Drugs & Alcohol

I. Introduction
II. Standards of Conduct
III. Legal Sanctions
IV. Health Risks
V. Drug & Alcohol Programs
VI. Disciplinary Sanctions
VII. Definitions

I. Introduction

Westchester Community College is committed to maintaining an environment that supports academicsuccess and personal wellness for all members of our college community. The misuse of alcohol andillegal drugs interferes with the college’s goal of fostering a healthy and safe learning and workenvironment and can have a devastating effect on all members of the community. In accordance withthe Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989,Westchester Community College maintains a program to prevent the unlawful manufacture,distribution, dispensation, possession and use of illegal drugs or alcohol by students and employees.

II. Standards of Conduct

Drugs

Westchester Community Colleges prohibits the manufacture, distribution, sale, possession, and/or useof illicit drugs and/or loitering with intent to engage in these activities on Westchester CommunityCollege property, in Westchester Community College facilities, and/or at Westchester CommunityCollege on- or off-campus activities or events sponsored by the institution. This includes student-sponsored social activities or professional meetings attended by employees that the campus authorizesand/or use any campus resources. This policy is applicable for all employees and students who areregistered for at least one course for any type of credit, except for continuing education units.An employee convicted of any violation of the criminal drug statutes for activities in or on propertyowned or controlled by Westchester Community College or at activities sponsored by WestchesterCommunity College must notify the Office of Human Resource Services, of the conviction, in writing,within five calendar days of conviction. Student workers must notify the Office of Human ResourceServices. Medical testing may be done if Westchester Community College has a reasonable suspicionthat an employee is unable to perform job duties due to the misuse of alcohol, controlled substances, orprescription drugs. The Omnibus Transportation Employee Testing Act of 1991 (OTETA) also requiresWestchester Community College to conduct pre-employment, pre-assignment (promotion), reasonablesuspicion, post-accident, random, follow-up and return to duty alcohol and drug testing on allemployees whose positions require the possession of a Commercial Driver’s License (CDL).

Alcohol

Employees and students are expressly prohibited from selling, dispensing, or consuming alcoholic beverages on Westchester Community College property, in Westchester Community College facilities, or at Westchester Community College activities or events.

Exceptions may be approved under the following circumstances only:

A. Approved off-campus student events that receive prior written approval from the Vice
President of Student Access, Involvement & Success.
a. Sale of alcohol at an approved student event shall be limited to beer, wine
(including champagne), and hard cider. No alcoholic beverages other than these
three types, including any other liquor or spirits may be served or sold at any event.
The type of alcoholic service is limited to a cash bar; open bars are prohibited.
b. The approved student event must have a purpose other than the consumption of
alcoholic beverages and alcoholic beverages may not be used for drinking games or
as contest prizes.
c. Advertising for an approved event that includes the pre-approved sale of alcoholic
beverages may not suggest or indicate the availability of alcoholic beverages, nor
may it suggest an event purpose associated with consumption of alcoholic
beverages.
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d. The venue chosen for an approved student event held off campus at a commercial
business must be a venue whose primary purpose and business is not the sale and
service of Alcoholic Beverages.
e. For approved student events held off campus where alcoholic beverages are sold or
served, the venue where the approved student event is to be held, or catering
business serving the alcoholic beverages, must assume all liability with regard to the
sale or service of alcoholic beverages either under proper local and/or state licenses
and permits and liability insurance or personal liability. Proof of liability should be
provided to VP of Student Access, Involvement & Success at the time the request is
made for approval.
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III. Legal Sanctions
Violators of the WCC Policy on Drugs & Alcohol may be subject to both WCC sanctions and criminal
sanctions under federal, state, and local law.
Under federal law, a person convicted of any federal or state offense involving possession of a
controlled substance is ineligible to receive any and all federal benefits (e.g., student loans, social
security) for a period of up to one year. A person convicted of the distribution of a controlled substance
may be ineligible for any or all federal benefits for up to five years. There are both federal and state laws
dealing with the distribution or manufacture of controlled substances in or near schools or colleges or
universities. Federal law provides that a drug offense within 1,000 feet of Westchester Community
College is punishable by a term of imprisonment and a fine of up to twice the amount authorized for the
same offense when it is committed away from Westchester Community College.
Below are descriptions of applicable legal sanctions under state and federal law for the unlawful
possession or distribution of illicit drugs and alcohol.
New York State Penal Law – Drugs:
NYS Penal Law: Article 220 – Controlled Substances Offenses;
Article 221 – Offenses Involving Marihuana; and
Article 178 – Criminal Diversion of Prescription Medications and Prescriptions
NYS Penal Law
Controlled
Substances
Offenses
Specifics Sentence
§ 220.03 Criminal
possession of a
controlled
substance (7th
degree).
Knowingly and unlawfully possessing a controlled
substance (any substance listed in §3306 of the NYS
Public Health Law other than marihuana, but including
concentrated cannabis as defined in §3302 of NYS
Penal Law Article 220).
Class A misdemeanor:
imprisonment up to one year.
§ 220.06 Criminal
possession of a
controlled
substance (5th
degree).
Knowingly and unlawfully possessing:
1. a controlled substance with intent to sell it; or
2. one or more preparations, compounds, mixtures
or substances containing a narcotic preparation
(aggregate weight of ½ oz or more); or
3. phencyclidine (50 mg or more); or
4. one or more preparations, compounds, mixtures
or substances containing concentrated cannabis
(aggregate weight of ¼ oz ounce or more); or
5. cocaine (500 mg or more); or
Class D felony: imprisonment
for 1 to 2 ½ years (may be
sentenced to probation). For a
2nd time offender:
imprisonment for 1 ½ to 4
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 2 ½ to 4 ½
years.
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6. ketamine (more than 1,000 mg); or
7. ketamine, and has previously been convicted of
possession or the attempt to commit possession of
ketamine in any amount; or
8. one or more preparations, compounds, mixtures
or substances containing gamma hydroxybutyric
acid (aggregate weight of 28 g or more).
§ 220.09 Criminal
possession of a
controlled
substance (4th
degree).
