The College of New Jersey

Alcohol & Other Drug Policies

(revisions by Quality of Campus Life Committee, 02/10/99)

The College of New Jersey is committed to the pursuit of a quality education by providing an environment that 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.

In light of this, The College of New Jersey Alcohol Policy 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 community. Thus, the preparation, sale, service, and consumption of alcoholic beverages will comply with the limitations established by College policies, Ewing Township local ordinances, and New Jersey state laws.

Furthermore, in compliance with the Drug Free Schools and Communities Act, The College of New Jersey prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol on the campus or as part of any of its sponsored activities. (See Student Judicial Structure, Section VII--Classification of Unacceptable Behavior, Points 4 and 5.

This statement serves notice that violations will result in disciplinary sanctions up to and including academic suspension/dismissal, referral to an appropriate rehabilitation/treatment program, referral for prosecution, and/or termination of employment.

(See Appendix for relevant excerpts from the New Jersey Code of Criminal Justice, Title 2C.)

I. The College of New Jersey Regulations

In addition to the legal requirements from the New Jersey Code of Criminal Justice, Title 2C, the following college regulations must be observed whenever alcoholic beverages are served, sold, or consumed.

A. General Scope and Applicability

1. The Dean of Student Life has been charged with overall responsibility to administer, support, and enforce the alcohol policies. Additional personnel involved in the administration, support, and/or enforcement of the alcohol policy include, but are not limited to, staff from the Alcohol/Drug Education Program, Development and Alumni Affairs, Athletics, Auxiliary Services, Campus Life, Residence Life, Campus Police, Dining Services, Faculty, Health Services, Human Resources, and Psychological Counseling Services. In addition, CARB (College Alcohol Review Board) may be convened by the Dean of Student Life as needed.
2. Only the President of The College may approve exceptions to the regulations for the service, possession, and consumption of alcoholic beverages at locations other than licensed facilities (those established above; e.g., outdoor events), and the President shall notify the Dean of Student Life of such decisions.
3. A person who is not of legal drinking age (under 21 years of age) shall not acquire, possess, or consume alcoholic beverages on or off campus at College sponsored or College funded activities, nor shall any such person enter any campus facility with the intent to acquire, possess, or consume any alcoholic beverages.
4. A person who is of legal drinking age (21 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.
5. Violations of the Student Judicial Structure will include, but not be limited to, under-age alcohol consumption and/or possession, disorderly conduct resulting from use of alcohol, and/or exhibiting false identification to enter any event/facility where alcohol is served.
6. No event at which alcohol will be served may be conducted for the primary purpose of fundraising.
7. The sponsors of a party or social event will not encourage, support, or permit the rapid or excessive consumption of alcohol. In addition, any event that features reduced prices for alcohol must also provide proportionately reduced prices for all consumable items (e.g., food, soft drinks).

B. Locations

1. The sale of alcoholic beverages on The College of New Jersey campus shall be permitted only in the licensed facilities (i.e., the Rathskeller and 31 South). 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 must be approved by the Dean of Student Life.
2. The Dean of Student Life and the Director of Auxiliary Services must grant written permission to obtain an Alcohol Beverage Commission Permit through Ewing Township for the service, consumption, or possession of alcoholic beverages for days, times and/or locations other than licensed facilities and the privacy of a resident’s room.
3. The College and/or management of the facility in use has the right to request identification and proof of age from all persons seeking admission to an event on campus at which alcohol will be served.
4. Events at which alcohol will be served may not be conducted in any public area of the residence halls except for permit events. Public areas include residence lounges, hallways, and restrooms. Admission to an event at which alcohol will be served may be limited to members of The College of New Jersey community and one (1) guest per community member or to members of the TCNJ community only.
5. "Bring Your Own" events will not be permitted where students of TCNJ are present.
6. For events at which alcohol will be served or consumed and which may occur either on or off campus, there shall be no advertising or publicity distributed or posted that directly or indirectly indicates the availability of that alcoholic beverage, except to indicate legal age requirements.
7. 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 Dean of Student Life or Associate Vice President for Facilities Management and Planning reserve the right to require additional security when circumstances dictate.
8. 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.
9. Alcoholic beverages served at an event must be consumed within the facility designated for the event and may not be removed from the location. Non-alcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages. At least 25 percent of the beverages provided must be non-alcoholic. Sponsors must ensure that sufficient amounts of food are available for the duration of the serving of alcohol (or as long as alcohol is served).

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 policy will be subject to disciplinary action.

For a complete listing of consequences, please refer to Section C.

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. A residence hall room with an open door is defined as a public area. Alcohol cannot be consumed anywhere on the campus other than private rooms or licensed facilities. This restricts alcohol consumption in residence hall lounges, residence hall bathrooms, etc.

