Alcohol and Other Drug Policy
As members of the Pace University community, students are responsible for knowing and complying with all University policies, practices, and procedures. These policies may be found in various locations, including, but not limited to, the online Student Handbook.
In accordance with legal requirements, the University distributes certain policies and information to students and other members of the Pace University community.
Students who have questions regarding these policies and information, or any University policy, practice, or procedure, are encouraged to seek clarification from the Dean for Students Office on their respective campus.
The University reserves the right to amend its policies, practices, and procedures at any time, with or without prior notice. When practicable, the University will endeavor to provide advance notice of such changes. Students are responsible for remaining informed of updates to existing policies, as well as the implementation of new policies and procedures.
Policy Statement
Pace University is firmly committed to maintaining a healthy and safe environment for all members of the University community. The unlawful use of alcohol or drugs, or any use that violates this Policy, will not be tolerated.
University policy strictly prohibits the unlawful use, possession, sale, distribution, or manufacture of alcohol and controlled substances on University property or at University-sponsored programs and activities. Additionally, except in limited circumstances outlined below, alcohol is not permitted on University property or at University-sponsored programs and activities, even when possession or consumption may otherwise be lawful.
There are two limited exceptions to the prohibition on the possession and consumption of alcohol on University property and at University-sponsored programs and activities. The first exception permits the moderate possession and consumption of alcohol at University-sponsored programs and activities by individuals who are legally permitted to do so, provided that prior written approval has been obtained from the appropriate University representative. The second exception allows students who are at least 21 years of age or older to consume alcoholic beverages of no more than 12% ABV and no more than 72 ounces in volume in the privacy of their room. Neither the volume nor the percentage of alcohol by volume may exceed these amounts.
This Policy applies to all members of the University community, including students, faculty, and staff, as well as contractors, vendors, licensees, invitees, and visitors.
This Policy complies with the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act and is distributed to all students, faculty, and staff.
Controlled Substances and Alcohol
The illegal use of controlled substances and alcohol and the abuse of alcohol and prescription drugs may lead to permanent health conditions including, but not limited to, disorders of the central nervous system, reproductive functioning, cardiovascular and pulmonary systems, and endocrine functioning. In addition, there may be both short-term and long-term effects on cognition, memory, retention, information processing, coordination, athletic performance, academic performance, and the exercise of judgment.
Controlled Substances
All drugs, whether illegal or prescribed, alter the chemical balance of the body. The misuse of drugs may lead to addiction and even death. Drug addiction and abuse can cause serious damage to the brain, stomach, lungs, liver, kidneys, heart, and the immune and reproductive systems.
Possession of a Controlled Substance
Under federal law (21 U.S.C. § 844), it is unlawful for any person to knowingly or intentionally possess a controlled substance, unless such possession is authorized by law, such as when the substance has been obtained pursuant to a valid prescription.
Penalties for the unlawful possession of a controlled substance for personal use vary depending on prior convictions. A first conviction may result in up to one (1) year of imprisonment, a minimum fine of $1,000, or both. A second conviction may result in a period of imprisonment ranging from fifteen (15) days to two (2) years, along with a minimum fine of $2,500. A third or subsequent conviction may result in imprisonment ranging from ninety (90) days to three (3) years, and a minimum fine of $5,000.
Federal law does not impose different penalties for simple possession based on the quantity of a controlled substance, including cocaine base (commonly referred to as crack cocaine). Enhanced penalties based on drug type or quantity apply to distribution and trafficking offenses, not to possession for personal use.
Trafficking In Controlled Substances
Under federal law (21 U.S.C. § 841), it is unlawful to knowingly or intentionally manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance. These offenses are commonly referred to as drug trafficking offenses.
Penalties for trafficking in controlled substances are significantly more severe than those for simple possession and vary depending on the type of controlled substance involved, the quantity involved, and any prior convictions.
