Payroll

The Business Office is responsible for the procedure for picking up checks, etc. A request for the mailing of checks must be addressed to the Business Office in writing prior to the specific payday. It is the employee's responsibility to verify the paycheck stub. Any questions or errors should be reported immediately.

Purchasing

Information on purchasing procedures and appropriate forms are available from Department offices. Current purchasing practices are set forth by the Administration to reflect current University policies.

Faculty Travel

Travel funds are allocated by the Dean after receiving recommendations from Department Chairs. Faculty should obtain travel request forms from department offices and should submit requests to department chairs for approval and forwarding to the dean as soon as travel is contemplated. Approval of requests should be obtained before financial commitments are made, and will generally be based on available funds and on the following criteria.

Primary Purposes of Travel

A.	Travel to fulfill part of a specific college assignment (e.g., attendance at SUNY System Administration committee meetings).
B.	When actively participating in a program of a clinical or academic meeting or conference. Evidence of participation (program or other documentation) must accompany request for funds.
C.	Attendance by a graduate student or resident at a meeting or conference for the educational experience. Such travel requests must be approved by the program administrator.

Secondary Purposes of Travel

Travel requests may also be granted where a denial might significantly interfere with the faculty member's ability to perform those functions required by or approved by the College. These might include engaging in new areas of research or teaching in developing areas of the professional (academic or clinical) or graduate programs.

Travel Allowances and Reimbursement

Allowances must conform with current regulations of the University and the State Comptroller. Reimbursement policies are made available to Department offices by the Business Office and include specific regulations and reimbursement rates. These rates change from time to time and should be consulted before submitting travel requests or vouchers for reimbursement.

In general, travelers may be reimbursed for necessary expenses at the most economical rates available for the most economical mode of transportation. Per diem rates for lodging and meals are established for all localities and should be consulted before requesting funds. Where per diem rates are not available for a particular destination or where costs will exceed allowances, the Business Office should be consulted prior to making travel arrangements. Where lodging allowances must be exceeded, faculty should attempt room-sharing arrangements to reduce individual costs.

Travel vouchers should be submitted on a timely basis upon completion of travel. All receipts should accompany the completed travel voucher when submitted to the Business Office. A supervisor's signature is required before submission. The supervisor's signature is merely an indication that the trip was on official state business and that the expenses will be charged to funds under the supervisor's responsibility. It does not, however, guarantee reimbursement to the extent listed on the travel voucher.

All out-of-state travel requires prior written approval of the President.

Travel expenses are reimbursable at rates established by the Rules and Regulations of the Office of the State Controller for actual and necessary expenses incurred while in travel status in the performance of official college duties.

Research Grants

All federally funded research grants are administered according to the guidelines provided by that federal agency. Privately sponsored research funds and funds from non-Federal government agencies are administered under the guidelines provided by the sponsor or by Federal government regulations should the sponsor fail to provide guidelines. In all cases, funds are managed by the Research Foundation of SUNY.

The Research Foundation of State University of New York is a non-profit corporation closely associated with the State University of New York. All gift, grant, and contract funds supporting sponsored research and related programs carried out by faculty members of the College and other State operated units of the University are administered by the Foundation. The Research Foundation does not receive or administer research funds originating as appropriations of the New York State legislature. The Research Foundation serves to facilitate the obtaining and administration of grants for research from foundations, government, and industry. Through this mechanism, the Research Foundation administers various short and long term research projects that would be difficult to administer through other State channels. In addition, the Research Foundation conducts a modest program of support to promote research in various units of State University.

Institutional Policy for Salary Offset

1. All faculty assigned to state service and supported by state salaries are required to include a request for salary and fringe benefit offset in all externally funded research grant applications. The amount of salary offset, determined in consultation with the Associate Dean, should appropriately cover that portion of the effort committed to the research project. However, any researcher may make a written request with justification to the Associate Dean to modify the salary offset requirement. Justification may be based upon, but is not limited to, such factors as granting agency requirements, absolute amount of grant funds requested, faculty salary support for summer research activities, support of graduate research assistants, post-doctoral research assistant appointments, etc.
   
