Effective Date of Policy:
August 17, 2022
Daemen University allows students who comply with the New York State minimum drinking age of 21 years of age to consume alcohol as a privilege, but not as a right, and within specified guidelines and limitations, at certain University events, as determined by the Director of Student Activities. These events are generally limited to those where a significant number of students over the age of 21 are anticipated to attend.
The University expects that students who choose to consume alcohol will do so responsibly. Individuals or groups who conduct themselves in a disorderly manner, destroy property, or infringe upon the rights of others are accountable for their behavior and will be subject to campus disciplinary action and/or appropriate civil or criminal actions. In other words, drunkenness is a problem, not an excuse for one. These policies and regulations apply to all members of the University community and their invited guests:
- All alcoholic beverages are to be provided by Daemen University Dining Service at all events approved for alcohol service.
- All student social functions involving alcohol are usually limited to members of the Daemen University community and their escorted guests. Students are liable for the actions of their guests. The Director of Student Activities will generally refuse alcohol requests for events where unescorted visitors may be expected. The Director may refuse entry of any person to any University event.
- Alcohol abuse will not be tolerated. Alcohol may not be offered as a prize or reward, or consumed in contests. Social participants are allowed to purchase no more than one (1) alcoholic drink at a time (or at the discretion of the Director of Student Activities).
- Dining Service bartenders, campus safety officers, group advisors, the Director of Student Activities, and/or any appropriate individual acting in their official capacity within the Division of Student Affairs has authority to refuse the purchase of alcohol by any person who appears to be intoxicated or troublesome. Such a person may be required to leave a social event.
- Aside from the specifications permitting alcohol at certain student activities, and the guidelines for alcohol permitted in the residence halls listed in this Student Handbook, alcohol cannot be consumed on campus grounds or in private automobiles while on campus grounds.
Daemen University recognized student organizations are not permitted to host events on campus or off campus where the primary focus is the consumption of alcohol. This typically refers to bar parties or fundraisers where persons pay a cover charge and alcoholic beverages are provided free or at a reduced fee. The intent of this policy is to prevent and discourage events that promote alcohol abuse (binge drinking, underage drinking, DWI) and to reduce the risk of liability faced by student organizations and their officers when holding these types of events.
See specific alcohol policy as outlined in the Residential Living Section (Section 4) of this Handbook.
Daemen University Drug and Alcohol Abuse Prevention Policy
Pursuant to the U.S. Department of Education Regulations implementing the Drug-Free Schools and Communities Act Amendments of 1989, Daemen University establishes the following policy and regulations:
Policy Statement: Daemen University endeavors to establish for its students, faculty and staff an environment in which the misuse of alcohol and drugs is minimized, which encourages moderation, safety and personal accountability, and which provides an atmosphere free of coercion and peer pressure to abuse alcohol or use illegal drugs. The University strongly believes and encourages the use of treatment and educational programs as the most effective means to reduce and prevent substance abuse of any kind. All members of the Daemen community should exercise sound judgment and be mindful of their personal health, safety and well-being, as well as that of their friends and guests, by observing all laws regulating drug and alcohol and the University rules expressed in this Policy and elsewhere in this Handbook.
Standards of Conduct: The unlawful possession, use, or distribution of alcohol and illegal drugs by students and employees on university property or while engaged in University activities off the University campus is prohibited. While the University permits the lawful use of alcohol by students and guests on campus in accordance with the University alcohol policy (see the following section), any abuse of this privilege will be subject to University disciplinary action and/or appropriate criminal sanctions.
Legal Sanctions Regarding Alcohol: Under New York State law it is illegal:
- To provide alcohol to persons under the age of 21 or to persons who are visibly intoxicated. Providing alcohol to persons under the age of 21 is a Class A misdemeanor which is punishable by imprisonment for up to one year, a fine of not more than $1,000 and/or three years’ probation;
- To misrepresent the age of a person under the age of 21 for the purpose of inducing a sale of alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $200, or by imprisonment for not more than five days, or by both fine and imprisonment;
- For a person under the age of 21 to possess alcohol with the intent to consume it. Those found guilty of violating this law shall be punished by a fine of not more than $50 and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service;
- For any person under the age of 21 to present or offer any written evidence of age which is false, fraudulent or not actually his own, for the purpose of purchasing or attempting to purchase alcohol. Those found guilty of violating this law shall be punished by a fine of not more than $100, and/or required to complete an alcohol awareness program and/or required to provide up to 30 hours of community service. Additionally, if it is found that a New York State driver’s license was the written evidence of age used for the purpose of the purchase or attempted purchase, the person’s license to drive a motor vehicle may be suspended for 90 days. Lastly, alteration of the required forms of identification (driver’s license, passport or armed forces ID card) may constitute “possession of a forged instrument…with intent to defraud,” which is a Class D felony under New York State penal law.
