Alcohol and Controlled Substances at the University

1. It is illegal in New York State and prohibited by the University for any person under the age of 21 to possess any Alcoholic Beverages with the intent to consume the Alcoholic Beverages; or for Alcoholic Beverages to be made available, by Sale or otherwise, to anyone under 21 years of age, or to anyone who is visibly intoxicated.
2. Possession of open containers of Alcoholic Beverages or consumption of Alcoholic Beverages are not permitted on Campus except as specifically authorized by this policy under Section C regarding Students, Section D regarding Sale and Service of Campus Event Alcohol on Campus, or under University Tailgating Rules.  Possession of open containers of Alcoholic Beverages or consumption of Alcoholic Beverages on Campus may be subject to municipal open container laws in addition to this policy.
3. Consistent with the applicable Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), the University prohibits the possession, use or distribution of a Controlled Substance or any drug unlawful to possess  is a violation of law and University policy, except as expressly permitted by law or University Office of Environmental Health and Safety policy on Use of Controlled Substances in Research on University Campuses. All Students and Employees are advised that individuals who violate federal, state and/or local laws and University policy regarding Controlled Substances are subject to University disciplinary action and/or criminal prosecution. Penalties may include attendance and completion of appropriate rehabilitation programs in addition to federal, state, local and/or University sanctions. Note that under federal law, the use, possession, and distribution of Cannabis is illegal and therefore prohibited on Campus, regardless of its legalization in New York State.
4. All University visitors, guests, and Other Third Parties are subject to University policy 6.4 Rules for the Maintenance of Public Order for their conduct on Campus and are required to follow all aspects of this policy.

