Drug-Free Schools and Campuses Regulations

I.  Applicable University, State and Federal Regulations

Drugs
Montclair State does not condone the medically unsupervised use, possession, sale, manufacture, or distribution of drugs that are illegal.

When such activity occurs on campus, MSU shall initiate appropriate measures, which may include disciplinary action. When such activity occurs off campus, Montclair State nevertheless may consider initiating disciplinary action if the University determines that the activity has a substantial adverse effect upon the University or upon individuals of the University community. In addition, such matters may be reported by the University to the appropriate law enforcement authorities.

All recipients of assistance under the federal Pell Grant program will be required to complete the following statement as part of the award process "I (student name) certify that, as a condition of my Pell Grant, I will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance during the period covered by my Pell Grant."
Since involvement with drugs may be associated with medical and psychological problems, students and others with drug problems may be referred to Psychological Services. Students should be aware that Montclair State continually develops and offers programs and courses on drug education and prevention. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based on ability to pay.

Alcohol
University policy related to possession and consumption of alcoholic beverages grows out of two principles: (1) the laws of the State of New Jersey must be strictly enforced and (2) any consumption must occur within a social framework wherein beverages are not the focus of the event.

Students and others with alcohol abuse problems should be aware that they may be referred to Psychological Services for referral and/or counseling information. In addition, a series of programs and courses on alcohol are offered by the University. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based upon ability to pay.

All applicable state and municipal penalties will be imposed by the appropriate municipal county of State court in addition to Municipal and State penalties, there are Montclair State Penalties for offenses committed. The Dean of Students will be notified of all offenses and will initiate action as outlined in the Non-Academic Disciplinary Procedures of the Student Handbook.

Sale, Possession, Distribution, and Consumption
In New Jersey the sale of alcoholic beverages is expressly forbidden to individuals under age 21. Furthermore, sale is prohibited unless under the authority of a license or permit. Sale of alcoholic beverages on the Montclair State University campus will be limited to those of legal age, and further restricted to those university premises so licensed by the state of New Jersey or eligible for Alcoholic Beverage Commission Special Permits.

Because a majority of Montclair State University students cannot legally consume alcohol, the sale and/or consumption of alcoholic beverages is permitted only in those areas and at those times when special permission has been obtained from the appropriate administrative office on campus and the state of New Jersey.

Residence Halls and Clove Road Apartments
No alcohol will be permitted in any of the residence halls or Clove Road Apartments, including residents' rooms and common areas such as lounges and recreation rooms. Residents are held directly responsible for the conduct of their guests.

The Village at Little Falls Apartments
Alcohol possession and consumption is permitted only in the Village at Little Falls apartments where all residents are of legal drinking age and where there are no guests who are not of legal drinking age and only inside the apartments. No deliveries of alcohol (including kegs) are permitted at the Village at Little Falls Apartments. Residents are held directly responsible for the conduct of their guests.

Summation of State Laws Pertaining to Alcohol
N.J.S. 33:1-2 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.
N.J.S. 2C:33-17 Making any alcoholic beverage available to a person under the legal drinking age, in public or private, without an adult parent or guardian present and consenting, is punishable by a fine of $1,000 and/or up to six months in jail.
Note: It is NOT A DEFENSE to any of the above charges that the accused believed the person to be of legal drinking 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.
N.J.S. 2C:33-15 provides for MINIMUM fine of $500, suspends or postpones driving privileges for six months and requires 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. 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.
N.J.S. 33:1-81 makes it an offense, punishable as outlined below, for:
1) a person under the legal drinking age to enter a licensed premise with the intent to purchase or consume alcoholic beverages;
2) a person under the legal drinking age to purchase or consume alcoholic beverage on a licensed premise;
3) a person of legal drinking age to purchase an alcoholic beverage FOR a person under the legal drinking age;
4) a person under the legal drinking age to misrepresent or misstate his/her age in connection with the sale or service of anyalcoholic beverage.
A person convicted of a violation of any of these provisions is subject to the following penalties for EACH violation: a MINIMUM fine of $100 AND a MANDATORY one year loss of driving privilege, AND court ordered participation in an Alcoholic Education Program.
N.J.S. 39:4-50 et. seq. provides for penalties 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).

Summation of State Laws Pertaining to Illegal Drugs:

2C:35-10  Possession, use or being under the influence, or failure to make lawful disposition

2C:35-10.  Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
a.  It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).  Any person who violates this section with respect to:
(1)  A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
(2)  Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
(3)  Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(4)  Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
         b.  Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
c.  Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
Amended 1988, c.44, s.5; 1997, c.181, s.6.

 2C:35-5.  Manufacturing, distributing or dispensing

2C:35-5.  Manufacturing, Distributing or Dispensing.  a.  Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely:
(1)  To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2)  To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

Selected Punishments:

(b)  Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
(c)  Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of  N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed;
(d)  Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree;
(e)  Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(f)  Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed.

