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Alcohol and Other Drug Policy
The College of New Jersey is committed to the pursuit of a quality education by providing an environment which promotes optimal health and well-being to all members of the campus community. This includes students, faculty, staff, administration, alumni, and The College of New Jersey guests.
Alcohol and illicit drug use can pose many health risks. Such use may result in impaired judgment and coordination, physical and psychological dependence, damage to vital organs, inability to learn and retain information, psychosis and severe anxiety, unwanted or unprotected sex, and injury and death.
In light of this, The College of New Jersey Alcohol and Other Drug Policy prohibits all use of illegal drugs and only permits the consumption of alcoholic beverages in a manner that is responsible and adheres to restrictions imposed by law and College standards of conduct, as well as those created by the expectations of decorum and dignity befitting an academic community. The College does not accept misuse of alcoholic beverages as an excuse for violations of any college policies. Emphasis is placed on responsible use of alcohol.
Responsible drinking is the use of alcohol in ways that do not have negative effects on either the individual or the community. The preparation, sale, service, and consumption of alcoholic beverages must comply with the limitations established by College policies, local ordinances, state laws, and federal laws.
Off-campus events which are not sponsored or funded by The College or a College-recognized organization will be governed by The College’s Statement of Expectations for Off-Campus Behavior and by local, state, and federal law. Such events are not addressed in this policy.
This statement serves as notice that violations may result in disciplinary sanctions as specified below under Section IC – Consequences for Non-Compliance.
I. The College of New Jersey Regulations
A. General Regulations
In compliance with the Drug Free Schools and Communities Act, The College of New Jersey prohibits the unlawful possession, use, or distribution of alcohol and illicit drugs on campus or as part of any of its sponsored activities.
In addition to the legal requirements from the New Jersey Statute, Title 2C, the following College regulations must be observed whenever alcoholic beverages are served, sold, or consumed in licensed or approved facilities on campus, in non-residential campus facilities, in College-owned residential facilities for students, or at campus-affiliated events.
1. The vice president for student life has been charged with overall responsibility to administer, support, and enforce the alcohol and other drug policy. Additional personnel involved in the administration, support, and/or enforcement of the policy include, but are not limited to, staff from the alcohol/drug education program, community standards, development and alumni affairs, athletics, auxiliary services, campus life, residential and community development, campus police, dining services, faculty, health services, human resources, and psychological counseling services. As needed, the vice president for student life may convene an ad hoc board to review details of process and educational approach; policy discussions will be routed through the Committee on Student and Campus Community (CSCC) and the regular College governance structure.
2. A person who is not of legal drinking age (under twenty-one years of age) shall not acquire, possess, or consume alcoholic beverages, nor shall any such person enter any campus facility with the intent to acquire, possess, or consume any alcoholic beverages.
3. A person who is of legal drinking age (twenty-one years of age or older) shall not give any alcoholic beverage to a person under the legal drinking age, nor shall he/she assist or allow such person to acquire or consume any alcoholic beverage.
4. No on-campus or campus-affiliated event may sell alcohol for the primary purpose of fundraising.
5. For events at which alcohol will be served or consumed, there shall be no publicity distributed or posted which is primarily focused on the availability of alcohol.
6. The sponsors of a party or event will not encourage, support, or permit the rapid or excessive consumption of alcohol.
7. It is the responsibility of the host(s) and servers to take steps to ensure that no person who appears to be intoxicated shall be served or allowed to consume any alcoholic beverage.
8. Any event which features reduced prices for alcohol, must also provide proportionately reduced prices for all consumable items (e.g., food and soft drinks).
9. Non-alcoholic beverages must be available at the same place as alcoholic beverages and featured as prominently as the alcoholic beverages for as long as alcohol is served. Hosts or sponsors must also ensure that food, including non-salty foods, are available for as long as alcohol is served.
10. In other than licensed facilities, fees cannot be charged for alcoholic beverages either directly or indirectly, regardless of the fee’s purpose (e.g., as a donation, security charge, entertainment or admissions fee, or for the sale of cups, containers, or refreshments) unless a permit is obtained for such an event. Any charge constitutes sale and is, therefore, illegal without a permit.
