I. PURPOSE.
The purpose of this policy is to ensure that New York Medical College (“NYMC” or the “College”) fulfills its responsibility to maintain a safe, healthy, and lawful environment by preventing the illicit use of alcohol or other drugs on College premises by faculty, students, and employees. This policy also ensures compliance with federal, state, and local laws such as the Drug-Free Schools and Communities Act Amendments of 1989 and the Drug-Free Workplace Act of 1988.
II. POLICY
It is the policy of New York Medical College to prohibit the unlawful use, possession, sale, distribution, or manufacture of drugs or controlled substances and the abuse of alcohol by all members of the New York Medical College community, including part-time or full-time faculty, staff, students, contractors, and visitors on College premises or as part of any College-sponsored activities.
Although the State of New York has legalized recreational use of marijuana by people at or over the age of 21, the College must abide by federal laws, including the Drug-Free Schools and Communities Act, to remain eligible for federal funding, including funding for student financial aid. Therefore, NYMC will continue to maintain and enforce its prohibition on the use of marijuana. This means that for all students, regardless of age, NYMC prohibits the use, sale, manufacture, distribution, possession, or facilitation of the use of marijuana.
III. SCOPE
This policy applies to all members of the New York Medical College community, including part-time or full-time faculty, staff, students, contractors, and visitors. It covers all College‑owned or leased property, clinical and research sites operated by the College, and any College‑sponsored events or activities, whether occurring on or off campus.
IV. DEFINITIONS
A. ABUSE: Repeated illegal use of alcohol or other drugs, or use of alcohol or other drugs accompanied by other behavior, including but not limited to:
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- Disorderly, disruptive, or aggressive behavior that interferes with the well-being, safety, security, health, or welfare of the community and/or the regular operations of NYMC.
- Engaging in or threatening to engage in any behavior that endangers the health, safety, or well-being of oneself, another person, or property.
- Physical violence (actual or threatened) against any individual or group of people.
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B. DISTRIBUTION: Illegal sale, exchange, or giving of alcohol or other drugs to one or more persons.
C. MARIJUANA (pursuant to Federal law): all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. The terms "marihuana" and "marijuana" do not include (i) hemp, (the term "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis); or (ii) the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
V. PROCEDURES
A. Any student who is using prescription or over-the-counter drugs that may impair their ability to safely perform their academic duties, or affect the safety or well-being of others, must notify the Director of Health Services. The student need not disclose the condition(s) for which the drugs are being used. Following the required disclosure, the College will determine whether arrangements can be made which would allow the student to perform his or her duties safely.
B. Any violation of this policy will result in the College imposing disciplinary action as appropriate. When applicable, individuals may also be referred for legal prosecution.
1) Student violators are subject to the following sanctions and remedial measures:
i. Warning;
ii. Probation;
iii. Suspension from campus housing;
iv. Suspension from enrollment;
v. Service to the College community;
vi. Mandatory counseling, treatment, or rehabilitation;
vii. Parental notification;
viii. Dismissal;
ix. Legal action.
2) Employee or faculty violators are subject to the following sanctions:
i. Probation;
ii. Suspension;
iii. Mandatory counseling, treatment, or rehabilitation
iv. Termination of employment;
v. Legal action.
3) Non-student and non-employee/non-faculty violators are subject to limitations or ban from campus and all College-sponsored activities. Individuals may also be referred to local authorities for legal prosecution.
C. The existence of a progressive system of disciplinary sanctions measures does not preclude NYMC from levying a heavy sanction, without first resorting to a lesser sanction. By way of illustration and not exclusion, NYMC may dismiss a student or terminate a staff or faculty member for a violation of policy without first issuing a warning or putting that student or employee on probation. [MD2]
D. Drug Free Workplace Act compliance:
1) All faculty and staff engaged in the performance of federal grants must notify the Director of Human Resources of any arrest or criminal conviction (on campus or in or on non-campus buildings or property) relating to his or her own drug activity within five (5) calendar days of such conviction.
2) NYMC must notify the agency providing the federal grant within ten (10) calendar days of receiving notice of an employee’s criminal conviction, whether notice is received by the employee directly or other means.
E. A description of some of the available drug or alcohol counseling, treatment or rehabilitation programs is available for students through the Office of Student Mental Health and Wellness and for faculty or employees through the Office of Human Resources and in Appendix A to this policy.
