Alcohol and Other Drug Policy

Home > Policies & Guidelines > Policies

Last Revision: April, 2023

New York Institute of Technology, as part of its mission to provide career-oriented professional education to its students, recognizes the importance of providing an environment that is conducive to learning and free of substance abuse. The United States Department of Education has issued regulations for the implementation of the provisions of the Drug Free Schools and Communities Act Amendments of 1989 (Public Law 101-226). To comply with these regulations, New York Tech annually distributes in writing to each student the following information:

The laws and policy included apply to students attending New York Tech's domestic (U.S.) campuses. Students at New York Tech's campuses outside the U.S. must be aware of and follow the applicable campus policies and laws of their respective countries.

New York Tech conducts a biennial review of its drug and alcohol abuse policy and program to determine its effectiveness, implement necessary changes, and assure that disciplinary sanctions are consistently enforced. The review will be conducted by the Alcohol and Other Drug Task Force.

Standards of Conduct

New York Institute of Technology is committed to upholding federal, state, and local laws in order to maintain a drug-free workplace and quality educational environment. In addition, New York Tech is dedicated to educating the campus community on the issue of substance abuse through multiple methods, including New Student Orientation, awareness programs, and workshops throughout the year.

As a condition of enrollment, all undergraduate and graduate students taking classes on any New York Tech campus, including students at both campuses of NYIT College of Osteopathic Medicine, must meet certain standards of conduct, as outlined in this document.

New York Tech employees must abide by the Alcohol and other Drug policy in the Employee Handbook (requires login). Additionally, employees may contact the Office of Human Resources at 516.686.7667.

Tobacco/Nicotine

Pursuant to New York Public Health Law, Article 13E (New York State Clean Indoor Air Act) Regulation of Smoking in Certain Public Areas, smoking is prohibited in all university buildings and/or sections thereof, owned, leased, or operated by New York Tech. Smoking is also prohibited at the entrances and exits of facilities and residence halls. Smokers are requested to maintain a minimum distance of 20 feet from entrances. This policy includes the prohibition of all delivery systems of tobacco and nicotine, including but not limited to smokeless tobacco, e-cigarettes, vaporizers, electronic hookahs, etc.

Alcohol

I. New York Tech prohibits the consumption, possession, distribution, use, sale, or supply of alcohol in open or closed containers on all university owned, licensed, or leased property including residence halls, athletic fields, dining facilities, classrooms, and academic buildings, or as part of any college activity—on or off campus—regardless of the age of the individual.

Exceptions to this prohibition, outside of those set forth below, may only be granted by application and written approval of the Director of Compliance (compliance@nyit.edu).

  1. Alcohol may be served at university events sponsored by the President or the Offices of Development and Alumni Relations when the event meets ALL of the following criteria:
    • The event is not for current students;
    • The event does not include any current students; and
    • Alcohol is deemed to be necessary and/or appropriate for the event.
    Alcohol may only be dispensed by a licensed food service caterer, in full compliance with New York State Alcoholic Beverage Control law.
  2. As part of approved coursework, alcohol may be consumed by an individual "who is a student in a curriculum licensed or registered by the state education department and the student is required to taste or imbibe alcoholic beverages in courses that are part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during classes conducted pursuant to such curriculum." (New York State Alcoholic Beverage Control Law, Article 5, S65-C, 2(a))
  3. Events at New York Tech venues leased or licensed by external, corporate, or private parties are exempt from the university's prohibition on alcohol.

II. Advertising or promoting the use of alcohol at university-related events or activities on or off campus without prior approval by the Director of Compliance is not permitted in any form (i.e. campus newspapers, flyers, electronic communication, etc.).

III. Alcohol containers (whether full, empty, or decorative) may not be possessed on any New York Tech owned or leased property, including all residence halls.

ILLICIT DRUGS (INCLUDES MARIJUANA)

  1. Federal, state, and local laws pertaining to the possession, distribution, use, sale, and supply of illegal drugs, narcotics, and other controlled substances apply on all New York Tech owned or leased property, including all residence halls. Violation of any of those laws (suspected or convicted) constitutes a violation of this policy.
  2. The possession of any type of drug paraphernalia is prohibited on any New York Tech owned or leased property, including all residence halls.
  3. In 2021, New York passed the Marihuana Regulation and Taxation Act, which legalized the adult-use of marijuana (also known as cannabis) throughout the state. However, federal law continues to classify marijuana as a Schedule I substance under the Controlled Substances Act. Furthermore, the federal Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226) requires all institutions of higher education receiving federal assistance funds to prohibit the use, possession, and distribution of marijuana on its property or as any part of its activities. Therefore, the possession, use, cultivation, or distribution of marijuana is prohibited on any New York Tech owned or leased property, including residence halls, as well as at any university-affiliated event held on or off campus.