11. The purchase of alcohol with state funds is prohibited by law.
B. Additional Regulations for Specific Locations
Licensed Facilities and Permit Events
1. The sale of alcoholic beverages on The College of New Jersey campus shall be permitted only in the licensed facilities (e.g., the Rathskeller and the 1855 Room) and other approved venues. The general manager of dining services and the director of auxiliary services communicate and enforce such procedures as are necessary to ensure compliance with all applicable laws, regulations, and ordinances including the days and hours of sale for the licensed facilities. All policy and procedural recommendations from dining services relating to sale, possession, and consumption of alcohol must be approved by the vice president for student life.
2. A College Alcohol Permit (CAP) must be approved by the vice president for student life, who must grant written permission to obtain an Alcohol Beverage Special Event Permit through the state of New Jersey for the service, consumption, or possession of alcoholic beverages for days, times, and/or locations other than licensed facilities prior to applying for said permit.
3. Events at which alcohol will be served may not be conducted in any public area of the residence halls as defined by Residential and Community Development except for permit events. Admission to an event at which alcohol will be served may be limited to members of The College of New Jersey community and invited guests or to members of the TCNJ community only.
4. The College and/or management of the facility in use has the responsibility to request identification and proof of age from all persons seeking admission to an event on campus at which alcohol will be served.
5. Adequate security must be provided to ensure that an event is orderly. The minimum security arrangements required at each event shall be determined by conference and meeting services staff and the management of the facility. Furthermore, the vice president for student life or associate vice president for environmental services reserve the right to require additional security when circumstances dictate.
6. Alcoholic beverages served at a permit event must be consumed within the facility designated for the event and may not be removed from the location.
7. For a listing of consequences for non-compliance, please refer to Section IC – Consequences for Non-Compliance.
Non-Residential Campus Facilities
1. The service, possession, and consumption of alcoholic beverages for previously approved events shall be permitted in non-residential campus facilities only at officially sponsored social gatherings of College personnel (or of authorized, non-College personnel) of legal age.
2. It is the responsibility of the host(s) to ensure that all persons consuming alcohol are of legal drinking age.
3. For a listing of consequences for non-compliance, please refer to Section IC – Consequences for Non-Compliance.
Residential Facilities for Students
1. The service, possession, and consumption of alcoholic beverages for personal/unlicensed use shall be permitted only in the private rooms of individuals of legal age residing in college housing. Students and guests twenty-one years of age or older may consume alcohol in the privacy of their room. This prohibits alcohol consumption in residence hall lounges, residence hall bathrooms, and other public areas in the residence halls as defined by Residential and Community Development.
2. It is the responsibility of the host to ensure that all persons consuming alcohol are of legal drinking age.
3. No kegs, beer balls, single containers of 32 oz. or larger, or communal sources of alcohol will be allowed in the residence halls.
4. For a listing of consequences for non-compliance, please refer to Section IC – Consequences for Non-Compliance.
Campus-Affiliated Events
For the purpose of this policy, campus-affiliated events are defined as off-campus gatherings of members of The College of New Jersey community (or their guests) which are sponsored or funded in whole or in part by The College or a College-recognized organization. Private, off-campus gatherings are governed only by The College’s Statement of Expectations for Off-Campus Behavior and by local, state, and federal law.
1. Sponsors, intercollegiate coaches, and/or organization advisers are expected to ensure that their respective student organizations/groups take reasonable precautions in their activities in order that policies and laws governing alcohol not be violated and that the welfare of their members not be endangered. The Conference and Meeting Services Conference Coordinator in conjunction with the sponsors, advisers, or intercollegiate coaches may designate an event as non-alcoholic and/or determine the conditions under which the consumption of alcohol may be permitted by students of legal drinking age. Therefore, a sponsor, adviser, or coach may prohibit the service, possession, or consumption of alcohol by any person, regardless of age, at college-sponsored or college-funded activities (e.g., retreats, conferences, intercollegiate athletic events, etc.). Sponsors, advisers, or coaches shall inform the student organizations of their decision(s) regarding the nature of the event prior to the scheduled date of the activity.