Knowingly and unlawfully possessing:
1. one or more preparations, compounds, mixtures
or substances containing a narcotic drug (an
aggregate weight of 1/8 oz or more); or
2. one or more preparations, compounds, mixtures
or substances containing methamphetamine, its
salts, isomers or salts of isomers (an aggregate
weight of ½ oz or more); or
3. one or more preparations, compounds, mixtures
or substances containing a narcotic preparation (an
aggregate weight of 2 oz or more); or
4. a stimulant (1 g or more); or
5. lysergic acid diethylamide (1 mg or more); or
6. a hallucinogen (25 mg or more); or
7. a hallucinogenic substance (1 g or more); or
8. a dangerous depressant (10 oz or more); or
9. a depressant (2 lbs or more); or
10. one or more preparations, compounds, mixtures
or substances containing concentrated cannabis
(an aggregate weight of 1 oz or more); or
11. phencyclidine (250 mg or more); or
12. methadone 360 mg or more); or
13. phencyclidine (50 mg or more) with intent to sell it
and has previously been convicted of an offense
defined in § 220 or the attempt or conspiracy to
commit any such offense); or
14. ketamine (4,000 mg or more); or
15. one or more preparations, compounds, mixtures or
substances containing gamma hydroxybutyric acid
(aggregate weight of 200 g or more).
Class C felony: imprisonment
for 1 to 5 ½ years (may be
sentenced to probation). For a
2nd time offender:
imprisonment for 2 to 8 years
(may be sentenced to parole
supervision). For a 2nd time
offender previously convicted
of a violent felony
imprisonment for 3 ½ to 9
years.
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§ 220.16 Criminal
possession of a
controlled
substance (3rd
degree).
Knowingly and unlawfully possessing:
1. a narcotic drug with intent to sell it; or
2. a stimulant, hallucinogen, hallucinogenic
substance, or lysergic acid diethylamide, with
intent to sell it and has previously been convicted of
an offense defined in § 220 or the attempt or
conspiracy to commit any such offense; or
3. a stimulant (1 g or more) with intent to sell it; or
4. lysergic acid diethylamide (1 mg or more) with
intent to sell it; or
5. a hallucinogen (25 mg or more) with intent to sell
it; or
6. a hallucinogenic substance (1 g or more) with
intent to sell it; or
7. one or more preparations, compounds, mixtures
or substances containing methamphetamine, its
salts, isomers or salts of isomers (1/8 oz or more)
with intent to sell it; or
8. a stimulant (5 g or more); or
9. lysergic acid diethylamide (5 mg or more); or
10. a hallucinogen (125 mg or more): or
11. a hallucinogenic substance (5 g or more); or
12. one or more preparations, compounds, mixtures
or substances containing a narcotic drug
(aggregate weight of ½ oz or more); or
13. phencyclidine (1250 mg or more).
Class B felony: imprisonment
for 1 to 9 years (may be
sentenced to probation) [in or
near school grounds, 2 to 9
years]. For a 2nd time offender:
imprisonment for 3 ½ to 12
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 6 to 15 years.
§ 220.18 Criminal
possession of a
controlled
substance (2nd
degree).
Knowingly and unlawfully possessing:
1. one or more preparations, compounds, mixtures
or substances containing a narcotic drug (aggregate
weight of 4 oz or more); or
2. one or more preparations, compounds, mixtures
or substances containing methamphetamine, its
salts, isomers or salts of isomers (aggregate weight
of 2 oz or more); or
3. a stimulant (10 g or more); or
4. lysergic acid diethylamide (25 mg or more); or
5. a hallucinogen (625 mg or more); or
Class A-II felony: imprisonment
3 to 10 years. For a 2nd time:
offender, imprisonment for 6 to
14 years (may be sentenced to
lifetime probation). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 8 to 17 years.
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6. a hallucinogenic substance (25 g or more); or
7. methadone (2850mg or more).
§ 220.21 Criminal
possession of a
controlled
substance (1st
degree).
Knowingly and unlawfully possessing:
1. one or more preparations, compounds, mixtures
or substances containing a narcotic drug (aggregate
weight of 8 oz or more); or
2. methadone (5760 mg or more).
Class A-I felony: imprisonment
for 8 to 20 years. For a 2nd time
offender: imprisonment for 12
to 24 years. For a 2nd time
offender previously convicted
of a violent felony,
imprisonment for 15 to 30
years.
§ 220.25 Criminal
possession of a
controlled
substance
(presumption).
1. The presence of a controlled substance in an automobile, other than a public omnibus,
is presumptive evidence of knowing possession by each and every person in the
automobile at the time the substance was found (see §220.25 for exceptions).
2. The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in
open view in a room, other than a public place, under circumstances evincing an intent
to unlawfully mix, compound, package or otherwise prepare for sale such substance is
presumptive evidence of knowing possession thereof by each and every person in close
proximity to such controlled substance at the time such controlled substance was
found (see §220.25 for exceptions).
§ 220.31 Criminal
sale of a controlled
substance (5th
degree).
Knowingly and unlawfully selling a controlled
substance (any substance listed in schedule I, II, III, IV
or V of §3306 of the NYS Public Health Law other than
marihuana, but including concentrated cannabis as
defined in paragraph (a) of subdivision four of §3302
of NYS Penal Law Article 220).
Class D felony: imprisonment
for 1 to 2 ½ years (may be
sentenced to probation). For a
2nd time offender:
imprisonment for 1 ½ to 4
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 2 ½ to 4 ½
years.
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§ 220.34 Criminal
sale of a controlled
substance (4th
degree).
Knowingly and unlawfully selling:
1. a narcotic preparation; or
2. a dangerous depressant (10 oz or more) or a
depressant (2 lbs or more); or
3. concentrated cannabis as defined in §3302 of the
NYS Public Health Law; or
4. phencyclidine (50 mg or more); or
5. methadone; or
6. phencyclidine (any amount) and previously convicted
of an offense defined in this article or the attempt
or conspiracy to commit any such offense; or
7. ketamine (4,000 mg or more); or
8. a controlled substance in violation of section
220.31, when such sale takes place upon school
grounds; or the grounds of an educational facility
under circumstances evincing knowledge by the
defendant that such sale is taking place upon such
grounds; or
9. one or more preparations, compounds, mixtures
or substances containing gamma hydroxybutyric
acid (28 g or more), as defined in §3306 of the NYS
Public Health Law.
Class C felony: imprisonment
for 1 to 5 ½ years (may be
sentenced to probation). For a
2nd time offender:
imprisonment for 2 to 8 years
(may be sentenced to parole
supervision). For a 2nd time
offender previously convicted
of a violent felony
imprisonment for 3 ½ to 9
years.
§ 220.39 Criminal
sale of a controlled
substance (3rd
degree).