PRESCRIPTION MEDICATIONS

As indicated above, narcotics and controlled substances, which include some prescription medications, are prohibited on all New York Tech owned or leased property, including all residence halls. Additionally, the following actions in relation to any and all prescription medications constitute violations of this policy:

  1. The possession, distribution, use, sale, and supply of any prescription medication(s) which are not legally prescribed to you.
  2. The distribution, sale or supply (includes sharing at no cost) of a legally prescribed medication in your name to another individual.
  3. The improper use of any prescription medication(s) legally prescribed to you.

University Sanctions

Students found in violation of New York Tech's Policy on Alcohol and Other Drugs (AOD) are subject to disciplinary sanctions as set forth in New York Tech's Student Code of Conduct. Campus Security has the authority to confiscate and/or destroy any alcohol or other drugs.

New York Tech Good Samaritan Policy for Alcohol and/or Drug Use

New York Tech recognizes that there may be health or safety emergencies related to the use of alcohol or other substances in which the potential for disciplinary action by the institution may serve as a deterrent to students who want to seek assistance for themselves or others. In all such matters, the health and safety of the student at risk will be the institution's top priority. Accordingly, should a student themselves, or another individual on behalf of that student, voluntarily come forward seeking assistance in a situation involving the over-consumption or abuse of drugs or alcohol, the student conduct response regarding that overconsumption will be focused on emergency medical considerations, acts of "Good Samaritans," and appropriate counseling and/or educational interventions. Under this policy, the student for whom assistance is sought and the bystander acting in good faith who discloses to institutional officials an incident of alcohol or drug use, will not be subjected to sanctions for violations of New York Tech alcohol or drug policies. However, the university reserves the right to address any associated acts that compromise the well-being of the community and its members such as harassment, violence, damage, harm to self/others, or distribution of illegal substances on a case-by-case basis as deemed appropriate/necessary.

New York Tech Alcohol and/or Drug Use Amnesty Policy

When reporting instances of sexual misconduct in good faith, students or bystanders will not be subject to alcohol and/or drug use policy violations occurring around the time of the alleged incident.

Legal Sanctions

Summary of Alcohol-Related Laws in New York State

It is illegal for anyone under the age of 21 to possess any amount of alcohol with the intent to consume.
Sanction: Up to a $50 fine and/or completion of an alcohol awareness program and/or up to 30 hours of community service.
It is illegal to sell alcohol to anyone under the age of 21 or to sell to anyone who is already intoxicated.
Sanction: Up to $1,000 fine and/or up to one year in jail.
It is illegal to use a false ID or to provide someone else with a false ID to buy alcohol.
Sanction: Up to $100 fine and/or required to complete an alcohol awareness program and/or provide up to 30 hours of community service. If the false ID is a driver's license, your license may also be suspended for 90 days.
It is illegal to misrepresent one's age or that of anyone else under 21.
Sanction: $200 fine and/or up to five days in jail.
New York State Zero Tolerance Law states it is illegal for individuals under the age of 21 to drive a motor vehicle after consuming any amount of alcohol.
Sanction: Any person under the age of 21 with a blood alcohol concentration of .02% or above will be subject to license suspension, revocation, and/or vehicle seizure.

Aggravated Driving While Intoxicated
AGG-DWI (0.18 and Higher BAC {Blood Alcohol Content})

  License Action & Requirements4
Conviction Fine Only1 Jail Sentence Age 21 & Older Under Age 21
1st Offense (Misdemeanor) Minimum $1,000 / Maximum $2,500 Up to 1 Year Minimum 1 – Year Revocation Minimum 1 – Year Revocation
2nd Offense Within 10 years (Class E Felony) Minimum $1,000 / Maximum $5,000 Up to 4 Years2 Minimum 18 – Month Revocation 18 – Month Revocation or until age 21, whichever is longer
3rd Offense or more Within 10 years (Class D Felony) Minimum $2,000 / Maximum $10,000 Up to 7 Years3 Minimum 18 – Month Revocation 18 – Month Revocation or until age 21, whichever is longer


Driving While Intoxicated (DWI or .08 and Higher BAC)
Driving While Impaired By Drug (DWAI-DRUG)
Driving While Impaired By Combined Alcohol & Drug (DWAI-Combination)