1. In accordance with federal law and New York State policy, per the Governor’s Office of Employee Relations: 
   1. Employees of the University are prohibited from distributing, selling, attempting to sell, possessing, or purchasing Controlled Substances while at the workplace or while performing in a work-related capacity, except for possession with a valid prescription. Such acts that are illegal in federal or New York State law, even if engaged while in off duty status, may result in criminal, civil and disciplinary penalties.
   2. Employees of the University are prohibited from on-the-job use of, or impairment from, Alcoholic Beverages or Controlled Substances, as can be established by Reasonable Suspicion.
   3. Use of prescribed drugs by Employees of the University is legal if under a doctor’s supervision. The use of prescribed drugs without a physician’s prescription is illegal and therefore prohibited and punishable.
2. Pursuant to SUNY Policy 3400 Drug-Free Schools and Communities Act/Drug-Free Work Place Act Compliance, the Campus must be free from unlawful possession, use, or distribution of Alcoholic Beverages or Controlled Substances. University-related Organizations residing on Campus must abide by this policy.
3. Volunteers and contractors of the University are required to follow all aspects of this policy.
4. No Employee shall report to work unfit for duty at the beginning of a shift or upon returning from any break, lunch or rest period, as determined by Reasonable Suspicion, as a result of consuming or being under the influence of Alcoholic Beverages and/or Controlled Substances, including Cannabis.
5. The above provision does not exclude the possibility that an Employee may report to work under the influence of a Controlled Substance or Cannabis when such use is pursuant to the instructions of a medical provider who has advised the Employee that the substance does not adversely affect the Employee’s ability to safely execute their employment duties, or when the use of Cannabis under the New York State Marihuana Regulation and Taxation Act does not lead to Reasonable Suspicion of Impairment.
6. If a supervisor has a Reasonable Suspicion that an Employee is under the influence of an Alcoholic Beverage(s) or a Controlled Substance, including Cannabis, while at work, the supervisor should immediately inform the University Office of Human Resources Management. The University Office of Human Resources Management will assist the supervisor in performing due diligence to ascertain whether there is a Reasonable Suspicion that the Employee is Impaired by Alcoholic Beverages or a Controlled Substance, including Cannabis, and is unable to perform the duties of their position.
7. Once a determination is made that the University Employee is Impaired by and, therefore, is not able to perform their duties due to use of Alcoholic Beverages or a Controlled Substance, including Cannabis, the University shall determine appropriate next steps, including, but not limited to, making arrangements for the Employee to undergo medical testing, contacting the University Police Department or other appropriate law enforcement agencies, making a referral to the Employee Assistance Program, and/or taking disciplinary action against the Employee up to and including termination, pursuant to the procedures contained in the applicable collective bargaining agreement and in compliance with applicable federal and state laws, rules, and regulations including Section 72 of the Civil Service Law.
8. All members of the University Community found to be in violation of law as per this policy will be reported to the University Police Department and may face criminal charges.
9. If there is a Reasonable Suspicion that an employee, volunteer, vendor, contractor, visitor, or guest of a University-related Organization is under the influence or impaired by Alcoholic Beverages or a Controlled Substance, including Cannabis, the applicable University-related Organization shall be notified and the University may take action or require that action be taken as deemed appropriate to remove the person from Campus if such person, in the opinion of the University, is in any way disrupting the normal operation of the Campus. 
10. The University will continue to enforce Employee alcohol and drug testing as necessary in accordance with New York State or federal law. This may include Cannabis if required by federal law.
11. Employees must notify the University Office of Human Resources Management or the Human Resources Office of their employer who shall in turn notify the University Office of Human Resources Management of any criminal conviction for a Controlled Substance related activity in the workplace no later than five (5) working days after such conviction. The University will notify appropriate federal agencies of such a conviction within ten (10) days of receiving notice of a conviction.
12. In accordance with New York State Vehicle and Traffic Law Article 19A, Section 509 (I), Employees who are considered drivers under this law have to notify their supervisor of a receipt of notification that their license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn or that they have been convicted of a violation of any provision of Section 1192 of the New York State Vehicle and Traffic Law as shall constitute a misdemeanor or a felony in any jurisdiction before the end of the business day on which such notification is received.
13. The Omnibus Transportation Employee Testing Act of 1991 (OTETA) also requires the University or University-related Organization to conduct pre-employment, pre-assignment (promotion), reasonable suspicion, post-accident, random, follow-up and return to duty alcohol and Controlled Substance testing on all Employees whose positions require the possession of a Commercial Driver’s License(CDL).
14. After January 1, 1996, an Employee covered by OTETA and notified of being in a safety sensitive position as defined by the rules of OTETA is further prohibited from the consumption of Alcoholic Beverages four (4) hours prior to operating a commercial motor vehicle (CMV). No supervisor having knowledge that an Employee in such a position has used Alcoholic Beverages within four (4) hours shall permit that Employee to operate a CMV. No Employee serving in a safety sensitive position as defined by the OTETA shall report to work in a condition that violates the act and the corresponding rules.
15. Work-related accidents or injuries involving state vehicles, equipment and/or property where it can be demonstrated that the use of Alcoholic Beverages or Controlled Substances, including Cannabis, may have been a contributing factor will result in formal disciplinary action which can include penalties up to and including termination of employment. In addition, Employees serving in safety sensitive positions covered under OTETA shall be required to take post-accident alcohol and Controlled Substance tests. An Employee serving in OTETA covered position shall not use Alcoholic Beverages or a Controlled Substance, with the exception of those prescribed and directed to be taken by a medical provider, for either eight (8) hours following an accident or until the employee undergoes the post-accident alcohol test, whichever occurs first.
16. The University will make an effort to maintain an alcohol and Controlled Substance-free workplace. This effort will include alcohol and Controlled Substances awareness education, an Employee Assistance Program and the implementation and strict enforcement of this policy.
17. Where written University policy conflicts with the collective bargaining agreements, the collective bargaining agreements shall govern.