Knowingly and unlawfully selling:
1. a narcotic drug; or
2. a stimulant, hallucinogen, hallucinogenic substance,
or lysergic acid diethylamide (and previously
convicted of an offense defined in §220 or the
attempt or conspiracy to commit any such offense;
or
3. a stimulant (1 g or more); or
4. lysergic acid diethylamide (1 mg or more); or
5. a hallucinogen (25 mg or more); or
6. a hallucinogenic substance (1 g or more); or
7. one or more preparations, compounds, mixtures
or substances containing methamphetamine, its
salts, isomers or salts of isomers (aggregate weight of
1/8 oz or more); or
Class B felony: imprisonment
for 1 to 9 years (may be
sentenced to probation) [in or
near school grounds, 2 to 9
years]. For a 2nd time offender:
imprisonment for 3 ½ to 12
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 6 to 15 years.
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8. phencyclidine (250 mg or more); or
9. a narcotic preparation to a person less than 21 years
old.
§ 220.41 Criminal
sale of a controlled
substance (2nd
degree).
Knowingly and unlawfully selling:
1. one or more preparations, compounds, mixtures
or substances containing a narcotic drug (aggregate
weight of ½ oz or more); or
2. one or more preparations, compounds, mixtures
or substances containing methamphetamine, its
salts, isomers or salts of isomers (aggregate weight
of ½ oz or more); or
3. a stimulant (5 g or more); or
4. lysergic acid diethylamide (5 mg or more); or
5. a hallucinogen (125 mg or more); or
6. a hallucinogenic substance (5 g or more); or
7. methadone (360 mg or more).
Class A-I felony: imprisonment
for 8 to 20 years. For a 2nd time
offender: imprisonment for 12
to 24 years. For a 2nd time
offender previously convicted
of a violent felony,
imprisonment for 15 to 30
years.
§ 220.43 Criminal
sale of a controlled
substance (1st
degree).
Knowingly and unlawfully selling:
1. one or more preparations, compounds, mixtures
or substances containing a narcotic drug (aggregate
weight of 2 oz or more); or
2. methadone (2880 mg or more).
Class A-II felony: imprisonment
3 to 10 years. For a 2nd time:
offender, imprisonment for 6 to
14 years (may be sentenced to
lifetime probation). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 8 to 17 years.
§ 220.44 Criminal
sale of a controlled
substance in or
near school
grounds.
Knowingly and unlawfully selling:
1. a controlled substance in violation of any one of
subdivisions 1– 6-a of §220.34, when such sale takes
place upon school grounds; or
2. a controlled substance in violation of any one of
subdivisions 1– 8 of §220.39, when such sale takes
place upon school grounds; or
3. a controlled substance in violation of any one of
subdivisions 1– 6 of §220.34, when such sale takes
place upon the grounds of an educational facility
Class B felony: imprisonment
for 1 to 9 years (may be
sentenced to probation) [in or
near school grounds, 2 to 9
years]. For a 2nd time offender:
imprisonment for 3 ½ to 12
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 6 to 15 years.
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under circumstances evincing knowledge by the
defendant that such sale is taking place upon such
grounds; or
4. a controlled substance in violation of any one of
subdivisions 1–8 of §220.39, when such sale takes
place upon the grounds of an educational facility
under circumstances evincing knowledge by the
defendant that such sale is taking place upon such
grounds.
§ 220.45 Criminally
possessing a
hypodermic
instrument.
Knowingly and unlawfully possessing or selling a
hypodermic syringe or hypodermic needle.
Class A misdemeanor:
imprisonment up to one year.
§ 220.46 Criminal
injection of a
narcotic drug.
Knowingly and unlawfully possessing a narcotic drug
and intentionally injecting, by means of a hypodermic
syringe or hypodermic needle, all or any portion of that
drug into the body of another person with the latter’s
consent.
Class E felony: imprisonment 1
to 1 ½ years (may be sentenced
to probation). For a 2nd time
offender: imprisonment for 1 ½
and 2 years (may be sentenced
to parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment 2 to 2 ½ years.
§ 220.50 Criminally
using drug
paraphernalia (2nd
degree).
Knowingly possessing or selling:
1. diluents, dilutants or adulterants, including but not
limited to, any of the following: quinine
hydrochloride, mannitol, mannite, lactose or
dextrose, adapted for the dilution of narcotic drugs
or stimulants under circumstances evincing an
intent to use, or under circumstances evincing
knowledge that some person intends to use, the
same for purposes of unlawfully mixing,
compounding, or otherwise preparing any narcotic
drug or stimulant; or
2. gelatine capsules, glassine envelopes, vials, capsules
or any other material suitable for the packaging of
individual quantities of narcotic drugs or stimulants
under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some
person intends to use, the same for the purpose of
unlawfully manufacturing, packaging or dispensing
of any narcotic drug or stimulant; or
Class A misdemeanor:
imprisonment up to one year.
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3. scales and balances used or designed for the purpose
of weighing or measuring controlled substances,
under circumstances evincing an intent to use, or
under circumstances evincing knowledge that
some person intends to use, the same for
purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant.
§ 220.55 Criminally
using drug
paraphernalia (1st
degree).
Committing the crime of criminally using drug
paraphernalia in the second degree and having
previously been convicted of criminally using drug
paraphernalia in the 2nd degree.
Class D felony: imprisonment
for 1 to 2 ½ years (may be
sentenced to probation). For a
2nd time offender:
imprisonment for 1 ½ to 4
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 2 ½ to 4 ½
years.
§ 220.60 Criminal
possession of
precursors of
controlled
substances.
Possessing and at the same time intending to unlawfully
manufacture:
1. a controlled substance; or
2. carbamide (urea) and propanedioc and malonic acid
or its derivatives; or
3. ergot or an ergot derivative and diethylamine or
dimethyl-formamide or diethylamide; or
4. phenylacetone (1-phenyl-2 propanone) and
hydroxylamine or ammonia or formamide or
benzaldehyde or nitroethane or methylamine; or
5. pentazocine and methyliodide; or
6. phenylacetonitrile and dichlorodiethyl methylamine
or dichlorodiethyl benzylamine; or
7. diephenylacetonitrile and dimethylaminoisopropyl
chloride; or
8. piperidine and cyclohexanone and bromobenzene
and lithium or magnesium; or
9. 2, 5-dimethoxy benzaldehyde and nitroethane and a
reducing agent.