  License Action & Requirements4
Conviction Fine Only1 Jail Sentence Age 21 & Older Under Age 21
1st Offense (Misdemeanor) Minimum $500 / Maximum $1,000 Up to 1 Year Minimum 6 – Month Revocation Minimum 1 – Year Revocation
2nd Offense Within 10 years (Class E Felony) Minimum $1,000 / Maximum $5,000 Up to 4 Years2 Minimum 1 – Year Revocation 1 – Year Revocation5 or until age 21, whichever is longer
3rd Offense or more Within 10 years (Class D Felony) Minimum $2,000 / Maximum $10,000 Up to 7 Years3 Minimum 1 – Year Revocation 1 – Year Revocation or until age 21, whichever is longer


Driving While Ability Impaired By Alcohol
DWAI (More Than .05 up to .07 BAC)

  License Action & Requirements4
Conviction Fine Only1 Jail Sentence Age 21 & Older Under Age 21
1st Offense (Traffic Infraction) Minimum $300 / Maximum $500 Up to 15 Days 90 – Day Suspension Minimum 1 – Year Revocation
2nd Offense Within 5 years (Traffic Infraction) Minimum $500 / Maximum $750 Up to 30 Days Minimum 6 – Month Revocation 1 – Year Revocation or until age 21, whichever is longer
3rd Offense or more Within 10 years (Misdemeanor) Minimum $750 / Maximum $1,500 Up to 180 Days Minimum 6 – Month Revocation 1 – Year Revocation or until age 21, whichever is longer

Legend

  1. Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.
  2. Minimum 5 days jail or 30 days community service if within 5 years of first offense.
  3. Minimum 10 days jail or 60 days community service if within 5 years of prior offense.
  4. The Department of Motor Vehicles determines when your license can be returned or reinstated, based on state law or regulation.
  5. If prior conviction is aggravated DWI, revocation is 18 months or until age 21, whichever is longer.
* Source: dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations

Federal Trafficking Penalties – Marijuana, Hashish, and Hashish Oil, Schedule I Substances

Drug Quantity First Offense Second Offense
Marijuana 1,000 kgs or more mixture; or 1,000 or more plants
  • Not less than 10 years, not more than life
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $10 million if an individual, $50 million if other than an individual
  • Not less than 20 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $20 million if an individual, $75 million if other than an individual
Marijuana 100 kgs to 999 kgs mixture; or 100 to 999 plants
  • Not less than five years, not more than 40 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $5 million if an individual, $25 million if other than an individual
  • Not less than 10 years, not more than life
  • If death or serious injury, life imprisonment
  • Fine not more than $8 million if an individual, $50 million if other than an individual
Marijuana 50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants
  • Not more than 20 years
  • If death or serious bodily injury, not less than 20 years or more than life
  • Fine not more than $1 million if an individual, $5 million if other than individual
  • Not more than 30 years
  • If death or serious bodily injury, life imprisonment
  • Fine $2 million if an individual, $10 million if other than individual
Hashish More than 10 kilograms
Hashish Oil More than 1 kilogram
Marijuana Less than 50 kgs mixture, 1 to 49 plants;
  • Not more than five years
  • Fine not more than $250,000, $1 million other than individual
  • Not more than 10 years
  • Fine $500,000 if an individual, $2 million if other than individual
Hashish 10 kgs or less
Hashish Oil 1 kgs or less

* Source: dea.gov/sites/default/files/drug_of_abuse.pdf#page=30

Federal Trafficking Penalties – Schedules I, II, III, IV, and V Substances (except Marijuana)

Drug/Schedule Quantity Penalties Quantity Penalties
Cocaine (Schedule II) 500 – 4999 gms mixture

First Offense: Not less than five years, and not more than 40 yrs. If death or serious injury, not less than 20 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 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.

 5 kgs or more mixture

First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 years 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 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

Two or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

Cocaine Base (Schedule II) 28 – 279 gms mixture 280 gms or more mixture
Fentanyl (Schedule II) 40 – 399 gms mixture 400 gms or more mixture
Fentanyl Analogue (Schedule I) 10 – 99 gms mixture 100 gms or more mixture
Heroin (Schedule I) 100 – 999 gms mixture 1 kg or more mixture
LSD (Schedule I) 1 – 9 gms mixture 10 gms or more mixture
Methamphetamine (Schedule II) 5 – 49 gms pure or 50 – 499 gms mixture 50 gms or more pure or 500 gms or more mixture
PCP (Schedule II) 10 – 99 gms pure or 100 – 999 gms mixture 100 gms or more pure or 1 kg or more mixture

 

Drug/Schedule Quantity Penalties
Other Schedule I and II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount

First offense: Not more than 20 years. If death or serious injury, not less than 20 years, or more than Life. Fine $1 million if an individual, $5 million if not an individual.