Legal Consequences of Operating a Vehicle While Under the Influence of Alcohol or Drugs
- Operating a Motor Vehicle After Consuming Alcohol While Under Age 21. Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, and a $125 charge. V&T Law § 1192-a.
- Driving While Ability Impaired (DWAI) (more than .05% but less than .08% Blood Alcohol Content (B.A.C.). First violation (Traffic Infraction): Mandatory $300-$500 fine and/or imprisonment up to 15 days; mandatory 90-day license revocation. Subsequent violations increase the fine, possible imprisonment, and length of revocation.
- Driving While Intoxicated (DWI) (.08% B.A.C. or higher or while impaired by the use of a drug) 1st Violation (Misdemeanor): Mandatory $500-$1,000 fine and/or 1 year imprisonment; Mandatory 6-month minimum license revocation. Two violations within 10 years can result in jail for up to 4 years and a 1-year revocation of your license to drive. If there is personal injury, a possible lifetime revocation can result.
- If you are under the age of 21 and charged with DWAI or DWI and you are convicted of such charges, your license will be revoked for a minimum of one (1) year. If you drive while your license is suspended or revoked, or if you refuse a chemical test, you face a mandatory jail term of 7–180 days and a mandatory fine of $500–$1,000.
There are several New York State and Federal laws prohibiting the use and/or sale of controlled substances (drugs such as marijuana, heroin, cocaine, PCP, LSD, methamphetamine and fentanyl). Misuse and sale of prescription medications is also prohibited. Prescriptions are meant to be used only by the person for whom the prescription is written and/or as prescribed. A conviction can result in a substantial fine and/or a lengthy imprisonment. Remember that the conviction of a crime will remain on your record and can impact your ability to find suitable employment or get a professional license and can impair your ability to travel.
New York State has decriminalized marijuana, which is not the same as indicating its legality. Possession of less than 25 grams is considered a violation and carries a fine of up to $100 with increased fines for repeat offenders. Additional charges/penalties and fines increase depending on the quantity over 25 grams.
Prescription medication, including medical marijuana, must be labeled as such and remain in the possession of the person for whom it was prescribed.
Daemen University Sanctions
Members of the University community who violate these policies will be subject to discipline via the Student Code of Conduct. Taking into account the circumstances of each case, sanctions for students may range from warnings to expulsion from the University, and sanctions for faculty and staff members may range from warnings to termination. At the discretion of the University, as an alternative to, or in addition to any disciplinary action taken, students or employees may be required to participate in and to satisfactorily complete an appropriate counseling or rehabilitation program. Records of such discipline may be maintained in a student’s record or an employee’s personnel file. Enforcement of these sanctions will be through the University’s existing disciplinary procedures for students, faculty, and staff, as appropriate. The University reserves the right to require that a student participate in random drug testing, at their own expense, as part of a sanction for being found responsible for a violation of this drug policy and/or if there is reasonable evidence to suggest illegal drug use/abuse.
Abusing drugs and/or alcohol can, among other things, be expensive, cause dependency, make you sick, lower your job performance, put you in prison, and even cost you your life.
Alcohol use will dull your senses, impair coordination, cause you to slur your speech, trigger mood changes, and depress brain functions. It may also lead to stomach irritation, irreversible brain damage, damage to liver, heart, and pancreas, and, for pregnant women, physical harm to your unborn baby.
Drug use may increase your heart rate and blood pressure; cause tremors and convulsions; produce heart, liver, and kidney damage; cause personality changes, confusion, and depression; lead to paranoia and hallucinations; and lower your resistance to disease—including STIs.
Purpose of Policy
To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen University Community members feel safe, valued, and respected.
This policy’s virtual location is https://www.daemen.edu/student-life/student-affairs/student-handbook/section-5-general-university-policies