Students – drug and alcohol free educational environment

1. Students are subject to the University Community Rights and Responsibilities (student code of conduct), which prohibits the possession and use of Cannabis, as well as the possession of other Controlled Substances and  drug paraphernalia on Campus and limits the possession of prescription drugs on Campus to the individual who has a valid prescription for any and all prescription drugs in their possession. Note that the student code of conduct applies to both on and off campus conduct.
2. Pursuant to section A (1) of this policy, no person under the age of twenty-one (21) years may possess or consume Alcoholic Beverages at any time on Campus.
3. Individuals of legal drinking age in New York State may not provide Alcoholic Beverages to Students under the legal drinking age of twenty-one (21), roommates, suitemates, visitors or guests, or other Third Parties.
4. Alcohol may only be Sold and Served at off-campus registered Student organization events when the Office of Student Involvement and its Student Organization Resources Center (SORC) have determined the following, and explicit permission has been granted:
   1. All applicable federal, state, local laws and University policies will be followed; and
   2. An appropriate risk management plan will be implemented by the sponsoring Student organization. Contact the SORC at [email protected] with any questions.
5. The prohibition of carrying open containers of Alcoholic Beverages or consuming Alcoholic Beverages on Campus, as detailed in section A (2) of this policy, includes movement between Residence Hall rooms or apartments with an open container of an Alcoholic Beverage.
6. All Students who live in Residence Halls are subject to the applicable University Residence Hall license regarding possession and consumption of Alcoholic Beverages and are responsible for informing their visitors and guests of the same.
7. Professional residential or faculty Employees over the age of twenty-one (21) are exempt from the University Residence Hall license restrictions on possession and consumption of Alcoholic Beverages in Freshman Designated Housing within their assigned living accommodations.
8. Students and their visitors and guests, including those over the age of twenty-one (21), need to follow the rules outlined in the Residence Hall license and the student code of conduct regarding Alcoholic Beverages, including specific University prohibitions of behaviors that promote excessive and unsafe consumption of Alcoholic Beverages. Failure of visitors or guests to abide by these rules may lead to immediate removal from Campus under University policy 6.4 Rules for the Maintenance of Public Order and the Student who the visitors or guest was visiting may be held accountable under the student code of conduct.
9. Compliance with all requests by University staff, including Residential Life staff or University Police in verifying proof of twenty-one (21) year old age status of any Student or Third Party is required.  If there is reasonable suspicion to believe that an Alcoholic Beverage might be in squeeze bottles, cups or other such containers, University staff reserve the right to approach Students, visitors or guests, verify the contents of such container and hold individuals accountable under the provisions of this policy.
10. Driving on Campus under the influence of Alcoholic Beverages, non-prescribed or excessive prescribed Controlled Substances is strictly prohibited and violators may be subject to arrest, loss of driving and parking privileges on campus, and a student disciplinary referral that may result in possible suspension or expulsion from the University.
11. The University will maintain education and prevention, intervention, and referral services and programs on use and abuse of Alcoholic Beverages and Controlled Substances and make the information about these services and programs widely available to all Students. University Counseling and Psychological Services provides prevention and early intervention services; the Office of Health Promotions provides prevention and education services. University Counseling and Psychological Services (CAPS) can be reached at (518) 442-5800.  The Middle Earth Peer Assistance Program, which offers information and referral as well as alcohol and drug education under the supervision of CAPS, can be reached at (518) 442-5777.

University Counseling and Psychological Services are located at 1400 Washington Ave, Albany NY 12222, Dutch Quad and the Office of Health Promotions as well as the Middle Earth Peer Assistance program is located in B005 (Basement Level), Seneca Hall, Indigenous Quad.

13. The University will maintain and make publicly available information on the sanctions for Student infractions of prohibited use of Alcoholic Beverages and Controlled Substances in the Sanction Guide.
    1. The sanctions specified in the Sanction Guide, under alcohol and drugs respectively, are the minimal expectations applied by staff in most Student conduct cases involving alcohol and other drugs. The University's response is not restricted to those sanctions listed in the protocol. Students are advised that illegal possession and/or use of Alcoholic Beverages and Controlled Substances is strictly prohibited at the University.
14. Parents of Students who are under the age of twenty-one (21) are notified in writing of any alcohol or Controlled Substances violations by their child.
15. The University maintains amnesty policies exempting Students who reach out for assistance in case of a medical emergency or to report an incident of sexual misconduct from code of conduct violations for alcohol and drug use which can be found in the Student Code of Conduct.