Federal law also provides enhanced penalties in certain circumstances. If a person 18 years of age or older distributes a controlled substance to a person under the age of 21 (21 U.S.C. § 859), penalties may be doubled for a first conviction and tripled for subsequent convictions. Enhanced penalties may also apply for distributing, manufacturing, or possessing with intent to distribute a controlled substance within 1,000 feet of a school, college or university, playground, or public housing facility, or within 100 feet of a youth center, public swimming pool, or video arcade facility (21 U.S.C. § 860). In such cases, penalties may likewise be doubled for a first offense and tripled for subsequent offenses.
The website of the Drug Enforcement Administration is a useful source of information about controlled substances.
Alcohol
Inappropriate use and abuse of alcohol is often associated with lower academic performance and failures, sexually transmitted diseases and unplanned pregnancies, vandalism, aggressive behaviors including sexual assault and rape, injuries, death, and prosecution for crimes related to the consumption of alcohol. Even small amounts of alcohol may impair the ability to concentrate, as well as the judgment and coordination required to drive a car safely, thus increasing the likelihood that the driver will be involved in an accident. Small to moderate amounts of alcohol may also increase the incidence of a variety of aggressive acts, including spousal and child abuse. Moderate to high doses of alcohol can cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses may result in respiratory depression and even death. When used in conjunction with other depressants of the nervous system, even a small amount of alcohol can result in these effects.
Repeated use of alcohol may lead to dependence or addiction. The sudden cessation of alcohol consumption produces withdrawal symptoms such as severe anxiety, tremors, hallucinations and convulsions, and can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, may also lead to permanent damage to vital organs such as the brain and liver.
Women who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. Infants with fetal alcohol syndrome have irreversible physical abnormalities and mental retardation. Further, research shows that children of alcoholic parents are at greater risk than other children of becoming alcoholics themselves.
Federal law establishes 21 years of age as the minimum legal drinking age nationwide under the National Minimum Drinking Age Act. While this federal law requires states to enforce the minimum drinking age or risk the loss of federal highway funding, criminal penalties related to alcohol use are governed primarily by state law, including New York State law.
Under New York State law, it is unlawful to sell, give, or cause to be sold or given, any alcoholic beverage to a person under the age of 21. Individuals who violate this law may be subject to criminal penalties, which can include imprisonment for up to one-year, monetary fines, or both, depending on the circumstances of the offense.
New York State law also prohibits persons under the age of 21 from possessing alcoholic beverages with the intent to consume them. Violations may result in monetary fines, completion of an alcohol awareness program, community service, or a combination of these sanctions, based on the nature of the violation and any prior offenses.
It is a violation of New York State law for a person under the age of 21 to present false, fraudulent, or another person’s written proof of age for the purpose of purchasing or attempting to purchase alcoholic beverages. Penalties may include fines, community service, and completion of an alcohol awareness program or substance abuse evaluation. The use of a false or fraudulent government-issued identification, such as a driver’s license, may constitute a felony offense and can result in significant criminal penalties, including imprisonment and monetary fines, depending on the charge and circumstances.
New York State law makes it unlawful to operate a motor vehicle while intoxicated, defined as having a blood alcohol content (BAC) of 0.08 percent or higher, or while in an intoxicated or impaired condition due to alcohol or other drugs. Operating a motor vehicle while impaired by alcohol or drugs is a criminal offense and carries serious legal consequences.
Additionally, under New York’s Zero Tolerance Law, a person under the age of 21 who operates a motor vehicle with a BAC between 0.02 percent and 0.07 percent is subject to civil penalties, including monetary penalties, fees, and suspension or revocation of driving privileges. Further details regarding penalties for Driving While Intoxicated, Driving While Ability Impaired, and Zero Tolerance violations are outlined in Appendix C – Driver’s License Penalties. (See Appendix C – Drivers License Penalties (PDF)).
University Sanctions
Any violation of the University's Drug and Alcohol Policy may be disciplined in accordance with the University's disciplinary procedures for students and for employees. Further, the University may refer the student or employee for criminal prosecution. Any sanction imposed by the University is independent of, and is in addition to, any penalty imposed in connection with a criminal conviction.