Class E felony: imprisonment 1
to 1 ½ years (may be sentenced
to probation). For a 2nd time
offender: imprisonment for 1 ½
and 2 years (may be sentenced
to parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment 2 to 2 ½ years.
§ 220.65 Criminal
sale of a
prescription for a
When, being a practitioner, as that term is defined in
§3302 of the NYS Public Health Law, knowingly and
Class C felony: imprisonment
for 1 to 5 ½ years (may be
sentenced to probation). For a
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controlled
substance.
unlawfully selling a prescription for a controlled
substance.
2nd time offender:
imprisonment for 2 to 8 years
(may be sentenced to parole
supervision). For a 2nd time
offender previously convicted
of a violent felony
imprisonment for 3 ½ to 9
years.
§ 220.70 Criminal
possession of
methamphetamine
manufacturing
material (2nd
degree).
Possessing a precursor, a chemical reagent or a solvent
with the intent to use or knowing another intends
to use such precursor, chemical reagent, or solvent to
unlawfully produce, prepare or manufacture
methamphetamine.
Class A misdemeanor:
imprisonment up to one year.
§ 220.71 Criminal
possession of
methamphetamine
manufacturing
material (1st
degree).
Committing the offense of criminal possession of
methamphetamine manufacturing material in the
second degree, as defined in § 220.70, and has
previously been convicted within the preceding 5
years of criminal possession of methamphetamine
manufacturing material in the 2nd degree or a
violation of this section.
Class E felony: imprisonment 1
to 1 ½ years (may be sentenced
to probation). For a 2nd time
offender: imprisonment for 1 ½
and 2 years (may be sentenced
to parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment 2 to 2 ½ years.
§ 220.72 Criminal
possession of
precursors of
methamphetamine.
Possessing at the same time a precursor and a
solvent or chemical reagent, with intent to use or
knowing that another intends to use each such
precursor, solvent or chemical reagent to unlawfully
manufacture methamphetamine.
Class E felony: imprisonment 1
to 1 ½ years (may be sentenced
to probation). For a 2nd time
offender: imprisonment for 1 ½
and 2 years (may be sentenced
to parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment 2 to 2 ½ years.
§ 220.73 Unlawful
manufacture of
methamphetamine
(3rd degree).
Possessing, with intent to use, or knowing that
another intends to use each such product to unlawfully
manufacture, prepare or produce methamphetamine
two or more items of laboratory equipment and
two or more precursors, chemical reagents or solvents
in any combination; or one item of laboratory
equipment and three or more precursors, chemical
reagents or solvents in any combination; or a precursor:
(a) mixed together with a chemical reagent or solvent;
or (b) with two or more chemical reagents and/or
solvents mixed together.
Class D felony: imprisonment
for 1 to 2 ½ years (may be
sentenced to probation). For a
2nd time offender:
imprisonment for 1 ½ to 4
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 2 ½ to 4 ½
years.
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§ 220.74 Unlawful
manufacture of
methamphetamine
(2nd degree).
1. Commits violation of § 220.73 in the presence of
another person under the age of 16, provided,
however, that the actor is at least 5 years older than
such other person under the age of 16; or
2. Commits violation of § 220.73 and has previously
been convicted within the preceding 5 years of the
offense of criminal possession of precursors of
methamphetamine, criminal possession of
methamphetamine manufacturing material in the 1st
degree, unlawful disposal of methamphetamine
laboratory material, unlawful manufacture of
methamphetamine in the 3rd degree, the 2nd degree,
or the 1st degree.
Class C felony: imprisonment
for 1 to 5 ½ years (may be
sentenced to probation). For a
2nd time offender:
imprisonment for 2 to 8 years
(may be sentenced to parole
supervision). For a 2nd time
offender previously convicted
of a violent felony
imprisonment for 3 ½ to 9
years.
§ 220.75 Unlawful
manufacture of
methamphetamine
(1st degree).
Commits the crime of unlawful manufacture of
methamphetamine in the 2nd degree after having
previously been convicted within the preceding 5
years of unlawful manufacture of methamphetamine in
the 3rd degree unlawful manufacture of
methamphetamine in the 2nd degree or unlawful
manufacture of methamphetamine in the 1st degree.
Class B felony: imprisonment
for 1 to 9 years (may be
sentenced to probation) [in or
near school grounds, 2 to 9
years]. For a 2nd time offender:
imprisonment for 3 ½ to 12
years (may be sentenced to
parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment for 6 to 15 years.
§ 220.76 Unlawful
disposal of
methamphetamine
laboratory
material.
Knowingly disposing of, or possessing with intent to
dispose of, hazardous or dangerous material under
circumstances that create a substantial risk to human
health or safety or a substantial danger to the
environment.
Class E felony: imprisonment 1
to 1 ½ years (may be sentenced
to probation). For a 2nd time
offender: imprisonment for 1 ½
and 2 years (may be sentenced
to parole supervision). For a 2nd
time offender previously
convicted of a violent felony:
imprisonment 2 to 2 ½ years.
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Federal Law – Drugs:
Federal drug laws parallel New York State drug laws in many respects. It is a federal offense to
manufacture, distribute, or possess with intent to distribute, a controlled substance or an imitation
controlled substance. All property associated with the unlawful handling of controlled substances is
subject to forfeit to federal authorities.
Federal Trafficking Penalties for Schedules I, II, III, IV, and V*
*except Marijuana – see other table
Schedule Substance/Quantity Penalty
II Cocaine
500 – 4,999 grams
mixture
First Offense:
Not less than 5 yrs. and not more than 40 yrs. If
death or serious bodily injury, not less than 20 yrs. or
more than life. Fine of not more than $5 million if an
individual, $25 million if not an individual.
Second Offense:
Not less than 10 yrs. and not more than life. If death
or serious bodily injury, life imprisonment. Fine of
not more than $8 million if an individual, $50 million
if not an individual.
II Cocaine Base
28 – 279 grams
mixture
IV Fentanyl
40 – 399 grams
mixture
I Fentanyl Analogue
10-99 grams
mixture
I Heroin
100 – 99 grams
mixture
I LSD
1 – 9 grams mixture
II Methamphetamine
5-49 grams pure or
50-499 grams
mixture
II PCP
10-99 grams pure or
100-999 grams
mixture
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II Cocaine
5 kilograms or more
mixture
First Offense:
Not less than 10 yrs. and not more than life. If death
or serious bodily injury, not less than 20 yrs. or more
than life. Fine of not more than $10 million if an
individual, $50 million if not an individual.