2. The College expects that the existing state, local, or premises regulations which prohibit or regulate the service, sale, possession, or consumption of alcohol will be supported and enforced at campus-affiliated events.
3. Under New Jersey Statute, it is unlawful for any operator or passenger in a motor vehicle to possess an open container of an alcoholic beverage, regardless of age. In addition, The College prohibits the service, sale, or consumption of alcoholic beverages while in transit in any motor vehicle, to or from any campus-affiliated event. This applies to all students, faculty, staff, alumni, and their guests, regardless of legal drinking age.
4. Alcoholic beverages will not be permitted at intercollegiate athletic events.
5. For a listing of consequences for non-compliance, please refer to Section IC – Consequences for Non-Compliance.
C. Consequences for Non-Compliance
The College is concerned that individuals make responsible decisions regarding the use of legal and illegal substances. All members of the campus community found in violation of The College alcohol and other drug policy will be subject to disciplinary action.
1. A student found violating the College alcohol and other drug policy shall be considered to have violated the Student Judicial Structure and be subject to sanctions commensurate with the offense consistent with local, State and Federal law, up to and including expulsion from The College and referral for prosecution, as well as the possibility of revocation of privilege to consume alcohol on campus and/or to attend college-sponsored events at which alcohol will be served or consumed. Referrals to the alcohol/drug education program (ADEP) and/or psychological counseling services (PCS) may be required.
2. A student found in violation of the alcohol policies pertaining to residence life as defined in “A Guide to Residence Living” and the Student Handbook (available online at http://www.tcnj.edu/~studlife/handbook/index.html) will be subject to sanctions commensurate with the offense and consistent with local, State and Federal law up to and including expulsion from The College and referral for prosecution. Referrals to the alcohol/drug education program (ADEP) and/or psychological counseling services (PCS) may be required.
3. Organizational sanctions for violations of the College alcohol and other drug policy by campus groups may include written reprimand, restriction, or loss of privileges, and loss of official recognition. In addition, the campus group may be mandated to participate in an ADEP-sponsored activity or event. Individual members of the group may also be individually sanctioned for their involvement in the violations pursuant to this section.
4. Violations of the College alcohol and other drug policy by a college employee will be referred to the individual’s supervisor for the appropriate administrative action consistent with the state regulations and applicable agreements between the state and employee bargaining units. An employee may be disciplined for violation of this policy consistent with local, State and Federal law up to and including termination of employment and referral for prosecution.
5. Violations of the College alcohol and other drug policy by persons who are not members of The College community may result in their being barred from The College of New Jersey campus or from specific facilities and/or subject to arrest for trespass. Contractors are subject to all college rules and regulations.
6. Any violation which occurs while an event is in progress may subject the violator to immediate removal from the area.
7. When violations or other circumstances occur at events which, in the judgment of college officials, constitute a threat to life or property or which create a substantial risk thereof, the event may be terminated. It is expected that such authority shall be exercised only in extraordinary and/or emergency circumstances.
8. This policy does not supplant or supersede statutory or administrative law at the federal, state, county, or municipal level. Strict compliance with such laws shall be the responsibility of all organizations and individuals. Violators of the law may be subject to penalties imposed by a court or other empowered board, agency, or commission, in addition to any action taken by The College.
Summary of Applicable State and Local Laws Regarding Alcohol Offenses and Penalties
1. Legal Drinking Age
The Legal Drinking Age in the State of New Jersey is twenty-one years of age.
2. Regulation of Sales or Gifts
Title 33 of the New Jersey Statutes makes it unlawful to directly or indirectly sell alcoholic beverages to any person of any age without a license or special permit issued by the New Jersey Alcoholic Beverage Control Commission. “Sale” is construed to include admission charges, the sale of cups, the sale of tickets and/or the acceptance of donations.
Ewing Ordinances 5-8.5 and 5-8.6 make it an offense, punishable by up to $500 and ninety days in jail to:
· Purchase any alcoholic beverage for a person under the legal drinking age.
· Sell or give any alcoholic beverage to a person under the legal drinking age.