Second offense: Not more than 30 years. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual.

Flunitrazepam (Schedule IV) 1 gm or more
Other Schedule III drugs Any amount

First offense: Not more than 10 years. If death or serious bodily injury, not more than 15 years. Fine not more than $500,000 if an individual, $2.5 million if not an individual.

Second offense: Not more than 20 years. If death or serious injury, not more than 30 years. Fine not more than $1 million if an individual, $5 million if not an individual.

All other Schedule IV drugs Any amount

First offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second offense: Not more than 10 years. Fine not more than $500,000 if an individual, $2 million if not an individual.

All Schedule V drugs Any amount

First offense: Not more than 1 year. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second offense: Not more than 4 years. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Health Risks

A brief overview of the effects of alcohol and other drugs follows. New York Tech does not seek to give specific medical advice but offers the following information solely for educational value. Drug information is provided by Substance Abuse and Mental Health Services Administration (SAMHSA).

Alcohol

Alcohol is a powerful depressant drug that slows down the central nervous system. It is the number one abused drug among college-age students. With a first sip, inhibitions may be affected. Continued drinking affects judgment and reasoning ability. Low to moderate doses of alcohol may increase the incidence of aggressive acts, including spouse and child abuse, and dangerous risk-taking behavior. Moderate to high doses of alcohol cause marked impairment in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses of alcohol can cause respiratory system depression and death.

It is dangerous to drive a car after consuming alcohol. Chronic use of alcohol can lead to alcohol dependence. Long-term effects result in damage to major organs of the body such as the liver and pancreas. Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. Infants born with fetal alcohol syndrome have irreversible physical abnormalities and/or developmental delays. Research indicates that children of alcoholic parents are at increased risk to become alcoholics.

Symptoms of Alcohol Poisoning:

  1. Person cannot be awakened
  2. Person has pale or bluish skin color that is cold to the touch and/or clammy
  3. Person has slow or irregular breaths
  4. Person is vomiting and does not wake up

If you observe any of these symptoms, GET HELP IMMEDIATELY BY CALLING 911.
Call Campus Security, the RA, and anyone else available on campus!

Marijuana

Cannabis, or marijuana, refers to the dried leaves, flowers, stems, and seeds from the hemp plant Cannabis sativa, which contains the psychoactive (mind-altering) chemical delta-9-tetrahydrocannabinol (THC), as well as other related compounds. This plant material can also be concentrated in a resin called hashish or a sticky black liquid called hash oil. THC is believed to be the main chemical ingredient that produces the psychoactive effect. Cannabis is often smoked in hand-rolled cigarettes (joints), pipes, or water pipes (bongs).

The short-term effects of marijuana include problems with memory and learning, distorted perception, difficulty in thinking and problem-solving, and loss of coordination. The use of marijuana increases the risk of developing cancer of the head, neck, lungs, and respiratory tract due to toxins and carcinogens. Among youth, heavy cannabis use is associated with cognitive problems and increased risk of mental illness.

Although several states, including New York, have decriminalized marijuana (for recreational or medical use), it remains an illegal substance under federal law.

Cocaine

Cocaine is a powerful stimulant drug made from the leaves of the South American coca plant. Cocaine is a nervous system stimulant that has the appearance of small, irregularly shaped chunks of a whitish solid. Cocaine can be snorted while in the powdered form, injected into the veins after dissolving in water, or smoked. It is also used to produce crack, which is smoked, producing a short, intense high.

Cocaine has two main pharmacological actions. It is both a local anesthetic and a central nervous system stimulant—the only drug known to possess both of these properties.

As users come down from their cocaine high, some experience temporary, unpleasant reactions and after-effects, which may include restlessness, anxiety, agitation, irritability, and insomnia. With continued, escalating use of cocaine, the user becomes progressively tolerant to the positive effects, while the negative effects, such as a dysphoric, depressed state, steadily intensify. Prolonged use may result in adverse physiological effects involving the respiratory, cardiovascular, and central nervous systems. Cocaine use may also result in overdose and death.

Methamphetamine

Methamphetamine (meth) is a stimulant that has a similar chemical structure to amphetamine. Regular methamphetamine is a pill or powder, while crystal methamphetamine takes the form of glass fragments or shiny blue-white "rocks" of different sizes. Meth is taken orally, smoked, injected, or snorted. To increase its effect, users smoke or inject it, or take higher doses of the drug more frequently.

Long-term use of meth has many damaging effects. Chronic meth abusers experience anxiety, confusion, insomnia, paranoia, aggression, visual and auditory hallucinations, mood disturbances, and delusions.