Second Offense:
Not less than 20 yrs, and not more than life. If death
or serious bodily injury, life imprisonment. Fine of
not more than $20 million if an individual, $75
million if not an individual.
2 or More Prior Offenses:
Life imprisonment. Fine of not more than $20 million
if an individual, $75 million if not an individual.
II Cocaine Base
280 grams or more
mixture
IV Fentanyl
400 grams or more
mixture
I Fentanyl Analogue
100 grams or more
mixture
I Heroin
1 kilogram or more
mixture
I LSD
10 grams or more
mixture
II Methamphetamine
50 grams or more
pure or 500 grams
or more mixture
II PCP
100 grams or more
pure or 1 kilogram
or more mixture
Information in the above chart is available at:
Title 21 Code of Federal Regulations, Part 1308 – Schedules of Controlled Substances
https://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm
Subchapter 1 – Control and Enforcement, Part D. Offenses and Penalties
https://www.deadiversion.usdoj.gov/21cfr/21usc/index.html
Information is also available at:
https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm
Policy on Drugs & Alcohol
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Federal Trafficking Penalties for Schedules I, II, III, IV, and V (Cont)*
*except Marijuana – see other table
Substance/Quantity Penalty
Any Amount Of Other Schedule I & II
Substances
First Offense:
Not more that 20 yrs. If death or serious
bodily injury, not less than 20 yrs. or more
than Life. Fine $1 million if an individual, $5
million if not an individual.
Second Offense:
Not more than 30 yrs. If death or serious
bodily injury, life imprisonment. Fine $2
million if an individual, $10 million if not an
individual.
Any Amount of Any Drug Product Containing
Gamma Hydroxybutyric Acid
Flunitrazepam (Schedule IV) 1 Gram
Any Amount Of Other Schedule III Drugs First Offense:
Not more than 10 yrs. If death or serious
bodily injury, not more than 15 yrs. Fine not
more than $500,000 if an individual, $2.5
million if not an individual.
Second Offense:
Not more than 20 yrs. If death or serious
injury, not more than 30 yrs. Fine not more
than $1 million if an individual, $5 million if
not an individual.
Any Amount Of All Other Schedule IV Drugs
(other than Flunitrazepam)
First Offense:
Not more than 5 yrs. Fine not more than
$250,000 if an individual, $1 million if not an
individual.
Second Offense:
Not more than 10 yrs. Fine not more than
$500,000 if an individual, $2 million if other
than an individual.
Flunitrazepam (Schedule IV) (Other than 1
gram or more)
First Offense:
Not more than 5 yrs. Fine not more than
$250,000 if an individual, $1 million if not an
individual.
Second Offense:
Not more than 10 yrs. Fine not more than
$500,000 if an individual, $2 million if other
than an individual.
Policy on Drugs & Alcohol
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Any Amount Of All Schedule V Drugs First Offense:
Not more than 1 yr. Fine not more than
$100,000 if an individual, $250,000 if not an
individual.
Second Offense:
Not more than 4 yrs. Fine not more than
$200,000 if an individual, $500,000 if not an
individual.
Information in the above chart is available at:
Title 21 Code of Federal Regulations, Part 1308 – Schedules of Controlled Substances
https://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm
Subchapter 1 – Control and Enforcement, Part D. Offenses and Penalties
https://www.deadiversion.usdoj.gov/21cfr/21usc/index.html
Information is also available at:
https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm
Summary of Federal Marijuana Law
Substance/Schedule Quantity 1st Offense 2nd Offense
Marijuana
(Schedule I)
1,000 kg or more
marijuana mixture;
or 1,000 or more
marijuana plants
Not less than 10 yrs.
or more than life. If
death or serious
bodily injury, not less
than 20 yrs., or more
than life.
Fine not more than
$10 million if an
individual, $50
million if other than
an individual.
Not less than 20 yrs.
or more than life. If
death or serious
bodily injury, life
imprisonment. Fine
not more than $20
million if an
individual, $75
million if other than
an individual.
Marijuana
(Schedule I)
100 kg to 999 kg
marijuana mixture;
or 100 to 999
marijuana plants
Not less than 5 yrs.
or more than 40 yrs.
If death or serious
bodily injury, not less
than 20 yrs. or more
than life. Fine not
more than
$5 million if an
individual,$25 million
Not less than 10 yrs.
or more than life. If
death or serious
bodily injury, life
imprisonment. Fine
not more than $20
million if an
individual, $75million
Policy on Drugs & Alcohol
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if other than an
individual.
if other than an
individual.
Marijuana
(Schedule I)
More than 10 kgs
hashish; 50 to 99 kg
marijuana mixture
More than 1 kg of
hashish oil;
50 to 99 marijuana
plants
Not more than 20
yrs. If death or
serious bodily injury,
not less than 20 yrs.
or more than life.
Fine $1 million if an
individual, $5 million
if other than an
individual.
Not more than 30
yrs. If death or
serious bodily injury,
life imprisonment.
Fine $2 million if an
individual, $10
million if other than
an individual.
Marijuana
Schedule I)
Less than 50
kilograms marijuana
(but does not include
50 or more
marijuana plants
regardless of weight)
1 to 49 marijuana
plants;
Not more than 5 yrs.
Fine not more than
$250,000, $1 million
if other than an
individual.
Not more than 10
yrs. Fine$500,000 if
an individual,$2
million if other than
individual.
Hashish
(Schedule I)
10 kg or less
Hashish Oil
(Schedule I)
1 kg or less
Information in the above chart is available at:
Title 21 Code of Federal Regulations, Part 1308.11 – Schedules of Controlled Substances: Schedule 1
https://www.deadiversion.usdoj.gov/21cfr/cfr/1308/1308_11.htm
Subchapter 1 – Control and Enforcement, Part D. Offenses and Penalties – Section 841. Prohibited acts A
https://www.deadiversion.usdoj.gov/21cfr/21usc/841.htm
Information is also available at:
https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=1308.11
Policy on Drugs & Alcohol
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New York State Alcohol Offenses and Penalties:
NYS ABC Law
Special Provisions
Relating to Liquor
Specifics Sentence
§ 65-a. Procuring
alcoholic beverages
for persons under the
age of 21 years
Any person who misrepresents the
age of a person under the age of 21
years for inducing the sale of any
alcoholic beverage, as defined in the
alcoholic beverage control law, to
such person.
A fine of not more than $200, or
imprisonment up to five days, or both.