II. University Code of Conduct Excerpts Regarding Alcohol and Drugs

The members of the Montclair State University community recognize that the development of responsible student behavior and conduct is fostered by example, counseling, guidance, admonition and by adherence to University policies and regulations.

Montclair State University is committed to the overall educational and personal growth of its students. In order to facilitate this growth most effectively, it is essential to maintain an appropriate environment.

Thus the University requires the cooperation of all members of the campus community, both in and out of the classroom. To that end, the University establishes this set of policies, standards of behavior, regulations, procedures, sanctions and appeals processes. It is intended to prevent, limit and correct actions that may impede, obstruct or damage the educational environment, and threaten the maintenance of order.

While it is the goal of the disciplinary process to educate students as to the purpose and importance of abiding by prescribed codes of conduct, the University will also issue sanctions as are appropriate and necessary to ensure continued and/or future adherence to these codes, and to protect the general population from disruptive behavior.

This document and supporting materials have been developed to guarantee procedural fairness to students when there has been an alleged failure to abide by Montclair State's policies and regulations. Procedures may vary in formality given the gravity and nature of the offense and the sanctions that may be applied. Terms and prohibited conduct not specifically defined here shall be defined with reference to New Jersey Statutes.

A general principle in all matters of student discipline will be that MSU may base its determinations on a preponderance of the evidence. In cases of misconduct where a major penalty may be assessed, or in which a student so requests, the student will be informed in writing of the allegations and charges, will be given an opportunity to refute them, and will be afforded an avenue to appeal an adverse decision.

Montclair State University does not attempt to regulate the lives or activities of students except to assure its ability to accomplish its educational mission and to protect the health, safety and security of members of our community. Rules and regulations promulgated by the University, or by other agencies with applicability to the campus or its members shall be enforced, and students are expected to comply with them.

The code of student conduct applies to incidents which occur on the MSU Campus, at any MSU-related facility, at any MSU event, and to incidents which utilize computer or other equipment located on the MSU campus or at MSU-related facilities. MSU events include all athletic, academic and social events sponsored by any MSU-related organization, whether on or off campus.

A. Alcohol Violations

Drinking or being in possession of any alcoholic beverage in public areas of university premises not approved for such activity; and possession and/or consumption by a minor; public intoxication; and driving while intoxicated. Minimum sanction: Warning; Maximum sanction: Expulsion.

1. Common Sources/Bulk Containers: Possessing, furnishing, or serving from a common source of alcohol (i.e. kegs, mini-kegs, beer balls, punch bowls, or other approximate equivalent number of servings) is prohibited. Bulk containers and/or mass quantities of any alcohol (including 30-packs and any other quantity above one case of beer and the hard liquor equivalencies) are not permitted in apartments, suites, and/or individual rooms. Sanctions apply to all students (residents and non-residents) present at the time of the infraction and/or to all students (residents and non-residents) who were involved in any way in planning or hosting an event at which a common source or bulk container is provided. In addition, empty kegs, mini-kegs, or beer balls and any tapping devices are not permitted in any apartment, suite, or individual room and cannot be used as decorations or furnishings. Minimum sanction: Probation; Maximum sanction: Expulsion

2. Rapid Consumption: Objects and drinking apparatuses used to facilitate rapid consumption of alcohol, which include, but are not limited to, funnels and beer bongs, are prohibited. All residents present at the time of the infraction may be charged for a policy violation.

Minimum sanction: Probation; Maximum sanction: Expulsion

B. Drug Violations

1. The distribution or sale of drugs, narcotics, barbiturates, hallucinogens, marijuana and amphetamines is prohibited.

2. The possession or use of controlled dangerous substances, marijuana, or narcotics, including, but not limited to, opium (morphine, codeine, heroin) and every other substance not chemically distinguishable from them on campus or in any MSU-related premises is prohibited.

Minimum sanction: Probation; Maximum sanction: Expulsion

III. Counseling and Treatment Services

The University Health and Counseling Services offices believe that the best preventive medicine is knowledge.  They provide outreach activities and educational workshops on health and wellness issues. Topics are wide-ranging and uncompromising in nature.

Educational programming is provided so that members of the University community can reduce the risk for personal health issues. They also provide nonjudgmental and confidential places to come for information, conversation and referrals about health and wellness related topics. There primary objective is to keep individuals well in all aspects of their life at MSU so that they can perform optimally in this academic environment as well as achieve necessary life skills to stay well in the future.

A. Drop-In Center services and programs:

B. Event and Outreach programs:

C. COUNSELING AND PSYCHOLOGICAL SERVICES (CAPS):

Alcohol and Other Drug Program

MSU's Alcohol and Other Drug Program is provided by Counseling and Psychological Services (CAPS).