The sanctions that may be imposed on a student include, but are not limited to, probation, suspension, dismissal and expulsion from University housing and/or the University. The sanctions imposed on an employee may include the termination of their employment.
The sanctions described below are illustrative of the range and severity of sanctions that may be imposed on a student, but they do not constitute a complete list of the possible sanctions. In determining a sanction, the University will consider the nature and severity of the violation, the impact of the transaction on the Pace community as well as on the community at large, and the student's disciplinary history.
Alcohol/ Cannabis Violation
There are 3 levels/offenses of alcohol violations. Greater sanctions may be imposed for each successively higher level of violation including Parental/Guardian notification:
- Level 1/First Offense. A student found responsible for a Level 1 or first offense is subject to the following mandatory sanctions: disciplinary probation for a period of three (3) months and assignment of conduct points. In addition, the student will be required to complete one (1) educational sanction, which may include an under-the-influence reflection paper, Marijuana 101 with a reflection activity, or another approved educational sanction that includes a reflection component. A guest's restriction in the residence hall may be imposed. For students on Pace athletic teams, coach notification will be sent to the Director of Athletics.
- Level 2/Second Offense. Typically involves a repeat offense or a first offense that resulted in harm to the student, others, or property, or transport to the hospital. Sanctions include, but are not limited to, six (6) months to one (1) year of probation, the assignment of conduct points, parental/ Guardian notification, and a final warning if applicable. The student must also complete two (2) educational sanctions, which may include an Alcohol and Other Drug (AOD) assessment, alcohol education programs with reflection activity, guest restriction in the residence halls, revocation of privileges in the residence halls or other campus activities, or other educational sanctions as assigned. Any alcohol-related hospital transport will automatically result in a Level 2 violation and includes a mandatory referral for assessment by an AOD counselor.
- Level 3/Third Offense. Reflects a pattern of repeated misconduct or a serious incident involving harm to the student, others or property. These violations carry out the most serious institutional sanctions. Sanctions may include removal from the University for no less than one (1) year, suspension from the residence halls and/or the University for no less than one (1) year, completion of an AOD re-assessment, and the assignment of conduct points.
Controlled Substances
Violations of the University's Drug and Alcohol Policy relating to the unlawful possession, use, or distribution of controlled substances, even if a first offense, are serious in nature. Such violations may result in more severe disciplinary sanctions, even if there is no harm to the student, others, or property, than if the violation is related to the use of alcohol. Sanctions include, but not limited to, probation, suspension from housing or University, dismissal, or expulsion.
- Level 1/First Offense. A student found responsible for a Level 1 violation will be placed on probation for a period of three (3) months and may be assigned up to fifteen (15) conduct points. In addition, the student will be required to complete a reflection paper. A guest restriction within the residence halls will also be imposed for the duration of the probationary period or as otherwise specified in the outcome letter.
- Level 2/Second Offense. A student found responsible for a second violation involving possession or use of illegal drugs other than cannabis, possession of drug paraphernalia, or being a party to such activity will be placed on probation for six (6) months and may receive up to fifteen (15) conduct points. The student will be required to complete an Alcohol and Other Drug (AOD) Assessment and submit a reflection paper. Parental notification will occur, and a final warning will be issued, indicating that any subsequent violation may result in more severe disciplinary action. Additional sanctions may include revocation of privileges within the residence halls and/or participation in other campus activities.
- Level 3/Third Offense. A student found responsible for a third violation will be placed on University Probation for a period of not less than one (1) year. The student may also be suspended from the residence halls and/or the University for not less than one (1) year. An Alcohol and Other Drug (AOD) re-assessment will be required, and the student may receive up to fifteen (15) conduct points. Further disciplinary action may be imposed as deemed appropriate based on the severity and circumstances of the violation.
Elevated Drug Violation
A student found responsible for the manufacture, distribution, possession with intent to sell, or sale of any illegal drugs, or for being a party to such activity, will be subject to the most severe disciplinary action. Sanctions will include full University Suspension for a period of not less than one (1) year. Depending on the severity of the violation, including the nature, scope, and impact of the conduct, the student may also be subject to expulsion from the University.