VI. HEALTH WARNINGS
A. Alcohol is associated with liver disease, ulcers, birth defects, malnutrition, heart disease and stroke and can cause brain damage. Its effects on performance include poor concentration, coordination and judgment, as well as absenteeism, lateness, mood swings and fatigue. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described. Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening.
B. Cocaine (Crack): Can cause short-term effects such as impaired judgment; increased breathing, heart rate, heart palpitations; anxiety, restlessness, hostility, paranoia, confusion; long-term effects may include damage to respiratory and immune systems; malnutrition, seizures and loss of brain function; highly addictive.
C. Hallucinogens (PCP, LSD, ecstasy, DXM) can cause extreme distortions of what’s seen and heard; induces sudden changes in behavior, loss of concentration and memory; increases risk of birth defects in user’s children; overdose can cause psychosis, convulsions, coma and death. Frequent and long-term use can cause permanent loss of mental function.
D. Inhalants (nitrous oxide, amyl nitrite, butyl nitrite, chlorohydrocarbons, hydrocarbons) can cause short-term effects such as nausea, dizziness, fatigue, slurred speech, hallucinations or delusions; may lead to rapid and irregular heart rhythms, heart failure and death; long-term use may result in loss of feeling, hearing and vision; can result in permanent damage to the brain, heart, lungs, liver and kidneys.
E. Opiates/Narcotics (heroin, morphine, opium, codeine, oxycodone) can cause physical and psychological dependence; overdose can cause coma, convulsions, respiratory arrest and death; long term use leads to malnutrition, infection and hepatitis; sharing needles is a leading cause of the spread of HIV and hepatitis; highly addictive, tolerance increases rapidly.
F. Sedatives can cause reduced reaction time and confusion; overdose can cause coma, respiratory arrest, convulsions and death; withdrawal can be dangerous; in combination with other controlled substances can quickly cause coma and death; long-term use can produce physical and psychological dependence; tolerance can increase rapidly.
G. Tobacco (cigarettes, cigars, chewing tobacco) can cause diseases of the cardiovascular system, in particular smoking being a major risk factor for a myocardial infarction (heart attack), diseases of the respiratory tract such as Chronic Obstructive Pulmonary Disease (COPD) and emphysema, and cancer, particularly lung cancer and cancers of the larynx and mouth; nicotine is highly addictive.
H. Marijuana/Cannabis can cause short-term effects such as slow reflexes; increase in forgetfulness; alters judgment of space and distance; aggravate pre-existing heart and/or mental health problems; long-term health effects include permanent damage to lungs, reproductive organs and brain function; Can interfere with physical, psychological, social development of young users.
VII. CRIMINAL PENALTIES
A. Criminal Possession of a Controlled Substance (N.Y. Penal Law § 220)
1. Seventh Degree — § 220.03 (Class A Misdemeanor): Knowingly and unlawfully possessing any controlled substance. This is the baseline possession offense.
2. Fifth Degree — § 220.06 (Class D Felony): Possessing a controlled substance with intent to sell it, or possessing specified quantities of certain substances.
3. Fourth Degree — § 220.09 (Class C Felony): Possessing larger quantities of specific controlled substances or possessing PCP with intent to sell and a prior drug conviction.
4. Third Degree — § 220.16 (Class B Felony): Possessing specified large quantities of narcotics, stimulants, hallucinogens, or LSD, or possessing those substances with intent to sell combined with a prior drug felony conviction.
5. Second Degree — § 220.18 (Class A-II Felony): Possessing large-weight narcotics, stimulants, methamphetamine, LSD, or hallucinogenic substances meeting specified weight thresholds.
6. First Degree — § 220.21 (Class A-I Felony): Possessing one or more preparations containing a narcotic drug with an aggregate weight of eight ounces or more, or methadone weighing 5,760 milligrams or more
B. Criminal Sale of a Controlled Substance (N.Y. Penal Law § 220):
1. Fifth Degree — § 220.31 (Class D Felony): Knowingly and unlawfully selling any controlled substance.
2. Fourth Degree — § 220.34 (Class C Felony): Selling specified larger quantities of controlled substances.
3. Third Degree — § 220.39 (Class B Felony): Selling specified quantities of narcotics, stimulants, or other substances, or selling a narcotic preparation to a person under the age of 21.