The cornerstone of AOD treatment services at CAPS is the Exploring Change and Healthy Options or "ECHO" program.

The ECHO program is and exciting new program at CAPS which provides students, in a non-judgmental environment, the opportunity to explore their alcohol and other drug use to help make better informed decisions about their use of substances and highlight the role these substances play in their lives.

Students in the ECHO program receive an individualized Personalized Feedback Report to facilitate understanding of the role substances have in their lives.

The ECHO program includes three primary components:

Typically the ECHO program involves 3-5 individual or group meetings at CAPS.

People participate in ECHO for a variety of reasons including:

1) The ECHO Alternate Sanctioning Program:

2) The ECHO Self-Assessment

To schedule an ECHO appointment for the ECHO Alternate Sanctioning Program or The ECHO Self-Assessment, please call 973-655-5211.

Wondering if you should complete an ECHO assessment? Take a free on-line screening. (Keyword: MONTCLAIR) Click here

Additional AOD Services Available at CAPS:

Individual Counseling

Treatment for alcohol and other drug concerns at CAPS takes a brief motivational approach designed to increase a student's desire to make positive changes regarding his or her alcohol and drug use. This approach emphasizes students' personal responsibility and choices during the treatment process. Treatment often involves once-a-week meetings, which can be supplemented by weekly on or off campus groups.

Due to the short-term treatment model at CAPS, some students may be provided with off-campus referrals for more extensive support when that is determined most appropriate.

Referrals

The CAPS staff will assist interested students in locating appropriate treatment providers in Northern New Jersey and/or their hometown. Click here for a listing of referral resources.

CAPS Alcohol Library and Resource Center

CAPS has a growing collection of self-help information and professional books related to alcohol and other drug abuse. Additionally, CAPS houses an array of brochures and handouts on the topic of chemical dependency.


Additional AOD information:
- What is Blood Alcohol Concentration (BAC)?
- How BAC is experienced at different levels
- How people party: The ups and downs of alcohol.
- How much alcohol is contained in various drinks
- Calculate your BAC
- The low down on tolerance
- Alcohol and your memory
- How alcohol affects muscle development and recovery
- How alcohol affects nutrition and endurance
- Alcohol and sexual functioning
- Alcohol poisoning
- What to do if you are worried about someone's drinking

The information provided is for educational purposes only and it should not substitute consultation with a trained professional

IV. Employee Policies and Regulations

Drug- and Alcohol-Free Workplace Policy
Montclair State University is committed to providing a safe and productive work environment for all employees. To achieve this goal and to comply with the Drug-Free Workplace Act of 1988, employees are prohibited from possessing, distributing, manufacturing, consuming, or being under the influence of alcohol, illegal drugs, or controlled substances while on University premises.

Employees who appear to be under the influence of alcohol, illegal drugs, or controlled substances shall not be permitted to work, particularly when the University has reasonable cause to suspect that their business judgment, personal safety, work performance, or the safety of others may be impaired.

For purposes of this policy, "illegal drugs or controlled substances" refer to those defined as illegal under federal, state, and/or local laws. They include, but are not limited to, all forms of narcotics, depressants, stimulants, hallucinogens, or other drugs whose use, possession, or transfer is restricted or prohibited by law (except for drugs prescribed by a physician or dentist and used according to instructions for the purpose for which they were prescribed).

If there is reasonable cause to suspect that an employee is in possession of illegal drugs or controlled substances, the University reserves the right to conduct searches of its property, vehicles, and facilities, including work areas, desks, and lockers assigned to employees, at any time. In addition, it reserves the right to search an employee’s person and/or personal property, such as but not limited to lunch boxes or bags, pocketbooks, or briefcases if such property is brought onto University premises or into University vehicles. University Police shall conduct such searches when there is reasonable cause to believe that an employee may be in possession of alcohol, illegal drugs and/or controlled substances and/or if an employee’s business judgment, job performance, or the safety of others may be affected by the use of drugs or alcohol.

The University recognizes that drug abuse and/or dependency are medical/behavioral conditions that may be successfully treated. Employees with drug and/or alcohol problems are encouraged to request assistance from the Employee Advisory Program (EAP). The EAP is a confidential counseling service to help state employees and their families who are experiencing problems with job performance because of drugs, alcohol, compulsive gambling, family and marital conflicts, stress, depression, interpersonal conflicts, and anxiety. Participation in the EAP is voluntary and confidential; however, a request for assistance or participation in the EAP does not excuse an employee from charges of violation of this policy. The only exception to the EAP confidentiality provision occurs when the University refers an employee to the EAP provider as set forth in this policy.

Employees in violation of this policy are subject to appropriate disciplinary action, up to and including termination.

Guidelines
Employees are required to report to work and remain at work in condition to perform assigned duties free from the effects of alcohol or drugs.