1. Selling or Serving Campus Event Alcohol at any Event, including informal events and University Related Events, requires the prior written approval of the Responsible University Official which may be requested using the procedures promulgated in support of this policy.
2. Sale or Service of Campus Event Alcohol at any Event shall be limited to beer, wine (including champagne), and hard cider.  No Alcoholic Beverages other than these three types, including any other liquor or spirits may be Served or Sold at any Event. The Selling or Serving of Campus Event Alcohol at an Event, including at University Related Events, regardless of funding source is prohibited during the hours of 8:00 am – 5:00 pm Eastern Standard or Daylight time as applicable Monday through Friday.
3. Sales and Service of Campus Event Alcohol at an Event, in any quantity, may only be conducted under a New York State liquor license issued to either the UAS-contracted caterer; a third party caterer approved for use by UAS and the UAS- contracted caterer; or on the Health Sciences Campus, the UAS-contracted caterer or a caterer approved by the Responsible University Official (the provision of Campus Event Alcohol at Events held on the Health Sciences Campus is addressed in Section F(2) of this policy).  This restriction applies to any individual, group, entity, organization, club, department, college, school, or office of the University Community or any outside user of the Campus under a revocable or other permit.
4. In no instance will Campus Event Alcohol in any quantity be Served or Sold at an Event by any person other than an employee or agent of and operating under the supervision of the UAS contracted caterer, a third party caterer approved by UAS and the UAS contracted caterer or for the Health Sciences Campus a caterer approved by the Responsible University Official.  At no time will Campus Event Alcohol be self-served or Served by a member of the University Community other than by an assigned staff member or agent of the UAS-contracted caterer or other caterer approved by UAS and the UAS-contracted caterer or for the Health Sciences Campus a caterer approved by the Responsible University Official. 
5. Possession or consumption of Campus Event Alcohol outside of the area specifically designated for the Campus Event is strictly prohibited and will be considered a violation of this policy and municipal open container laws.  
6. To obtain approval to serve Campus Event Alcohol at any Event, including University Related Events, all Event Hosts must follow the procedures promulgated under this policy.
7. Employees attending any Event held on Campus or elsewhere where Alcoholic Beverages or Campus Event Alcohol is Sold or Served shall not report back to work Impaired.
8. Regardless of whether an Event charges admission, Campus Event Alcohol must only be Sold or Served on an individual basis directly to those persons twenty-one (21) years or older.  This includes Events or performances where tickets are sold and Campus Event Alcohol is provided free of charge or in exchange for a purchased ticket.
9. The Responsible University Official may allow exceptions to the requirements of sections D(2) and D(3) of this policy in extremely limited and unique circumstances using the procedures promulgated under this policy.
10. The Responsible University Official shall be solely responsible for determining what type of Alcoholic Beverage is included in Campus Event Alcohol when an exception is granted.

1. The Selling or Serving of Alcoholic Beverages included as part of the event, at University Related Events held off Campus, regardless of funding source, is prohibited during the hours of 8:00 am – 5:00 pm Eastern Standard or Daylight time as applicable Monday through Friday.
2. The Responsible University Official will solely determine whether a proposed University Related Event held off Campus meets the requirements of this policy.
3. University Related Events must have a purpose other than the consumption of Alcoholic Beverages and Alcoholic Beverages may not be used for drinking games or as contest prizes.
4. Advertising for a University Related Event that includes the Sale or Service of Alcoholic Beverages must follow the University’s policy on Use of University Marks and may not suggest or indicate the availability of Alcoholic Beverages, nor may it suggest an event purpose associated with consumption of Alcoholic Beverages.
5. The venue chosen for a University Related Event held off Campus at a commercial business must be a venue whose primary purpose and business is not the sale and service of Alcoholic Beverages.
6. For University Related Events held off Campus where Alcoholic Beverages are to be Sold or Served, the venue where the University Related Event is to be held, or catering business serving the Alcoholic Beverages, must assume all liability with regard to the Sale or Service of Alcoholic Beverages either under proper local and/or state licenses and permits and liability insurance or personal liability.   

