount of alcohol allowed at an event is contingent upon the number of people there who are at least 21. The Offices of Conference and Event Services and Catering will work with the organization and sponsor(s) to determine the appropriate amount and type of alcohol that will be made available

When a group of students who are all age 21 or over, wish to register an event with alcohol in a residence hall or apartment, the appropriate paperwork must be submitted through the Office of Residential Life and Judicial Affairs. When determining the amount of alcohol that can be available at these events the following formula for amounts must be used:

Number of 21-year-olds multiplied by the number of hours of function equals number of 12-oz. beer or 5-oz. wine (e.g., six people are 21 and function will be four hours: 6 x 4 = 24 12-oz. beers or 5-oz. wines).

Number of people 21 or older attending a four-hour function	Maximum amount of alcohol allowed	Minimum amount of nonalcoholic beverage for event where alcohol is available*
6	One case of beer or two and a half quarts of wine	Six-pack of soda and/or fruit juice
15	One beer ball (57 12-oz. cups or 684 total ounces) or two cases of beer, or seven quarts of wine, or an equivalent combination of the above	No less than a half-case of soda or an equivalent amount of fruit juices, or an equivalent combination of the above
25	One-quarter keg or four cases of beer, or 10 quarts of wine, or an equivalent combination of the above	No less that one case of soda or an equivalent amount of fruit juices, or an equivalent combination of the above
50	One-half keg or eight cases of beer, or 20 quarts of wine, or an equivalent combination of the above	No less than two cases of soda or an equivalent amount of fruit juices, or an equivalent combination of the above

Students are strictly forbidden to bring additional alcoholic beverages to an event in a residence hall. Only the quantities registered on the appropriate Residential Life form will be made available at an event. Students are strictly forbidden to bring additional alcoholic beverages to a registered event. Quantities of alcoholic beverages will be determined and controlled by the appropriate staff from the Offices of Conference and Event Services and Catering as well as the Center for Student Leadership and Involvement.

*This is in addition to nonalcoholic beverages provided for attendees under the age of 21. The amounts will change proportionately based on the length of the program, number and age of people attending, and type of event.

2.8.8.6.2 New York State Laws Relating to Alcoholic Beverages

The sale of alcoholic beverages at events held in or on Ithaca College-owned, -leased, or -operated property is regulated by the New York State Alcoholic Beverage Control Board. The following information is a summary of the pertinent laws. (For full text, see statute referenced in parentheses.)

1. Selling or Giving Alcohol to a Person under 21

No person shall sell, deliver, or give away or cause, permit, or procure to be sold, delivered, or given away any alcoholic beverages to any person, actually or apparently, under the age of 21. The decision to serve a person shall be at the discretion of the server. (Sect. 65, Alcoholic Beverage Control Law)

2. Procuring Alcohol for a Person under 21

No person shall misrepresent the age of a person under 21 for the purpose of inducing the sale of any alcoholic beverage to that person. (Sect. 65-a, Alcoholic Beverage Control Law)

3. Presenting False Identification

No person under the age of 21 shall present or offer to any licensee under the Alcoholic Beverage Control Law or to the licensee's agent or employee any written evidence of age that is false, fraudulent, or not actually the person's own for the purpose of purchasing or attempting to purchase any alcoholic beverage. (Sect. 65-b, Alcoholic Beverage Control Law)

4. Compensation for Injury Resulting from the Intoxication of a Person under 21

Any person who shall be injured in person, property, means of support, or otherwise by a person under the age of 21 who is intoxicated or whose ability is impaired, whether resulting in death or not, shall have the right to action against any person who causes such intoxication or impairment by unlawfully furnishing to or assisting in procuring alcohol for such person with knowledge or reasonable cause to believe that person was under the age of 21; and in any such action such person or such person's executor shall have the right to recover actual and punitive damages. (Sect. 11-100, General Obligations Law. This section must be read in conjunction with Sect. 65, Beverage Control Law.)

5. Selling or Giving Alcohol to an Intoxicated Person

No person shall sell, deliver, or give away, cause, permit, or procure to be sold, delivered, or given away any alcoholic beverages to any intoxicated person or any person under the influence of alcohol. The decision to serve shall be at the discretion of the server. (Sect. 65, Alcoholic Beverage Control Law)

6. Compensation for Injury Resulting from Illegal Sale of Liquor

Any person who shall be injured in person, property, means of support, or otherwise by an intoxicated person, or by reason of the intoxication of any person, whether resulting in the person's death or not, shall have the 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 or such person's executor shall have a right to recover actual and punitive damages. (Sect 11-100, General Obligation Law. This section must be read in conjunction with Sect. 65, Alcohol Beverage Control Law.)