4. Second Degree — § 220.41 (Class A-II Felony): Selling specified large quantities including hallucinogenic substances.
5. First Degree — § 220.43 (Class A-I Felony): Selling two ounces or more of preparations containing a narcotic drug, or methadone weighing 2,880 milligrams or more
C. Criminal Sale of a Controlled Substance on or Near School Grounds — N.Y. PENAL § 220.44 (Class B Felony): A separate and distinct Class B felony applies to selling a controlled substance (1) on school grounds or on a school bus, or (2) on the grounds of a child day care or educational facility, including areas accessible to the public within 1,000 feet of such facilities.
D. Criminal Possession and Sale of Cannabis (N.Y. Penal Law § 222) above the lawful personal-use thresholds range from Class A misdemeanor (third degree possession or sale) through Class C felony (aggravated criminal sale of 100 pounds or more).
1. §222 Definition: "Cannabis" means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined in section three of the cannabis law or drug products approved by the Federal Food and Drug Administration.
VIII. EFFECTIVE DATE
This policy is effective immediately.
IX. POLICY MANAGEMENT
Executive Stakeholder: Chief Counsel
Oversight Office: Office of the General Counsel
APPENDIX A
SUBSTANCE ABUSE COUNSELING:
Many different mutual and self-help programs are available near NYMC. Although most programs are abstinence-based and follow the 12-step approach, there are also programs that support moderation and a goal and/or do not use 12 steps. Some of the programs listed below may have a religious affiliation; others may merely use spirituality as part of the program. Meeting times and locations are available upon contacting the corresponding phone numbers or websites. Each meeting is somewhat different from any other, even within the same program, both in terms of structure and participants. Many people find it helpful to explore different options.
ON CAMPUS OPTIONS FOR STUDENTS:
The Office of Student Mental Health and Wellness is located at:
19 Skyline Drive, 2N-D21, Hawthorne, NY
Phone: (914) 594-2400
General Email (accessible to SMHW staff): SMHW@nymc.edu
Confidential Email (accessible to Associate Vice Chancellor and Assistant Director only): NYMC-SMHWConnect@nymc.edu
The Assistance for the Impaired Medical Student (AIMS) Program at New York Medical College (NYMC) was developed to address the risk of development of alcohol and substance use and abuse in medical school students. The primary purpose of the AIMS program is to identify, prevent and treat impairments related to alcohol and/or other substance abuse. With an increased awareness of the tremendous social, and medical problems from alcohol/substance abuse early in their careers, and the establishment of clear guidelines, it is hoped that students and physicians can get the help they need to reduce the prevalence of these disorders. The primary purpose of the AIMS program is to identify, prevent and treat impairments related to alcohol/substance abuse. The program has five goals:
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- To provide compassionate assistance to impaired students before they are irreversibly harmed.
- To provide help in a way that fully protects the rights of impaired students to receive treatment in firm confidence.
- To assure that recovered students can continue their medical education without stigma or penalty.
- To protect patients and others from the harm that impairment may cause.
- Provide affected students with access to treatment.
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To learn more, please contact Robin Saide at smhw@nymc.edu.
| OFF CAMPUS OPTIONS FOR STUDENTS, EMPLOYEES, FACULTY, STAFF: | |
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National Drug & Alcohol Treatment Referral Service |
(800) 662-4357 |
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NY State Addiction Hotline |
(800) 522-5353 |
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New York State Office of Addiction Services and Supports |
24/7 helpline (877)-8-HOPENY or Text HOPENY (467369) |
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Alcoholism Council of New York |
(800) 567-6237 |
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The Addiction Institute of New York: |
(212) 523-6491 |
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Guidance Center of Westchester Metro Opioid Treatment Program |
(914) 613-0700 24/7 Help Line: (888) 842-9226 |
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Center for Motivation and Change |
(212) 683-3339 |
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Friends of Recovery Westchester |
(914) 306-5588 |
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The Partnership for a Drug Free America |
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Alcoholics Anonymous |
(212) 870-3400 – www.aa.org |
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Marijuana Anonymous |
(800) 766-6779 - www.marijuana-anonymous.org |
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Narcotics Anonymous |
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Cocaine Anonymous: |
www.ca.org (310) 559-5833 |
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Al-Anon |
(914) 946-1748 |
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Crisis Intervention Hotline |
(888) NYC-Well |