N.J.S.A. 2C:33-17 provides that anyone who purposely or knowingly offers or serves or makes available alcoholic beverage to a person under the legal age of consuming alcoholic beverages or entices that person to drink an alcoholic beverage is a disorderly person.
3. Possession/Consumption Laws and Ordinances
Ewing Ordinance 3-2.6 provides penalties of up to $200 and/or ninety days in jail for the possession, in any public place or in any automobile, of any open container containing any alcoholic beverage.
Ewing Ordinance 5-8.4 provides for fines up to $500 and/or ninety days in jail for the possession, in any public place, of any alcoholic beverage by a person under the legal drinking age, whether or not the container is sealed or open.
N.J.S.A. 2C:33-15 provides for a minimum fine of $100, a mandatory thirty day loss of driving privilege, and required participation in an alcohol education program for any person under the legal drinking age to possess, in any public place, any alcoholic beverage, regardless of whether or not the container is sealed.
N.J.S.A. 39:4-50 provides for a minimum $200 fine for any operator or passenger in a motor vehicle found to be in possession of any open container of an alcoholic beverage, regardless of his/her age.
4. Purchase of Alcoholic Beverages
Ewing Ordinance 5-8.6 provides for fines up to $500 and/or ninety days in jail for any person who purchases any alcoholic beverage with intent to give or sell it to any person under the legal drinking age.
Title 33 of the New Jersey Statutes makes it an offense, punishable by a minimum fine of $100, and mandatory participation in an alcohol education program, for any person under the legal drinking age to enter any licensed premise with intent to purchase any alcoholic beverage for someone under the legal drinking age.
5. Transporting Alcoholic Beverages
Title 33 of the New Jersey Statutes provides for serious penalties, (including the seizure and sale at auction of any motor vehicle involved) for any person who, without a transportation permit issued by the New Jersey State Alcoholic Beverage Control Commission transports, in an automobile within this state, the equivalent of more than five cases of beer or other malt beverages. Specific and lower gallon limits also apply for distilled liquors and wines.
6. Driving While Under the Influence of Intoxicating Liquor or Drugs
N.J.S.A. 39:4-50.14. Operation of Motor Vehicle with at Least 0.01, but Less than 0.08 Percent Blood Alcohol, by Person Under Legal Age to Purchase Alcohol; Penalties
Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01 percent or more, but less than 0.08 percent, by weight of alcohol in their blood, shall forfeit their right to operate a motor vehicle over the highways of this state or shall be prohibited from obtaining a license to operate a motor vehicle in this state for a period of not less than thirty or more than ninety days beginning on the date they become eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than fifteen or more than thirty days. In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the Director of the Division of Motor Vehicles.N.J.S.A. 39:4-50 et seq. provides for penalties, as outlined below, for any person convicted of operating a motor vehicle anywhere within this State, on public or private property, while under the influence of an alcoholic beverage or any drug (including lawful drugs if the operator's ability to safely operate a motor vehicle is impaired thereby).
First Offense:
· $250-$400 fine
· six months to one year loss of driving privilege
· up to thirty days in jail
· twelve to forty-eight hours in an Intoxicated Driver Resource Center
· insurance surcharges and other fees
Second Offense:
· $500 - $1,000 fine
· thirty days community service
· two year loss of driving privilege
· two to ninety days in jail (at least two days a mandatory minimum)
· insurance surcharges and other fees
Third Offense:
· $1,000 fine
· minimum 180 days in jail, reduced no more than 90 days at the discretion of the judge for community service
· ten year loss of driving privilege
· insurance surcharges and other fees
Refusal to submit to a breathalyzer test:
First Offense:
· $250 - $500 fine
· six month loss of driving privilege
· all surcharges and fees as stipulated by law, plus may still be convicted of drunk driving and be assessed additional penalties as outlined above
Second Offense:
· $250 - $500 fine
· two year loss of driving privilege
· all surcharges and fees as stipulated by law
Third Offense:
· $250 - $500 fine
· ten year loss of driving privilege
· all surcharges and fees as stipulated by law
7. Related Statutory Provisions
N.J. Motor Vehicle Law, Title 39, provides for a minimum penalty of $500, ten days in jail, and a one to two year additional suspension for anyone convicted of driving while revoked if that revocation was for an alcohol related conviction.