7. Unlawful Possession of an Alcoholic Beverage with the Intent to Consume by Persons under 21

No person under the age of 21 years shall possess any alcoholic beverage with the intent to consume such beverage. Whenever a peace officer or police officer shall observe a person under 21 years of age in possession of an alcoholic beverage with the intent to consume such beverage, the officer may seize the beverage and issue a summons to appear before a court, which may impose a fine not exceeding $50. (Sect. 65, Alcoholic Beverage Control Law)

8. Liquor Permits

Organizations wishing to serve alcohol at their event must make arrangements with Conference and Event Services at least 30 working days in advance of the event. Liquor permits can only be issued to Ithaca College, not to a specific office, individual or group. All items relating to compliance with New York State Liquor Authority permits including prices and serving times and drink sizes will be determined by the Offices of Conference and Event Services and Catering.

The place where the alcohol is served is subject to all Alcoholic Beverage Control Board rules and regulations and to inspection by the Alcoholic Beverages Control Board and police officials under the authority of dining services/catering staff.

Service of alcoholic beverages may not be made in Tompkins County on Sunday between 1:00 AM and noon, or upon weekdays between 1:00 AM and 8:00 AM.

The individual or group sponsoring an event where alcohol is sold is responsible for being aware of all New York State alcoholic beverage control laws and campus rules and regulations. The sponsoring group is responsible for cooperating with Dining Services, Conference and Event Services, and Public Safety staff in the enforcement of the New York State alcoholic beverage control laws and campus rules and regulations.

2.8.8.6.3 Regulations for Residence Halls

In addition to New York State laws regarding the use of alcohol, the following Ithaca College policies govern the availability of alcoholic beverages in residence hall rooms, apartments, and lounges at gatherings or events.

1.	Possession of kegs, beer balls, wine boxes, multi-quart containers, etc., in student residence hall rooms and suites is prohibited.
2.	Registered small-group gatherings may be held in on-campus apartments (Quad, Garden, and Circle Apartments). A registered small-group gathering (hereinafter referred to as a gathering) is defined as the use of an on-campus apartment by a group of individuals 21 years of age or older where alcohol is present and the gathering is consistent with the alcohol guidelines (see section 2.8.8.6.1). The maximum number of individuals at a gathering in a two- or three-person apartment is 10. The maximum number of individuals in a four-five or six-person apartment is 20.
	Note: Possession of kegs in any on-campus apartments is prohibited.
3.	All events held in public areas in and around the residence hall rooms, suites, or on-campus apartments must be registered with the Office of Residential Life and all procedures must be followed accordingly. In order to register an event students must contact their Residence Director in advance for registration procedures.
4.	Events held in residence hall lounges or other public areas in and around the residence hall rooms, suites, or on-campus apartments, or registered gatherings in on-campus apartments must adhere to College and local fire and safety rules and regulations and must not exceed facility occupancy levels.
5.	Gatherings held in on-campus apartments and events in residence hall lounges and other public areas in and around the residence hall rooms, suites, or on-campus apartments are not permitted if the number of persons in attendance, the noise level, or the behavior of those attending constitutes a disruption of other area residents' rights.
6.	Gatherings and events held in Ithaca College on-campus apartments and events held in residence hall lounges and other public areas must comply with the quiet hours that have been established for that building or area. Campus-wide quiet hours begin at 10:00 p.m., Sunday through Thursday, and 1:00 a.m. on Friday and Saturday nights.
7.	Gatherings in and around the residence hall rooms, suites, or on-campus apartments are not permitted during final exam week and the seven days prior to the start of final exam week.
8.	Gatherings and events where alcohol is available must have food and alternative beverages available during the gathering or event. Cheese and crackers with one additional hot or cold hors d'oeuvre will be considered acceptable food. The residential life staff or facility manager and sponsor(s) will determine the amount of food and alternative beverage that must be available.
9.	The sponsor(s) of an event or gathering must be in attendance at the event or gathering at all times in order to monitor the event or gathering and ensure that it, as well as those in attendance, are in compliance with the Ithaca College Student Conduct Code, Campus Event Policy, and Residential Life Rules and Regulations. The sponsor(s) of the event or gathering are responsible for the actions of all individuals and guests who attend the event or gathering, whether invited or uninvited.

2.8.8.7 Policy on Compliance with the Omnibus Transportation Employee Testing Act

Ithaca College has long been committed to providing a campus environment that is safe and conducive to learning. In accordance with that commitment and in compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments, human resource policies and student conduct regulations prohibit the unlawful use, possession, distribution, dispensation, or manufacture of controlled substances in or on College property, or in college-related activities. For employees working directly under a federal grant or contract, a further obligation exists to report promptly any criminal conviction related to drug possession or use in the workplace.

Ithaca College, along with all employers who engage "safety-sensitive" vehicle drivers, is mandated to comply with the requirements of the Omnibus Transportation Employee Testing Act (OTETA) applicable to the College as of January 1, 1996. In brief, the OTETA requires alcohol and drug testing for all drivers who are required to hold commercial driver's licenses (CDL) as part of their job requirements and as noted in their job descriptions.