The physiological effects of methamphetamine are generally similar to those of cocaine: increased heart rate, elevated blood pressure and body temperature, and an increased respiratory rate. The psychological effects of methamphetamine, again similar to cocaine, include an increased sense of well-being or euphoria, increased alertness and energy, and decreased food intake and sleep. Methamphetamine has a substantially longer half-life in the body than cocaine (which quickly metabolizes), thus leading to more intense and protracted withdrawal.

Chronic methamphetamine users may have episodes of violent behavior, paranoia, anxiety, confusion, and insomnia. Heavy users show progressive social and occupational deterioration. Research has shown that prolonged methamphetamine use may modify behavior and change the brain in fundamental and long-lasting ways. With time and successful treatment and recovery, the negative effects of methamphetamine on the brain can be diminished or completely reversed.

Hallucinogens

Hallucinogens are illegal drugs that distort a person's perception of reality. They occur in chemical form (for example, LSD and MDMA, a synthetic drug better known by its street name Ecstasy or Molly) as well as in nature (psilocybin mushrooms and peyote). These drugs can produce visual and auditory hallucinations, feelings of detachment from one's environment and oneself, and distortions in time and perception. Rare but serious health effects include heart failure (MDMA) and flashbacks (LSD).

Opioids

A number of opioids are prescribed by doctors to relieve pain. These include hydrocodone, oxycodone, morphine, and codeine. While many people benefit from using these medications to manage pain, prescription drugs are frequently diverted for improper use.

As people use opioids repeatedly, their tolerance increases and they may not be able to maintain the source for the drugs. This can cause them to turn to the black market for these drugs and even switch from prescription drugs to cheaper and riskier substitutes like heroin.

Heroin

Heroin is a powerful opiate drug. Heroin looks like a white or brownish powder, or as the black sticky substance known on the streets as "black tar heroin." It is diluted with other drugs or with sugar, starch, powdered milk, or quinine before injecting, smoking, or snorting. Some of the physical symptoms of heroin are euphoria, drowsiness, respiratory depression, constricted pupils, nausea, and dry mouth.

A heroin overdose causes slow and shallow breathing, blue lips and fingernails, clammy skin, convulsions, coma, and can be fatal.

Many young people who inject heroin report misuse of prescription opioids before starting to use heroin. In addition to increasing the risk of overdose, the intravenous use of heroin places individuals at higher risk of diseases like HIV and Hepatitis C.

Programs Available to Assist Students

Comprehensive prevention and educational programs are coordinated through New York Tech's Counseling and Wellness Center. All new New York Tech students are required to complete AlcoholEdu and Sexual Assault Prevention training. Examples of additional programs regularly provided to students include: National Collegiate Alcohol Awareness Week, Great American Smoke Out, National Drunk and Drugged Driving Month, Safe Spring Break, and Substance-Abuse Awareness presentations infused into the curriculum. In addition, the university provides education through the AlcoholEdu for Sanctions program and when appropriate, behavioral consultations with New York Tech's Counseling and Wellness Centers for students who are in violation of the AOD policy.

Resources

Long Island campus:
Counseling and Wellness Center, Student Activity Center, Room 303
Phone: 516.686.7976

New York City campus:
Counseling and Wellness Center, 33 W. 60th St., Room 308
Phone: 212.261.1770

Off-Campus Resources

Addendum for NYITCOM Students at Arkansas State University

Arkansas DWI Penalty Guide

DWI Conviction Typical Penalties
1st DWI Conviction
Misdemeanor
  • One day to one year in jail OR at least 7+ days community service
  • Four to six month license suspension
  • $150–$1,000 fine
2nd DWI Conviction
(within five years)
Misdemeanor
  • Seven days to one year in jail OR at least 30 days community service
  • Two year license suspension
  • $400–$3,000 fine
3rd DWI Conviction
(within five years)
Misdemeanor
  • 90 days to one year in jail OR at least 90 days community service
  • 30 to 36 month license suspension
  • $900–$5,000 fine
4th DWI Conviction
(within five years)
Felony
  • One to six years in prison OR at least one year community service
  • Four year to life license revocation
  • $900–$5,000 fine
5th DWI Conviction
(within five years)
Felony
  • Two to six years in prison OR at least two years community service
  • Four year to life license revocation
  • $900–$5,000 fine
* Source: dfa.arkansas.gov/driver-services/dui-dwi-information/

On-Campus Resources

NYITCOM-Arkansas:
Counseling and Wellness Center
Reng Student Center, Room 2203
Phone: 870.972.2318

Alcoholics Anonymous: 870.933.1518

24-Hour Addiction Hotline: 800.601.7202