§ 65-b. Offense for
one under age of
21years to purchase
or attempt to
purchase an alcoholic
beverage through
fraudulent means.
No person under the age of 21 years
shall present or offer to any licensee,
or to the agent or employee of such
licensee, any written evidence of age,
which is false, fraudulent, or not
actually his own, for the purpose of
purchasing or attempting to purchase
any alcoholic beverage.
1st violation: a fine of not more than $100
and/or up to 30 hours of community service.
Also may order completion of an alcohol
awareness program.
2nd violation: a fine of $50 to $350 and/or up
to 60 hours of community service. Also shall
order completion of an alcohol awareness
program if not previously completed.
3rd and subsequent violations: a fine of $50 to
$750 and/or up to 90 hours of community
service, shall order evaluation by an
appropriate agency to determine whether
the person suffers from the disease of
alcoholism or alcohol abuse. Payment for
such evaluation shall be made by such
person. If person elects to participate in
recommended treatment, the court shall
order that payment of such fine and
community service be suspended pending
the completion of such treatment.
In addition to these penalties, the court may
suspend such person’s license to drive a
motor vehicle and the privilege of an
unlicensed person of obtaining such license:
1st violation: a three month suspension; 2nd
violation: a six month suspension; 3rd or
subsequent violation: a one year suspension
or until the holder reaches the age of 21,
whichever is the greater period.
Policy on Drugs & Alcohol
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§ 65-c. Unlawful
possession of an
alcoholic beverage
with the intent to
consume by persons
under the age of 21
years.
No person under the age of 21 years
shall possess any alcoholic beverage
with the intent to consume such
beverage.
A fine up to $50 and/or completion of an
alcohol awareness program and/or up to 30
hours of community service.
Policy on Drugs & Alcohol
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IV. Health Risks
Westchester Community College is committed to supporting an environment which fosters academic
success and continual learning as well as the health and well-being of the members of its community.
The use and/or abuse of illegal drugs, tobacco, and alcohol carries possible health risks to the individual
user as well as the campus community and community at large. Health risks associated with use and
abuse may include damage to major organs such as the brain, heart, lungs and liver as well as medical
problems such as high blood pressure, cancer, heart attack, or stroke. Unwanted pregnancy, sexually
transmitted infections, unwanted sexual activity, poor academic performance or failure, and physical
and mental dependence are also possible health risks associated with use and abuse. The use of alcohol
during pregnancy may cause injury to the fetus or Fetal Alcohol Syndrome. Users of needles for the use
of drugs such as heroin or crack carry the risk of spreading HIV and Hepatitis from the sharing of those
needles. Additional health risks exist for driving under the influence of alcohol or other substances
(including those prescribed by a provider) and may result in criminal charges, driving related injuries,
and fatalities. Addiction is another very serious health risk associated with the use of alcohol or other
substances. Addiction is a primary, progressive, chronic and potentially fatal disease.
Alcohol Health Risks:
The following information on health risks is from the Centers for Disease Control and Prevention:
Drinking too much can harm your health. Excessive alcohol use led to approximately 95,000
deaths and 2.8 million years of potential life lost (YPLL) each year in the United States from 2011
– 2015, shortening the lives of those who died by an average of 29 years. Further, excessive
drinking was responsible for 1 in 10 deaths among working-age adults aged 20-64 years. The
economic costs of excessive alcohol consumption in 2010 were estimated at $249 billion,
or$2.05 a drink.
The Dietary Guidelines for Americans defines moderate drinking as up to 1 drink per day for
women and up to 2 drinks per day for men. In addition, the Dietary Guidelines do not
recommend that individuals who do not drink alcohol start drinking for any reason.
Excessive alcohol use has immediate effects that increase the risk of many harmful health
conditions. Over time, excessive alcohol use can lead to the development of chronic diseases
and other serious problems including: High blood pressure, heart disease, stroke, liver disease,
and digestive problems; Cancer of the breast, mouth, throat, esophagus, liver, and colon;
Learning and memory problems, including dementia and poor school performance; Mental
health challenges, including depression and anxiety; Social problems, including lost productivity,
family problems, and unemployment; Alcohol dependence, or alcoholism. By not drinking too
much, you can reduce the risk of these short- and long-term health risks.
The above is available at: https://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm (last
accessed Jan. 6, 2021) .
Policy on Drugs & Alcohol
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Marijuana Health Risks:
The following information on health risks is from the Centers for Disease Control and Prevention:
Marijuana is the most commonly used illegal drug in the United States, and marijuana use may
have a wide range of health effects on the body and brain.
About 1 in 10 marijuana users may experience some form of addiction. For people who begin
using before the age of 18, that number rises to 1 in 6. People who are addicted to marijuana
may also be at a higher risk of other negative consequences of using the drug, such as problems
with attention, memory, and learning. Some people who are addicted may need to smoke more
and more marijuana to get the same high. It is also important to be aware that the amount of
tetrahydrocannabinol (THC) in marijuana (i.e., marijuana potency or strength) has increased
over the past few decades. The higher the THC content, the stronger the effects on the brain. In
addition, some methods of using marijuana (e.g., dabbing, edibles) may deliver very high levels
of THC to the user.
In many cases, marijuana is smoked in the form hand-rolled cigarettes (joints), in pipes or water
pipes (bongs), in bowls, or in blunts—emptied cigars that have been partly or completely refilled
with marijuana. Smoked marijuana, in any form, can harm lung tissues and cause scarring and
damage to small blood vessels. Smoke from marijuana contains many of the same toxins,
irritants, and carcinogens as tobacco smoke. Smoking marijuana can also lead to a greater risk of
bronchitis, cough, and phlegm production. These symptoms generally improve when marijuana
smokers quit.
Marijuana use, especially frequent (daily or near daily) use and use in high doses, can cause
disorientation, and sometimes cause unpleasant thoughts or feelings of anxiety and paranoia.
Marijuana use is associated with temporary psychosis (not knowing what is real, hallucinations
and paranoia) and long-lasting mental health challenges, including schizophrenia (a type of
mental illness where people might see or hear things that aren’t really there).
Marijuana use has also been linked to depression and anxiety, and suicide among teens.
However, it is not known whether this is a causal relationship or simply an association.
The above information is available at: https://www.cdc.gov/marijuana/factsheets/teens.htm
(last accessed Jan. 6, 2021); https://www.cdc.gov/marijuana/health-effects.html (last accessed
Jan. 6, 2021).
