Drug and Alcohol Policy – General
NYCI operates under the United States Department of Education’s drug prevention program and the Drug-Free Schools and Workplaces Act of 1988. The college will impose disciplinary sanctions on students and employees as set out in the drug prevention program (consistent with local, state and federal law) up to and including expulsion or termination of employment and referral for prosecution for violations of the Standards of Conduct. A disciplinary sanction may include referral to a self-help rehabilitation program.
Standards of Conduct
NYCI prohibits the unlawful possession, use, or distribution of controlled substances and alcohol by students and employees on the college’s campus or as part of any externship or other off-campus activity. Further, students or employees are prohibited from appearing on campus or at any externship site while their ability to function professionally is impaired by the influence of alcohol or controlled substances, whether or not legally obtained.
For purposes of this policy, an individual shall be considered “at the college’s facilities” whenever he/she is:
In the NYCI campus building (including non-campus areas within the building)
At any externship site while representing NYCI as a student or employee,
Driving or riding as a passenger in a vehicle which is owned, leased, or controlled by NYCI,
On a field trips or other official off-campus trip.
NYCI prohibits the use of alcohol by students, and the presence of students or employees whose professional performance is impaired by the influence of alcohol at the college’s facilities. This prohibition is necessary because of the effect that the use of alcohol has on an individual’s performance.
Use, and particularly abuse, of alcohol adversely affects an individual’s efficiency, safety and health, and therefore seriously impairs his/her performance. In addition, it constitutes a potential danger to the welfare of NYCI students, NYCI employees, and other persons.
Any student who possesses, uses, or is under the influence of alcohol while at the college’s facilities is subject to discipline, up to and including dismissal from NYCI for violations of the Standards of Conduct.
Any employee whose professional performance is impaired due to the influence of alcohol while at the college’s facilities is subject to disciplinary action, up to and including potential termination of employment.
Rehabilitation: NYCI will encourage and assist employees with alcohol dependencies to seek self-help or professional treatment.
NYCI prohibits the use or possession of illegal controlled substances, or the presence of students or employees whose professional performance is impaired by the influence of controlled substances (regardless of whether those substances were legally obtained), at the college’s facilities. This prohibition is necessary because of the effect that the use of controlled substances has on an individual’s performance.
The term “controlled substance” in this policy shall be taken to include all chemical substances or drugs listed in any controlled substances acts or regulations applicable under any federal, state or local laws of the U.S.
Furthermore, the use of certain prescription drugs and/or over-the-counter drugs may also, in certain circumstances, affect an individual’s performance and seriously impair his/her abilities.
Prohibitions: The following are strictly prohibited by NYCI:
The illegal possession, distribution, sale or purchase of a controlled substance while at the college’s facilities. (See definition in “Alcohol Policy” section – above).
Possession or use of, or being under the influence of, a controlled substance while at the college’s facilities, except when under a doctor’s direction when such use will not impair the individual’s ability to perform professionally.
The use of other drugs, including prescription drugs and over-the-counter drugs, when such use impairs the individual’s ability to perform or may affect the safety or well-being of others.
Any student who violates the above prohibitions is subject to discipline up to and including dismissal from NYCI for violations of the Standards of Conduct.
Any student convicted on a charge of illegal possession, use, or sale of any controlled substance while off college facilities may be subject to discipline up to and including disciplinary dismissal at the discretion of the President.
Any employee who possesses, uses, or is under the influence of illegal controlled substances while on college facilities or at a college-sponsored event is subject to disciplinary action, including termination of employment.
Rehabilitation: NYCI will encourage and assist employees with chemical dependencies to seek self-help or professional treatment.
Drug Testing: Drug testing of students may be requested under the following circumstances:
When there is a reasonable suspicion that a student is under the influence of drugs or alcohol. “Reasonable suspicion” is a belief based on objective and coherent facts sufficient to lead a prudent person to suspect that the student is under the influence of drugs or alcohol.
When a student is found in possession of alcohol or suspected illicit drugs, or when alcohol or suspected illicit drugs are found in an area controlled or used exclusively by the student (e.g., student’s locker or desk).
Following an incident whose nature indicates impairment of ability or judgment or an incident in which safety precautions were violated or careless acts were performed.
As a part of a testing program instituted as a result of prior drug or alcohol related disciplinary proceeding.
Students who refuse to submit to drug testing under these circumstances may be subject to disciplinary action, including disciplinary dismissal from NYCI.
Confidentiality of Drug Testing Results: Results of drug screening will be part of a student’s medical records and maintained in accordance with applicable law, including the Federal Education Rights and Privacy Act (FERPA).
NYCI reserves the right to search any location anywhere on the college’s facilities; including any desk, locker or vehicle.
All disciplinary enforcement shall be at the discretion of the President, and shall be based upon the severity of the offense and the actions of the student/employee with regard to the incident. NYCI management shall be the sole judge of the sufficiency of evidence in such matters. The President may also bring the matter to the attention of appropriate law enforcement authorities, if in his/her opinion the evidence so warrants.
NYCI reserves the right to make referrals to law enforcement authorities, and further may permit law enforcement officials to conduct random searches of the college’s facilities at the discretion of the President.
Disciplinary and administrative decisions shall be made in a manner consistent with applicable law. A disciplinary dismissal of a student is not appealable.
Links to Information about Drug and Alcohol addiction, abuse, and recovery:
National Institutes of Health – Facts About Addiction
National Institutes of Health – The Drugs of Addiction
NYS Office of Alcoholism and Substance Abuse Services
Links to local agencies that help persons suffering from addiction:
Referral Network for NYC Rehab Centers/Agencies