Off-the-job illegal drug activity or alcohol abuse that could have an adverse effect on an employee’s job performance or that could jeopardize the safety of other employees, the public, University equipment, or the University’s relations with the public constitutes a violation of this policy and will not be tolerated.

In addition to disciplinary action up to and including termination, an employee who is involved with the use, sale, or personal possession (e.g., on the person or in a desk or vehicle) of illegal drugs while on the job, including rest periods and meal periods, or on University property may also be subject to criminal prosecution. Any illegal drugs found shall be turned over to the appropriate law enforcement agency.

Alcohol consumption is generally prohibited during the workday, including rest periods and meal periods, except at authorized University-sponsored events where alcohol is served. The use, sale, or personal possession (e.g., on the person or in a desk or vehicle) of alcohol during work time or on University property shall result in disciplinary action up to and including termination.

V. Health Risks

Alcohol goes directly into the bloodstream, physically affecting the whole body. Some illnesses and health problems caused by alcohol include:

Hangovers: Headaches, nausea, vomiting, aches and pains all result from drinking too much. Drinking to the point of drunkenness makes you sick.

Weight gain: Alcohol is not water. A beer has about 150 "empty" calories that provide few if any nutrients.

High blood pressure: Along with being overweight, high blood pressure is associated with many serious health problems.

Depressed immune system: Impaired immunity makes you more likely to contract viral illnesses such as flu and infections.

Cancer: 2-4% of all cancer cases are related to alcohol. Upper digestive tract cancers are the most common, hitting the esophagus, mouth, larynx, and pharynx.  Women who drink prior to menopause are more likely to develop breast cancer.  Your risk of skin cancer doubles if you drink slightly more than "moderate levels."  Some studies implicate alcohol in colon, stomach, pancreas and lung cancer.

Liver disease: Heavy drinking can cause fatty liver, hepatitis, cirrhosis and cancer of the liver. The liver breaks down alcohol at the rate of only one drink per hour.

Alcohol poisoning: Drinking large amounts can result in alcohol poisoning, which causes unconsciousness and even death. Breathing slows, and the skin becomes cold and may look blue.

Heart or respiratory failure: Excessive drinking can have serious results. Heart or respiratory failure often means death.

Alcohol Increases Risk of Developing Breast Cancer:  In recent studies it was shown that two or more drinks a day increased the chances of developing breast cancer by 20%-25%. This doesn't mean that 20% to 25% of women who have two drinks a day will get breast cancer. Instead, it is the difference between about 12 of every 100 women developing breast cancer during their lifetimes - the current average risk in the US - and 14 to 15 of every 100 women developing the disease. This modest increase would translate to significantly more women with breast cancer each year.

Other long-term effects of heavy alcohol use include loss of appetite, vitamin deficiencies, stomach ailments, sexual impotence, central nervous system damage, and memory loss.

Alcohol dependence puts you at great risk for other health problems, and it can shorten your life by more than 10 years. Alcoholism cannot be cured, but it can be treated.

VI. Safety Risks

Alcohol and other drugs interfere with messages to your brain and alter your perceptions, emotions, vision, hearing, and coordination. Alcohol and drugs affect your judgment and can lead to dangerous behavior that puts you at risk for:

Accidental injuries: More than half of all drownings and fatal falls are alcohol or drug-related. 45% of emergency room visits are alcohol-related. 80% of patients in special units like burn centers have injuries related to alcohol use. Half of all physical injuries sustained on college campuses stem from alcohol use.

Car crashes: Even small amounts of alcohol make driving unsafe. Drunk driving is not only unsafe, it's illegal. Even a blood alcohol level of .05% (below the legal limit for driving in most states) makes you twice as likely to have a car crash. Almost half of all fatal auto crashes are alcohol- or drug- related. Drinking and boating can be a dangerous combination as well. One-third of boating fatalities are alcohol related, and drunk boating is just as illegal as drunk driving.

Sexually Transmitted Diseases (STDs) including AIDS: You are more likely to ignore safety precautions such as condoms if you are under the influence of alcohol or other drugs.

Unwanted pregnancy: For the same reasons that alcohol and other drugs put people at greater risk for STDs, it also makes pregnancy a risk of substance abuse.

Sexual assault: When you're intoxicated, impaired judgment can stop you from noticing dangerous situations and people. Slowed thinking and reaction time makes you more vulnerable to being forced into sexual activity. It also makes people less likely to notice when they are hurting others. Alcohol is involved in many acquaintance rapes. Either party being drunk is not a legal excuse for assault.

Fights: Barroom brawls don't just happen in movies. Not only can you get hurt, you can get arrested. Two-thirds of violent behavior on college campuses involves alcohol.

Trouble with the law: Illegal drugs, underage drinking, drunk driving, public consumption--even giving guests alcohol--can get you into legal trouble.