MDMA Health Risks:
The following information on health risks is from the National Institute on Drug Abuse:
People who use MDMA usually take it as a capsule or tablet, though some swallow it in liquid
form or snort the powder. The popular nickname Molly (slang for “molecular”) often refers to
the supposedly “pure” crystalline powder form of MDMA, usually sold in capsules. However,
people who purchase powder or capsules sold as Molly often actually get other drugs such as
synthetic cathinones (“bath salts”) instead. Some people take MDMA in combination with other
drugs such as alcohol or marijuana.
Policy on Drugs & Alcohol
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MDMA increases the activity of three brain chemicals:
 Dopamine—produces increased energy/activity and acts in the reward system to
reinforce behaviors Norepinephrine—increases heart rate and blood pressure, which
are particularly risky for people with heart and blood vessel problems
 Serotonin—affects mood, appetite, sleep, and other functions. It also triggers hormones
that affect sexual arousal and trust. The release of large amounts of serotonin likely
causes the emotional closeness, elevated mood, and empathy felt by those who use
MDMA.
Other health effects include:
 Nausea
 Muscle cramping
 Involuntary teeth clenching
 Blurred vision
 Chills
 Sweating
MDMA’s effects last about 3 to 6 hours, although many users take a second dose as the effects
of the first dose begin to fade. Over the course of the week following moderate use of the drug,
a person may experience irritability, impulsiveness and aggression, depression, sleep problems,
anxiety, memory and attention problems, decreased appetite, and decreased interest in and
pleasure from sex. It’s possible that some of these effects may be due to the combined use of
MDMA with other drugs, especially marijuana.
High doses of MDMA can affect the body’s ability to regulate temperature. This can lead to a
spike in body temperature that can occasionally result in liver, kidney, or heart failure or even
death.
Information is available at: https://www.drugabuse.gov/publications/drugfacts/mdma-
ecstasymolly
Prescription Opioids Health Risks:
The following information on health risks is from the National Institute on Drug Abuse:
Prescription opioids used for pain relief are generally safe when taken for a short time and as
prescribed by a doctor, but they can be misused.
Opioids bind to and activate opioid receptors on cells located in many areas of the brain, spinal
cord, and other organs in the body, especially those involved in feelings of pain and pleasure.
When opioids attach to these receptors, they block pain signals sent from the brain to the body
and release large amounts of dopamine throughout the body. This release can strongly reinforce
the act of taking the drug, making the user want to repeat the experience.
Policy on Drugs & Alcohol
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In the short term, opioids can relieve pain and make people feel relaxed and happy. However,
opioids can also have harmful effects, including drowsiness, confusion, nausea, constipation,
euphoria, and slowed breathing. Opioid misuse can cause slowed breathing, which can cause
hypoxia, a condition that results when too little oxygen reaches the brain. Hypoxia can have
short- and long-term psychological and neurological effects, including coma, permanent brain
damage, or death. Researchers are also investigating the long-term effects of opioid addiction
on the brain, including whether damage can be reversed.
People addicted to an opioid medication who stop using the drug can have severe withdrawal
symptoms that begin as early as a few hours after the drug was last taken. These symptoms
include muscle and bone pain, sleep problems, diarrhea and vomiting, cold flashes with goose
bumps, uncontrollable leg movements, and severe cravings.
An opioid overdose occurs when a person uses enough of the drug to produce life-threatening
symptoms or death. When people overdose on an opioid medication, their breathing often
slows or stops. This can decrease the amount of oxygen that reaches the brain, which can result
in coma, permanent brain damage, or death.
If you suspect someone has overdosed, the most important step to take is to call 911 so he or
she can receive immediate medical attention. Once medical personnel arrive, they will
administer naloxone. Naloxone is a medicine that can treat an opioid overdose when given right
away. It works by rapidly binding to opioid receptors and blocking the effects of opioid drugs.
Naloxone is available as an injectable (needle) solution, a hand-held auto- injector (EVZIO®), and
a nasal spray (NARCAN® Nasal Spray).
Information is available at: https://www.drugabuse.gov/publications/drugfacts/prescription-
opioids
Specific Dangers from Drug Facilitated Sexual Assault Drugs:
The following information on health risks is from the National Institute on Drug Abuse:
There are three specific drugs that are commonly utilized in drug facilitated sexual assault:
Rohypnol®, Ketamine, or GHB (Gamma Hydroxybutyric Acid).
Rohypnol®
Rohypnol®, also known as flunitrazepam, is not approved in the United States, although it is
available for use as a prescription sleep aid in other countries. It is most commonly found as a
tablet which is consumed by dissolving it in a drink or swallowing it. The possible short term
health effects include drowsiness, sedation, sleep, amnesia, blackout; decreased anxiety; muscle
relaxation, impaired reaction time and motor coordination; impaired mental functioning and
judgement; confusion; aggression; excitability; slurred speech; headache; slowed breathing and
heart rate. When combined with alcohol the possible health effects include severe sedation,
unconsciousness, and slowed heartrate and breathing, which can lead to death. At this point the
long-term health effects of Rohypnol® are still unknown. Rohypnol® can take between 36-72
hours to leave the body.
Policy on Drugs & Alcohol
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GHB (Gamma Hydroxybutyric Acid)
GHB is a depressant approved for use in treatment of narcolepsy, and commonly goes by the
other names of Goop, liquid ecstasy, and liquid X. It is most commonly found as a colorless liquid
or white powder which is consumed through swallowing, often in combination with alcohol. The
possible short term health effects include euphoria, drowsiness, nausea, vomiting, confusion,
memory loss, unconsciousness, slowed heart rate and breath, lower body temperature,
seizures, coma, and death. In combination with alcohol the possible health effects include
nausea, problems with breathing, and greatly increased depressant effects. At this point in time
the long-time effects of GHB are unknown. GHB, unlike Rohypnol, leaves the body between 10-
12 hours after consumption.
Ketamine
Ketamine is a dissociative drug used as a surgical anesthetic, an anesthetic in veterinary
practice, and as a prescription for treatment resistant depression under strict medical
supervision. It is most commonly found in liquid or white powder and is consumed through
swallowing, smoking, snorting, or injections. The possible short term health effects include
problems with attention, learning, and memory; dreamlike states, hallucinations; sedation;
confusion loss of memory; raised blood pressure, unconsciousness; and dangerously slowed
breathing. If ketamine is consumed with alcohol there is a risk of adverse effects. The possible
health effects associated with long term use include ulcers and pain in the bladder; kidney
problems; stomach pain; depression; and poor memory.