The testing to be undergone by employees required to hold CDLs will include the following for drugs:

1. pre-employment
2. reasonable suspicion
3. post-accident
4. random
5. return to work
6. follow up

The testing to be undergone by employees required to hold CDLs will include the following for alcohol:

1. reasonable suspicion
2. post-accident
3. random
4. return to work
5. follow up

Any employee whose position requires a CDL is subject to this drug and alcohol testing program and this policy serves as notification to covered employees.

All "safety-sensitive" drivers must attend at least one training session; all supervisors of "safety-sensitive" drivers must attend at least one hour of training on the signs and symptoms of drug and alcohol abuse. The associate vice president for facilities management, in cooperation with the Office of Human Resources, will be responsible for planning and implementing these programs on a regular basis in compliance with the law. Information about treatment options, referrals, and insurance coverage may be obtained in confidence from the benefits department in the Office of Human Resources.

Testing of employees will be conducted by a certified independent contractor. Positive drug testing results and records are maintained under confidentiality by the Office of Human Resources, the drug testing laboratory, and the medical review officer (MRO); records will be released only to authorized College staff for official purposes, to communicate the results at judicial or administrative proceedings, or with the written consent of the driver.

A driver cannot be returned to "safety-sensitive" duties until the driver has been evaluated by a substance abuse professional or MRO, has complied with the recommended program of rehabilitation, and has a negative result on a return-to-duty drug test.

Drivers who engage in prohibited alcohol-related conduct must be immediately removed from "safety-sensitive" functions and cannot return to those duties until they have been evaluated by a substance abuse professional and have complied with any treatment recommendations to assist them with an alcohol problem.

Refusal to submit to an alcohol or drug test is prohibited and will be treated as a positive test. The employee will be removed from duty and assigned to a substance abuse professional for evaluation.

Any "safety-sensitive" employee who tests positive for alcohol or drugs or refuses to be tested, in addition to following the prescribed regulations of the OTETA, will be subject to the same disciplinary measures which apply to all Ithaca College employees as described in the Ithaca College Policy Manual (see Volume III and Volume V, section 5.5 as applicable). Each case will be decided by the employee's supervisor and the director of human resources in conjunction with the evaluator (MRO) on its specific merits and with consideration of the employee's work record, length of service, and any previous disciplinary measures, particularly those resulting from a prior positive test.

Depending on the circumstances, a "safety-sensitive" employee can be terminated immediately if the employee tests positive for alcohol or drugs in case, for example, of a serious injury or a refusal to be tested.

2.8.8.7.1 Conducting of Tests

Testing of employees for both alcohol and drugs will be conducted by a certified independent contractor. By law, Ithaca College is required to randomly test 50 percent (50%) of the driver pool for drug use and 25 percent (25%) of the driver pool for alcohol use each year. These percentage rates can raise or lower in following years depending on the number of positive tests which occur.

Pre-employment testing for drugs will occur prior to the start of work for an employee who is required to hold a CDL. If the test is positive, the offer of the position will be withdrawn.

Random testing for both alcohol and drugs will occur at unannounced times during the year. The contract administrator will generate the list of employees to be randomly tested and notify the supervisor on the day the tests are to be taken. Post-accident testing will be administered to a driver when a driver is involved in an accident that results in a fatality, when the driver is issued a citation for the driver's performance, or when a vehicle must be towed from the accident site.

Reasonable suspicion testing will be conducted when a trained supervisor observes behavior of an employee that is characteristic of alcohol or drug misuse.

Return to duty and follow-up testing is required when an individual who has violated the alcohol or drug conduct standards returns to the individual's duties. Follow-up tests are unannounced and at least six (6) tests are conducted in the first twelve (12) months following return to duty. Follow-up testing may extend up to 60 months following the employee's return to work.

2.8.8.7.2 Alcohol Guidelines

Alcohol is a legal substance for individuals 21 years of age or over, but under the OTETA, specific rules define prohibited alcohol-related conduct. Breath alcohol content (BAC) testing level readings of .02 to .039 preclude an employee from driving in a "safety-sensitive" position for a period of 24 hours. BAC levels of .04 and above are considered a positive test, and the employee will be removed from duty and referred to a substance abuse professional for evaluation. Refusing to submit to an alcohol test and using alcohol within eight hours after an accident or until tested are prohibited.

2.8.8.7.3 Drug Guidelines

The drugs prohibited from use include marijuana (THC metabolite), cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). The method of determining drug use will be through analysis of urine specimens of the employee. The drug rules, under OTETA, prohibit any unauthorized use of controlled substances. Illicit use of drugs by Ithaca College's CDL drivers is prohibited on or off duty.

More details regarding this policy may be obtained from the associate vice president for the Office of Facilities or the Office of Human Resources.

Last Updated: June 1, 2008