Students and guests 21 years of age or older may consume alcohol in the privacy of their room. However, under-age students or guests are prohibited in the room when an open container of alcoholic beverage is present. Students and their guests in the presence of an open container of alcohol will be held accountable for any violation(s) of the college alcohol policy.

2. It is the responsibility of the host to ensure that all persons are of legal drinking age.
3. No kegs, beer balls, 32.-oz or larger containers, or communal sources of alcohol will be allowed in a resident’s room.
4. The host(s) of a social gathering of any kind will not encourage, support, or permit the rapid or excessive consumption of alcohol.
5. It is the responsibility of the host(s) to take steps to ensure that no person who appears to be intoxicated shall be served or allowed to consume any alcoholic beverage.
6. Non-alcoholic beverages should be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages. At least 25 percent of the beverages should be non-alcoholic. Host(s) should (or must) ensure that sufficient amounts of food are available as long as alcohol is being served.

For a complete listing of consequences to the above mentioned violations, please refer to Section C.

For the purpose of the alcohol policy, campus affiliated events will be defined as a gathering of members of The College of New Jersey community or their guests where alcohol will be present.

Sponsors, intercollegiate coaches, and/or organization advisors 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 College of New Jersey Advisor’s Guide). Sponsors, advisors, or intercollegiate coaches may designate an event as non-alcoholic and/or determine the conditions under which the consumption of alcohol by students of legal drinking age may be permitted. Therefore, a sponsor, advisor, 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, advisors, 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.

1. The College expects that the existing state, local, or premises regulations that prohibit or regulate the service, sale, possession, or consumption of alcohol will be supported and enforced at off campus locations where college sponsored activities occur.
2. Under New Jersey Statute 39:4-50, it is unlawful for any operator or passenger in a motor vehicle, regardless of age, to possess an open container of an alcoholic beverage. In addition, The College prohibits the service, sale, possession, or consumption of alcoholic beverages while in transit in any motor vehicle, to or from any college sponsored or college funded activity. This applies to all students, faculty, staff, alumni, and their guests, regardless of legal drinking age.
3. 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.
4. The host(s) of a campus affiliated event will not encourage, support, or permit the rapid or excessive consumption of alcohol. In addition, any event that features reduced prices for alcohol must also provide proportionately reduced prices for all consumable items (e.g., food, soft drinks).
5. For events at which alcohol will be served or consumed and which may occur either on or off campus, there shall be no advertising or publicity distributed or posted that directly or indirectly indicates the availability of that alcoholic beverage, except to indicate legal age requirements.
6. Non-alcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages. At least 25 percent of the beverages provided must be non-alcoholic. Sponsors must ensure that sufficient amounts of food are available as well.
7. No kegs, beer balls, 32.-oz or larger containers or communal source of alcohol (e.g., alcoholic punches, etc.) will be allowed at any campus affiliated event where TCNJ students are present other than a licensed facility or permit event.
8. "Bring Your Own" events will not be permitted where TCNJ students are present.
9. Alcoholic beverages will not be permitted at intercollegiate athletic events or in parking facilities before, during, or after the event.

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 policy will be subject to disciplinary action.

1. A student found violating this policy shall be considered to have violated the Student Judicial Structure and be subject to sanctions commensurate with the offense (i.e., warning, probation, suspension, or dismissal, 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 will be subject to sanctions commensurate with the offense, ranging from warnings to removal from residence. Violations involving alcohol or other drugs may include referrals to the Alcohol/Drug Education Program (ADEP) or Psychological Counseling Services (PCS).
3. Organizational sanctions for violations of this policy by campus groups or individuals may include written reprimand, restriction or loss of privileges, and loss of official recognition. In addition, the campus group or individual may be mandated to participate in an ADEP sponsored activity or event.
4. Violations of this 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. 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.
5. Violations 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. 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.
6. Any violation that 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 that, in the judgment of college officials, constitute a threat to life or property or that 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.

This policy does not supplant or supersede statutory or administrative law at the 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.

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/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 (ATOD). The ADEP Resource Center offers books, pamphlets, videos, and other pertinent information regarding ATOD 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 assistance to any College of New Jersey employee who may have questions and/or concerns related to alcohol and other drug use, misuse, and abuse. With the assistance of the DEP and PCS, directors and supervisors of departments are offered training in identifying an employee in need of assistance.

III. Alcohol and Other Drug Policies

In compliance with the Drug Free Schools and Communities Act, The College of New Jersey prohibits the unlawful possession, use, or distribution of drugs and alcohol on the campus. (See Student Judicial Structure, Section II. Classification of Unacceptable Behavior, Points 4 and 5.)

State and Federal law requires mandatory compliance with these standards of conduct. This statement serves notice that disciplinary sanctions (consistent with local, state, and federal law) up to and including suspension/dismissal, termination of employment, referral for prosecution, and/or referral to an appropriate rehabilitation/treatment program will be imposed on individual violators. (See Student Judicial Structure, Section III. Sanctions.)

