Drug and Alcohol Policy

I. Drug and Alcohol Policy Statement


A. Policy Overview


Kean University is an educational institution that strives to create and maintain an environment that is free from substance abuse and the negative consequences that result from illicit use and abuse. The University has made a commitment to educate its community about the physical, psychological and legal consequences of substance abuse, as well as provide treatment or referral services to those in need of assistance.


B. Kean University Alcohol Policy Statement


Kean University’s Board of Trustees considers the consumption of alcoholic beverages within its confines a privilege subject to the limitations imposed by law and University policy as befitting the decorum and dignity of an academic community. Kean University acknowledges its commitment to encourage students to pursue a quality education by providing an environment that is conducive to the total health, education and well-being of the person. To this end, the University permits the moderate and responsible consumption of alcoholic beverages on campus within stated limits. The sale, service and consumption of alcoholic beverages must comply with the limitations established by University policies, Union Township local ordinances, New Jersey state laws and any applicable federal laws.


C. Kean University Illicit-Drug Policy


Kean University abides by the laws of the federal, state and local governments that prohibit the possession or distribution of illicit narcotics, drugs or other controlled dangerous substances. Kean University has certified to both the federal and state of New Jersey governments that it is committed to maintaining a drug-free workplace as stipulated by the Drug-Free Workplace Act of 1988 and New Jersey Gov. Thomas Kean’s Executive Order 204 of March 18, 1989. Kean University enforces the drug laws as legislated and approved by the New Jersey Comprehensive Drug Reform Act of 1986 (Code of Criminal Justice, 2c: 35-1). Kean University is compliant with the Drug Free Schools and Communities Act of 1989 and its biennial reporting requirement. Copies of the Kean University report are available on request from the Office of the Vice President for Student Affairs.


II . Standards of Conduct


A. Alcohol Regulations


1. The Vice President for Student Affairs has been charged with overall responsibility to administer and enforce the campus alcohol policies.


2. All members of the University community, students, faculty, staff, administrators, alumni and their guests, are subject to limitations and procedural requirements established therein.


3. A person who has not attained the legal drinking age of 21 will not acquire, possess or consume any alcoholic beverage on the campus, nor will such underage person enter any facility with the intent to acquire, possess or consume any alcoholic beverage.


4. A person of legal age will not give any alcoholic beverage to a person under the legal drinking age, nor will he or she assist or allow such person to acquire or consume any alcoholic beverage.


5. Disorderly conduct resulting from the use of alcohol is unacceptable and will be considered a serious violation of the Campus Code of Conduct.


6. Students and staff are not permitted to bring alcoholic beverages to campus athletic and social events.


7. Alcohol may be served on campus only in designated areas, provided the event receives special authorization from the Office of the Vice President for Student Affairs.


8. Alcoholic beverages are not permitted in any student or University staff office.


9. The consumption, sale and possession of alcoholic beverages must be confined to the areas specified in this policy.  Anyone carrying open containers of alcoholic beverages and/or consuming alcohol outside of these specified locations will be in violation of University policy, township ordinance and state law and subject to legal and/or disciplinary action.


10. Any disruptive and/or inappropriate behavior resulting from the use of alcoholic beverages will be considered a serious violation of University policy.


B. Illicit-Drug Regulations


The possession or distribution of narcotics, dangerous drugs or controlled dangerous substances that are prohibited by the laws of the federal, state or local government are also clearly prohibited by Kean University and are subject to legal action.


C. Other Sanctions


The above sanctions do not supplant or supersede statutory or administrative law at the state, county or municipal level. Strict compliance with such laws will 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 University.


III . Kean University Sanctions for Violation of Standards of Conduct


A. Violation of the Alcohol Policy


1. Any student found in violation of this policy will be in violation of the Student Code of Conduct and subject to sanctions commensurate with the offense, i.e., fine, warning, probation, parental notification, suspension or dismissal, as well as revocation of the privilege to consume alcohol on campus and/or to attend University-sponsored events at which alcohol will be served or consumed.


2. A system of fines/conduct actions has been established by the University:


a. First Violation – $50 fine and mandatory attendance at an alcohol education program; Office of Student Conduct to be consulted


b. Second Violation – $100 fine, mandatory attendance at an alcohol education program, and Parental Notification


c. Third Violation

1. Non-resident Student – $200

2. Parental Notification

3. Resident Student – Residence Contract Termination


All of the above are cumulative for one year, September 1 through August 30. Alcohol violations in the residence halls are appealed to the Residence Life Office. Alcohol violations from non-resident students are handled by the Office of Student Conduct.


B. Violation of Illicit-Drug Policy


1. The Office of Student Conduct will review each case for conduct action, which may include suspension or expulsion from the University. Only significant extenuating circumstances and/or required enrollment and active participation in a drug rehabilitation program will be considered as a condition of continued enrollment.


