HFCN Drug and Alcohol Abuse Prevention Program
The Drug Free Schools and Campuses Regulations (34 CFR Part 86) of the Drug-Free Schools and Communities Act (DFSCA) require an institution of higher education (IHE) such as Helene Fuld College of Nursing (HFCN) to certify it has implemented programs to prevent the abuse of alcohol and use or distribution of illicit drugs by students and employees on its premises and as a part of any of its activities. The College is committed to maintaining a drug-free institution to create a safe and healthy learning and work environment and to assist its students and employees who may have problems with drugs or alcohol. In compliance with the DFSCA, the College provides information to its community covering the following areas:
- Standards of conduct related to drugs and alcohol for students and employees
- Disciplinary and legal sanctions for students and employees in violation of policy
- Description of the health risks associated with illicit drug use and alcohol abuse
- Description of drug and alcohol programs that are available to students and employees
College Policy/Standards of Conduct
The College prohibits the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances and alcohol by employees, students, and visitors on College premises or as part of any College activity. Areas where the use is prohibited include: student campus activities, classrooms, and all offices or work areas considered college property.
Reference Documents:
- College Catalog
- Student Handbook
- Faculty and Staff Handbooks
- Annual Security and Fire Safety Report
Report:
Workplace Policy:
In compliance with federal regulations Helene Fuld College of Nursing has taken steps to ensure a drug-free workplace. Should an employee be convicted of a violation occurring in the workplace, under any criminal drug statue violation, will be subject to disciplinary action. Employees convicted of any criminal drug statute violation occurring in the workplace must notify the employer no later than five days after the conviction. Those employees that wish to seek help for drug or alcohol related problems are encouraged to access benefits through the College’s Wellness Counselor or contact the Human Resources office to seek referral assistance. Please reference the Employee (Staff or Faculty) Handbook for more information.
Disciplinary Sanctions
College Sanctions
The College responds to alcohol abuse and illegal drug activity by employees or students on a case-by-case basis. Details of each case are taken into consideration along with the outcome of any legal action against the individual. In addition to any penalties under federal, state, or local laws, employees and students found to be in violation of this administrative procedure may be subject to disciplinary sanctions consistent with College policies. Sanctions imposed by the College can range from a warning or disciplinary action up to and including termination of employment or expulsion from school. Other potential sanctions may include referral for prosecution and may require participation in approved drug and/or alcohol abuse assistance or rehabilitation programs. Additionally, as required by law, the College will report to a federal agency any employee convicted of violating a criminal drug statue if the employee is involved in work supported by that federal agency.
New York State law
- Any person under age 21 who is found to be in possession of alcohol with the intent to consume it may be punished by a fine and/or required to complete an alcohol awareness program and/or to provide up to 30 hours of community service. Alcoholic Beverage Control Law, § 65-c.
- Giving or selling an alcoholic beverage to a person less than age 21 is a class A misdemeanor punishable by a sentence of imprisonment up to one year. Penal Law § 260.20
- Any person who operates a motor vehicle while intoxicated or while his ability to operate such vehicle is impaired by the consumption of alcohol or drugs, is subject to suspension or revocation of driving privileges in the State, monetary fines up to $1,000, and imprisonment for up to one year. Vehicle and Traffic Law § 1192
- A person under 21 who presents false written evidence of age for the purpose of purchasing or attempting to purchase any alcoholic beverage may be punished by a fine, community service and/or completion of an alcohol awareness program. Alcoholic Beverage Control Law § 65-b(1). Possessing such false evidence may also be criminal possession of a forged instrument, which is a felony in New York, punishable by a fine of up to $5000, imprisonment up to 7 years, or both. Penal Law § 170.25.
- Appearing in public under the influence of narcotics or a drug other than alcohol to the degree that a person may endanger him or her or other persons or property, or annoy persons in his vicinity, is a violation, punishable by a fine and imprisonment up to 15 days. Penal Law § 240.40
Federal Sanctions
The federal system establishes sanctions for possession and distribution of a controlled substance, based on the schedule of the drug and the amount involved. In addition, the statutory sanctions for possession and distribution are subject to the “Sentencing Guidelines for U.S. Courts.” Imposition of the guidelines may lead to higher offense levels and, thus, stricter penalties than otherwise indicated. Courts must make adjustments in the offense level for victim-related considerations, the defendant’s role in the offense, multiple counts, obstruction, and acceptance of responsibility. The guidelines establish sentences for each offense based on the defendant’s criminal history. Federal penal sanctions range from manufacture, distribution, or trafficking of large amounts of heroin, cocaine, PCP, methamphetamine, Schedule I and II hallucinogens, marijuana, hashish, or any of their derivatives (30 years to life, regardless of the defendant’s criminal history) to possession of any Schedule III-V drug if the defendant has the lowest level of criminal history (0-4 months). Further, if serious injury or death results from the crime, minimums of up to 10 years (serious injury) and 20 years (death) plus a fine of up to $4 million may be added. These penalties may be doubled for defendants with past felony drug convictions. Finally, penal sanctions in the federal system are “real time” with reductions in sentences only for good behavior.