1. A license from the NYS Liquor Authority is required for Sale and Service of Campus Event Alcohol at all Events held on Campus.
2. The UAS-contracted catering vendor holds the sole NYS Liquor Authority permit for the Sale and/or Service of Campus Event Alcohol on Campus except for the Health Sciences Campus.  The provision of alcohol at Events held on the Health Sciences Campus is addressed in Section F(2) of this policy.
3. The license is specific to the premises of the UAS-contracted catering vendor in the Campus Center on the University Uptown Campus.
4. By extension of that license, the UAS-contracted catering vendor may issue temporary permits for UAS-contracted catering vendor catered Events only at other sites on Campus, other than the Health Sciences Campus.   The provision of Campus Event Alcohol at Events held on the Health Sciences Campus is addressed in Section F(2) of this policy.
5. Event Hosts are required to obtain the approval of the Responsible University Official to serve Campus Event Alcohol at an Event on Campus as detailed in the procedures promulgated under this policy before contacting the UAS catering vendor or for the Health Sciences Campus an outside caterer.
6. Event Hosts need to contact the UAS catering vendor as detailed in the procedures promulgated under this policy at least four (4) weeks in advance of an Event at which Campus Event Alcohol may be served or sold.
7. In conjunction with the UAS-contracted catering vendor, Event Hosts where Campus Event Alcohol is Served or Sold assume full responsibility for the enforcement of all laws and university polices regarding the Sale and/or Service of Campus Event Alcohol. This includes:
   1. the requirement to also serve sufficient non-alcoholic beverages and food at Events;
   2. the requirement of proof of age for any individual choosing to consume Campus Event Alcohol which must be presented to the Event host or their designee at the event. 
      1. Acceptable forms of proof of age include a valid driver’s license, a passport or Visa, a New York State non-driver ID, or a US military ID. 
      2. Any identification cards from another university/college and a Sheriff’s ID are not acceptable forms of proof of age or identification
      3. It is illegal and prohibited by the University for an individual to present any identification or proof of age that is false, fraudulent, or not actually his or her own, for any purpose including that of obtaining or attempting to obtain Alcoholic Beverages or Campus Event Alcohol.
8. In the event the UAS-contracted catering vendor declines to cater an Event and instead approves a third party caterer, the third party caterer must provide UAS and the Responsible University Official with its approved NYS liquor authority authorization and premises insurance naming UAS and the University at Albany as insured.

1. Camp Dippikill consists of 850 acres in Warrensburg, New York owned and operated by the Student Association of the State University of New York at Albany, Inc.  Use of Alcoholic Beverages at Camp Dippikill is subject to all federal, state and local laws and University policies with respect to the consumption of Alcoholic Beverages or Campus Event Alcohol.  Administration of this policy is the responsibility of the Student Association of the State University of New York at Albany, Inc. and the Director of Camp Dippikill. 
2. The Health Science Campus is owned by the University at Albany Biosciences Development Corporation (UABDC). UABDC property, including that portion comprising the Health Science Campus, is insured by private carriers and requires any outside vendor who provides catering to issue UABDC a certificate of liability insurance in which UABDC is named as an additional insured party in addition to the University.  All Events to be held at the Health Sciences Campus where Campus Event Alcohol is to be Served or Sold require prior written approval of the Responsible University Official, a copy of which is to be provided to the UABDC Properties Operations Manager. All Events also require the submission of a NYS Liquor Authority Permit to the Responsible University official, with a copy to the UABDC Health Sciences Campus Operations Manager five business days prior to the scheduled date of the Event.  All aspects of this policy and the procedures promulgated under this policy for Events, including the limit of types of Alcohol that may be Served or Sold as outlined in Section D(2) of this policy and the prohibition on serving Alcohol or Campus Event Alcohol Monday through Friday between the hours of 8 a.m. and 5 p.m. outlined in Section D(3) of this policy also apply to any Event held at the Health Sciences Campus.

1. Nothing contained in this policy will relieve any person or organization of civil or criminal liability, or the responsibility to comply with any law, regulation, or statute.