2. Students involved in the distribution or sale in any way of any amount of illicit drugs will be suspended from the University as a minimum sanction. Students involved in the use or possession of illicit drugs will be arrested.


3. The University reserves the right to evict from the residence halls a resident student involved in the use, possession or sale of illicit drugs at any time during the year.


IV. Legal Sanctions for Drug and Alcohol-Related Offenses


There are numerous local, state and federal laws regarding the inappropriate use of drugs and alcohol. The following is a limited sample of offenses and sanctions. Additional information on local, state and federal laws governing the illegal use of drugs and alcohol may be obtained from the Kean University Police.


The law requires mandatory compliance with these standards of conduct. Therefore, this statement serves notice that conduct 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 students who violate them.


Police officers in New Jersey, including Kean University police officers, under the terms of the Drug Enforcement Action Plan enacted by the state attorney general, have no discretion in regard to the enforcement of the drug laws. Unless a failure to arrest is for the purpose of protecting an ongoing undercover investigation, every police officer is obliged to effect an arrest when probable cause exists to believe that a violation of the drug laws has occurred.


Offense:

Persons who are found guilty of driving while under the influence of alcohol or drugs that impair the operator’s ability to safely operate a motor vehicle.


Sanction:

First Offense


• A fine of $250-$400

• Discretionary imprisonment of up to 30 days

• Six months to one-year driver’s license suspension

• 12-48 hours in an Intoxicated Driver Resource Center; $25 a day

• $1,000 insurance surcharge to be deposited in a Drunk Driving Enforcement Fund


Second Offense


• A fine of $500-$1,000

• Imprisonment of not less than two days and up to 90 days

• Two years license suspension

• 30 days of community service

• $100 fine paid to the Drunk Driving Enforcement Fund


Third Offense


• A fine of $1,000

• Imprisonment of 180 days; up to 90 days of this penalty may be served performing community service

• 10 years license suspension

• $100 surcharge to be deposited in a Drunk Driving Enforcement Fund

• $1,500 surcharge per year for three years


Offense:

For any person under the legal drinking age to enter any licensed

premise with intent to purchase any alcoholic beverage, or person of

legal drinking age with intent to purchase any alcoholic beverage for

someone under the legal drinking age.


Sanction:

• Minimum up to $1000 fine

• Mandatory one-year driver’s license suspension

• Mandatory participation in an Alcohol Education Program

• Up to 6 month’s imprisonment


Offense:

The use of an altered driver’s license as identification


Sanction:

• Up to $1,000 fine

• Up to one year’s imprisonment


Offense:

Consumption of an alcoholic beverage in a motor vehicle by either driver or passenger


Sanction:

• $200 fine


Offense:

Unlawful use of a prescription drug


Sanction:

• Up to $1,000 fine

• Up to 180 day imprisonment


Offense:

Possession of a controlled substance (depends on the schedule of the drug)


Sanction:

• Up to five years’ imprisonment

• Up to $25,000 fine

• Six months’ suspension of driver’s license


Offense:

Growing marijuana (depends upon the amount)


Sanction:

Under 1 ounce:

• $10,000 fine

• Up to 18 month’s imprisonment


1 ounce – 5 pounds:

• $25,000 fine

• Up to 3-5 years imprisonment


Offense:

Distribution of anabolic steroids (depends on the chemical being distributed)


Sanction:

• Up to $7,500 fine

• Between 5 and 10-year prison term


V. The Dangers of Mixing Alcohol & Drugs


Because alcohol and many other drugs affect the same areas of the brain, taking them simultaneously or even fairly close together can produce a combined effect much greater than anticipated. Of the 100 most frequently prescribed drugs, more than half contain at least one ingredient known to react adversely with alcohol. If you want to drink when you are taking medication, three actions may save your life:


1. Read the warning on nonprescription drug labels or those on your prescription containers.


2. Ask your doctor about possible alcohol-drug interactions.


3. Check with your pharmacist if you have any questions about your medicines, especially those you can buy without a doctor’s prescription.


VI . Alcohol and Drug Services


Kean University is committed to maintaining an environment that is free from substance abuse. That commitment involves both preventive measures through educational means as well as treatment for existing

problems through on-campus counseling and off-campus referrals.


A. Preventive Measures


1. Inclusion of alcohol education in the transition to Kean classes.


2. Availability of free, anonymous, individualized screenings for alcohol and marijuana.


3. Workshops and seminars related to alcohol and drug use.


4. Alcohol, Tobacco, and Other Drug Task Force (AToD).


B. On-Cam pus Services Training of resident students and staff


Students are encouraged to seek help for problems with alcohol and substance abuse. The Kean Counseling Center provides the following services:


1. Evaluations and assessments


2. Short-term individual counseling


3. Psychoeducational Groups


4. Educational programs and information


5. Referral service

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