The following is excerpted from the New Jersey Code of Criminal Justice, Title 2C. Complete copies of the drug laws and penalties, as enacted and amended to date, under the provisions of the Comprehensive Drug Reform Act of 1986, are available in The College of New Jersey library and the Campus Police office.

A. Summary of applicable State and Local Laws

1. The Legal Drinking Age in the State of New Jersey is 21 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 tickers, and/or the acceptance of donations.

Ewing Ordinance 5-8.5 and 5-8.6 make it an offense, punishable by up to $500 and 90 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 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.

NOTE: It is not a defense to any of the above charges that the accused believed the person to be of legal age, even if that belief was reasonable. The only available defense is based on the presentation of a photographic identification card or driver license, issued by a State.

3. Possession/Consumption Laws and Ordinances

Ewing Ordinance 3-2.6 provides penalties of up to $200 and/or 90 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 90 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 minimum fine of $100, a mandatory 30 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 90 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 to transport, 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. N.J.S.A. 39:4-50.14. Operation of Motor Vehicle with at Least 0.01, but Less than 0.10 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% or more, but less than 0.10%, by weight of alcohol in his/her blood, shall forfeit his/her 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 30 or more than 90 days beginning on the date he/she becomes 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 15 or more than 30 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.

Driving While Under the Influence of Intoxicating Liquor or Drugs

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
• 6 months to 1 year loss of driving privilege
• up to 30 days in jail
• 12-48 hours in an Intoxicated Driver Resource Center at $50 per day
• $1,000 insurance surcharge, per year, for three years
• $100 fee paid to the Drunk Driving Enforcement Fund

Second Offense:

• $500-$1,000 fine
• 30 days Community Service
• 2 year loss of driving privilege
• 2 to 90 days in jail (at least two days a mandatory minimum)
• $1,000 insurance surcharge, per year, for three years
• $100 fee paid to the Drunk Driving Enforcement Fund

Third Offense:

• $1,000 fine
• 30 days Community Service
• Minimum 180 days in jail
• 10 year loss of driving privilege
• $1,000 insurance surcharge, per year, for three years
• $100 fee paid to the Drunk Driving Enforcement Fund

Refusal to submit to a Breathalyzer test:

First Offense:

• $250-$400 fine
• 6 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
• 2 year loss of driving privilege
• all surcharges and fees as stipulated by law

Third Offense:

• $250-$500 fine
• 10 year loss of driving privilege
• all surcharges and fees as stipulated by law

7. Related Statutory Provisions

N.J. Motor Vehicle Law makes it an offense, punishable by fines up to $1,000 and/or up to one year in jail, to present an altered driver’s license as identification, and fines of $25-$100 for exhibiting the driver’s license of another. Falsification of an application for a driver’s license carries a penalty of $200-$500 plus a two-year loss of driving privilege.

N.J. Motor Vehicle Law, Title 39, for a minimum penalty of $500, 10 days in jail, and a 1 to 2 year additional suspension for anyone convicted of driving while revoked if that revocation was for an alcohol related conviction.

A person found to have acted as an organizer, supervisor, manager, or financier of a scheme distributing any Schedule I or II drug.

1st degree crime; life imprisonment, 25 years before parole eligibility, and a fine of $500,000 or 5 times the street value of drugs, whichever is greater.

1st degree crime; shall be imprisoned 10-20 years, without parole for at least one-third of term and may be fined $500,000 or 5 times the street value of drugs, whichever is greater.

Heroin or Cocaine - 10-20 years, $3,000 to $300,000 fine

LSD or PCP - 10-20 years, $3,000 to $100,000 fine

Methamphetamine - 3-12 years, $1,000 to $ 50,000 fine

Marijuana - 5-10 years, $2,000 to $100,000 fine

Seven years, $300,000 fine

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.

3-7 years, $100,000 fine (additional penalty)

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.

Heroin or Cocaine - 3- 5 years, $1,000 to $ 25,000 fine

LSD or PCP - 5-10 years, $2,000 to $100,000 fine

Methamphetamine - 3- 5 years, $1,000 to $ 50,000 fine

Marijuana - 9-18 months, $750 to $ 15,000 fine

Possession of anabolic steroids is a third degree crime.

Dispensing or distributing substance falsely purported to be a CDS.

Third degree crime, and fine up to $100,000

". . . 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 . . ."

Disorderly persons offense

Fourth degree crime.

Fourth degree crime

Third degree crime

Disorderly persons offense. Except as otherwise authorized by law, it shall be unlawful for a person to have under his control or possess with intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of this title or to sell, furnish, or give to any person such syringe, needle, or instrument. Any person who violates this section is guilty of a disorderly persons offenses.