Summary of Applicable State and Local Laws Regarding Drug Offenses and Penalties
N.J.S.A. 2C:35-3, Leader of Narcotics Trafficking Network, provides penalties for a person found to have acted as an organizer, supervisor, manager or financier of a scheme distributing any Schedule I or II drug.
N.J.S.A. 2C:35-4, Maintaining or Operating a Controlled Dangerous Substance (CDS) Production Facility, provides that such conduct is a first degree crime punishable by imprisonment and fines.
N.J.S.A. 2C:35-5, Manufacturing, Distributing, or Dispensing, provides that such conduct results in imprisonment and fines.
N.J.S.A. 2C:35-6, Using a Juvenile in a Drug Distribution Scheme, provides that such conduct is a second degree crime punishable by imprisonment and fines.
N.J.S.A. 2C:35-7, Drug-Free School Zones, provides that any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance within 1,000 feet of school property is guilty of a crime of the third degree.
N.J.S.A. 2C:35-8, Distribution to Persons Under Eighteen or Pregnant Females, provides that such conduct carries a penalty of imprisonment and fines.
N.J.S.A. 2C:35-9, Strict Liability for Drug-Induced Death, provides that such a situation is a first degree crime, same as murder, but no intent need be shown, only that death resulted as a result of the use of a drug supplied by the defendant.
N.J.S.A. 2C:35-10, Possession, Use, Being Under the Influence, or Failure to Make Lawful Disposition, provides that such conduct carries penalties of imprisonment and fines.
Possession of anabolic steroids is a third degree crime.
N.J.S.A. 2C:35-11, Imitation Controlled Dangerous Substance (CDS), provides that dispensing or distributing a substance falsely purported to be a CDS is a third degree crime, and can carry a fine up to $200,000.
Paraphernalia
Drug paraphernalia is defined “... all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance... including... roach clips... bongs... pipes...”
N.J.S.A. 2C:36-2, Use or Possession with Intent to Use, Narcotic Paraphernalia, provides that such conduct carries a disorderly persons offense.
N.J.S.A. 2C:36-3, Distribute, Dispense, Possess with Intent to, Narcotics Paraphernalia, provides that such conduct is a fourth degree crime.
N.J.S.A. 2C:36-4, Advertise to Promote Sale of Narcotics Paraphernalia, provides that such conduct is a fourth degree crime.
N.J.S.A. 2C:36-5, Delivering Paraphernalia to Person Under Eighteen Years, provides that such conduct constitutes a third degree crime.
N.J.S.A. 2C:36-6, Possession or Distribution of Hypodermic Syringe, provides that such conduct constitutes a disorderly persons offense.
Federal Drug Offenses
The criminal offenses most commonly charged under the Federal Controlled Substances Act are the knowing, intentional and unauthorized manufacture, distribution or dispensing of any controlled substance or the possession of any controlled substance with the intent to manufacture, distribute or dispense. Federal law also prohibits the knowing, intentional and unauthorized creation, distribution, dispensing or possession with the intent to distribute or dispense a “counterfeit substance.” Simple possession without necessarily an intent to distribute is also forbidden by Federal law and carries a penalty of imprisonment. Attempts and/or conspiracies to distribute or possess with intent to distribute a controlled substance are crimes under Federal law.
Specific drug crimes that may carry greater penalties include the following
- The distribution of narcotics to persons under 21;
- The distribution or manufacturing of narcotics near schools and colleges;
- The employment of juveniles under the age of 18 in drug trafficking operations;
- The distribution of controlled substances to pregnant women.
The penalties for violating Federal narcotics statutes vary. The penalties may be more severe based upon two principal factors:
- The type of drug involved; and
- The quantity of the drug involved.