If an individual believes they or a friend have consumed Rohypnol®, GHB, or Ketamine they
should visit a local healthcare facility that can care for survivors of sexual assault and provide a
forensic exam. While receiving care the individual who has ingested the drug can request the
hospital to take a urine sample for drug toxicology testing, if the individual cannot immediately
go to a hospital they should save their urine in a clean, sealable container as soon as possible,
and place it in the refrigerator or freezer for future toxicology testing.
Policy on Drugs & Alcohol
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V. Drug & Alcohol Counseling, Treatment &
Rehabilitation Programs
Students:
WCC Department of Mental Health & Counseling Services
Student Center Room 190
(please enter through the Health Services Office)
914-606-7431
[email protected]
www.sunywcc.edu/personalcounseling
NYS Office of Alcoholism and Substance Abuse Services
http://www.oasas.ny.gov
Need help? Looking for a treatment provider or treatment facility? If you or someone you care
about needs help contact 1-877-8-HOPENY (1-877-846-7369)
Substance Abuse and Mental Health Services Administration
www.samhsa.gov
Employees:
NYS Office of Alcoholism and Substance Abuse Services
http://www.oasas.ny.gov
Need help? Looking for a treatment provider or treatment facility? If you or someone you care
about needs help contact 1-877-8-HOPENY (1-877-846-7369)
Employee Assistance Program (EAP)
https://mentalhealth.westchestergov.com/
914-995-6070
Substance Abuse and Mental Health Services Administration
www.samhsa.gov
Additional Resources & Hotlines
 Start Your Recovery, StartYourRecovery.org
 CAGE Questionnaire, A Screening Test for Alcohol
Dependence, https://counsellingresource.com/quizzes/drug-testing/alcohol-cage/
 College Drinking- Changing the Culture, https://www.collegedrinkingprevention.gov/
 National Institute on Alcohol Abuse and Alcoholism, https://www.niaaa.nih.gov/alcohol-health
 National Helpline for Substance Abuse Referral Services 1-866-684-6303
 NYS AIDS Hotline 1-800-541-AIDS (2437), en espanol 1-800-344-7432
Policy on Drugs & Alcohol
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 NYS AIDS Counseling & Testing (free and anonymous) 1-800-828-0064
 NYS Alcohol and Substance Abuse Hotline 1-800-522-5353
 National Clearinghouse for Alcohol and Drug Info 1-800-SAY-NO-TO (729-6686)
 Referral Services 1-877-726-4727
 Poison Control Info 1-800-336-6997
 Alcohol Use and Your Health: A CDC publication
Policy on Drugs & Alcohol
30
VI. Disciplinary Sanctions
Campus administrators, particularly those within Student Life (for students) and Human Resources (for
employees) are ultimately responsible for enforcing the standard of conduct (see Section II of this
document). This responsibility is shared with Campus Security, Health Services, and students.
Students:
Compliance with the provisions of Westchester Community College’s Policy on Drugs & Alcohol
is a condition of attendance at Westchester Community College. Violators of this policy are
subject to discipline as specified under the judicial procedures in the Student Code of Conduct.
Sanctions can range from a written warning up to and including expulsion from Westchester
Community College. Sanctions may also include corrective action(s) as specified in the Student
Code of Conduct, including satisfactory completion of an approved drug or alcohol rehabilitation
or assessment program. Students found in violation of this policy may also be referred to
appropriate law enforcement agencies.
Good Samaritan Policy (Students): Good Samaritans are individuals who summon aid in
instances in which abuse of alcohol and other drugs has created a potentially life-
threatening situation, requiring an immediate response from emergency services
personnel. In all instances, Westchester Community College’s primary concern is that
those in need receive prompt medical attention. A Good Samaritan, acting in good faith
to summon aid in instances in which abuse of alcohol and other drugs has created a
potentially life-threatening situation, requiring an immediate response from emergency
services personnel, will not be subject to Westchester Community College’s Code of
Conduct action for violations of alcohol and/or drug use policies occurring at or near the
time of the request for aid.
Policy for Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence
Cases: The health and safety of every student at Westchester Community College is of
utmost importance. Westchester Community College recognizes that students who have
been drinking and/or using drugs (whether such use is voluntary or involuntary) at the
time that violence, including but not limited to domestic violence, dating violence,
stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of
potential consequences for their own conduct. Westchester Community College
strongly encourages students to report domestic violence, dating violence, stalking, or
sexual assault to institution officials. A bystander acting in good faith or a Reporting
Individual acting in good faith that discloses any incident of domestic violence, dating
violence, stalking, or sexual assault to Westchester Community College’s officials or law
enforcement will not be subject to Westchester Community College’s Code of Conduct
action for violations of alcohol and/or drug use policies occurring at or near the time of
the commission of the domestic violence, dating violence, stalking, or sexual assault.
(Section 6442 Education Law Article 129-B).
Policy on Drugs & Alcohol
31
Employees:
Compliance with the provisions of Westchester Community College’s drug and alcohol policies is
a condition of employment. Violators are subject to discipline, up to and including termination
of employment and/or discipline, under the various negotiated agreements, or corrective
action(s) as Westchester Community College deems appropriate, including satisfactory
completion of an approved drug or alcohol rehabilitation program. Employees found in violation
of this policy may also be referred to appropriate law enforcement agencies.
NOTE: Disciplinary sanctions that apply to faculty and staff may differ from one another
depending on the terms set forth in collective bargaining agreements.
NOTE: Student workers fall under both the student and employee sections above.
Policy on Drugs & Alcohol
32
VII. Definitions
 Campus or College property: all land, buildings, facilities, and other property in the
possession of or owned, used, or controlled by the College, either solely or in conjunction
with another entity.
 Controlled Substance or Drug: as defined in schedule I, II, III, IV, or V of part B of title 21
USCS Section 812 of the Federal Controlled Substances Act.
 Employee: any individual employed by Westchester Community College. This includes
permanent, temporary, full-time, part-time, hourly, provisional or any other person who is
on the payroll of the College in any capacity.
 Student: any person, regardless of age, admitted, registered, enrolled, or attending any
College course or College conducted program; any person admitted to the College who is on
College premises or College-related premises for any purpose pertaining to their registration
or enrollment.
 Student Code of Conduct: the written policies adopted by the institution governing student
behavior, rights, and responsibilities and the process by which violations are adjudicated
and sanctioned.