With the exception of simple possession charges which result in up to one year imprisonment, maximum penalties for narcotic violations range from 20 years to life in prison. Certain violations carry mandatory minimum prison sentences of either five years or ten years. Harsher penalties will be imposed if a firearm is used in the commission of a drug offense. If a drug offense results in death or serious bodily injury to an individual who uses the drug involved, the penalties are more harsh.
Anabolic steroids are controlled substances and distribution or possession with intent to distribute carries a sentence of up to five years and a $250,000 fine.
II. Education and Prevention
The College of New Jersey acknowledges the importance of communicating information concerning alcohol and other drugs, and the effects and consequences of illegal use, misuse, and abuse.
A. The alcohol and drug education program (ADEP) provides specialized programs for faculty, staff, and students on issues related to alcohol, tobacco, and other drug use, misuse, and abuse. The ADEP resource center offers books, pamphlets, videos, and other pertinent information regarding alcohol, tobacco, and other drug issues for use by the campus community. ADEP serves as a confidential referral center for drug and alcohol assessment and evaluation.
B. Human resources offers direction to any TCNJ employee who may have questions and/or concerns related to alcohol and other drug use, misuse and abuse. With the assistance of ADEP and psychological counseling services, directors and supervisors of departments are offered training in identifying an employee in need of assistance.
III. Procedures for Obtaining a College Alcohol Permit
Individuals, groups, or organizations seeking to sponsor an event at which alcoholic beverages will be served or consumed must receive prior approval by filing the Application for a College Alcohol Permit (CAP) at least fourteen days prior to the date of the event. (Exceptions to the fourteen-day requirement may be requested from the Conference and Meeting Services Conference Coordinator and will be considered on a case-by-case basis.)
Applications from members of The College community and affiliated groups or organizations are available from the Conference Coordinator. All individuals, groups, or organizations must apply for the use of College facilities through the Office of Conference and Meeting Services.
If a CAP is denied or if approval conditions are challenged, an appeal may be made to the vice president for student life. The appeal decision by the vice president will be final.
Event sponsors must sign the CAP and be present at the event for its duration.
Event sponsors shall assume full responsibility for policy violations, damages, and any behavioral problems which may occur at an approved event.
Event sponsors shall make every reasonable effort to discourage disorderly conduct and to protect state and private property.
Event sponsors shall cooperate fully with the campus police and other college officials in maintaining order and in investigations.
A deposit may be required by the Conference Coordinator or the facilities management as a prerequisite to the scheduling of the facility and the granting of a CAP.
IV. Family Notification for Student Violations of Alcohol and Other Drug Policy
A 1998 amendment to The Family Education Rights and Privacy Act of l974 authorizes higher education institutions to inform a parent or legal guardian of any student under age 21 who has been found in violation of any federal, state or local law or any rule or policy of the institution governing the use or possession of alcohol or controlled substances.
The parents or legal guardian of an underage student will be notified in writing if a sanction of probation or higher is imposed for a violation of the alcohol and other drug policy. If an underage student receives a letter of warning for an alcohol or drug violation and the director of residential and community development or the director of community standards determine the student to be a danger to self or others, parents or legal guardians may be notified of the violation. Students whose parents or guardians are going to be notified of their alcohol or drug violation may appeal the notification decision with the director of residential and community development or the director of community standards.
Existing procedures in the office of residential and community development require that any resident student who has been transported to the hospital for treatment associated with alcohol and drug consumption must be evaluated by the director of residential and community development (or designee) and a counselor from psychological counseling services prior to returning to residence. The institution must receive consent from the student, if the student is able, in order to inform the family of the student’s transport.
V. Distribution of Alcohol and Other Drug Policy
This policy must be distributed annually to each employee and student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student’s program of study.
VI. Review of Policy and Alcohol and Drug Education Program
The College shall conduct a biennial review of this policy and the Alcohol and Drug Education Program (ADEP) to determine their effectiveness and implement changes to the policy or ADEP if they are needed and to ensure that the disciplinary sanctions are consistent enforced. A committee of faculty, staff and students shall review the policy and the program in consultation with ADEP, the Office of Human Resources and the Office of Student Life.
Approved through governance: October, 2004: Re-approved November, 2006
Effective: January 1, 2005