   
2. Salary offset dollars, intended to pay for research time, shall be utilized in the following way:

   A. Generally, 50% of the salary and fringe benefit offset shall be retained by the College to replace the time and effort of the researcher. The Associate Dean may require a higher percentage in cases where the researcher has no assigned research time.

   B. The remaining proportion of the salary offset shall be divided as follows:

   (1) The Business Office will receive 5.93% of that amount to administer the account.

   (2) One half of the remaining funds would be accessible to the researcher to further support current and future research projects. The Associate Dean would sign all requisition requests made by the researcher.

   (3) The remainder of the salary offset would be placed in an account to be used by the Associate Dean. Written requests from all faculty for research funding from that account may be submitted to the Associate Dean.

3. Funds shall be disbursed in a timely manner and not be used to create a surplus that crosses fiscal years.
   
   

Research Involving Human Subjects

All research or testing involving human subjects at the State College of Optometry must be approved by the Institutional Review Board (IRB). The Committee should be contacted directly to provide clarification on those regulations dealing with the protection of the rights and welfare of human subjects. The guidelines and areas of concern relate to the protection of rights of privacy, the need for informed consent, protection of confidentiality of data, and protection against physical, psychological, sociological or legal risks.

Application forms for research involving human subjects may be obtained from the Chairperson of the IRB or from the Office of the Associate Dean for Graduate Studies and Research.

Research Involving Animals

All research or testing involving animals at the State College of Optometry must be approved by the Institutional Animal Care and Use Committee (IACUC). The Committee should be contacted directly to provide clarification on those regulations dealing with the protection of the rights and welfare of animals. The guidelines and areas of concern relate to the humane use of animals for research, using the appropriate number and species of animals, and other methods to protect animals.

Application forms for research involving animals may be obtained from the Chairperson of the IACUC or from the Office of the Associate Dean for Graduate Programs and Research.

Meeting Rooms

There are small conference rooms available for meetings, seminars, etc. Arrangements for the use of these rooms may be made through the administrator of the floor.

Public Safety

It is the function of the University Police Department to provide security and ensure public safety on the college premises. To accomplish this end, policies and procedures have been developed under the aegis of the Office of Finance and Administration and in conjunction with the Offices of University Police, Student Affairs, President, and Campus Safety Advisory Committee. Matters covered in these policies and procedures include:

1. Access Control
   Identification: SUNY card, temporary tags
   Passes: Visitors' passes, Speciality clinic passes, Vendor passes
   
2. Property Control
   Equipment Removal Protocol
   Personal Property Procedure
   
3. Health Related Emergencies
   
4. Fire Safety Procedures
   
5. Incident reporting for Risk Management and Unusual Occurrences
   
6. Request for defense and indemnification under Public Officers Law S17, 19
   
7. Sex Crimes and Offenses Protocol
   
8. Hate or Bias related crime awareness

I. Procedure on Crimes or Incidents Reporting

All members of the College Community are urged to report all on-campus criminal incidents, emergencies, and suspicious activities to the University Police Department. Any student or employee who wants to report an emergency, or a suspicious activity, or a crime should do the following:

a. Dial extension 5555 for all emergencies; be prepared to give your name, type of emergency and location. A University Police Officer will respond immediately, start an investigation, and act upon the said emergency. Once the emergency has been stabilized, the Officer will take a statement from the student or employee for a “Service and Regulatory Report”. This report will then be kept on file.

b. To report a crime, notify an Officer at the University Police desk located in the first floor, or call ext.5555 or ext. 5566. If the crime is in progress, the student or employee can call ext. 5555from any campus phone. The person reporting the crime should be prepared to give their name, the nature of the crime, and the exact location. A University Police Officer will immediately respond, and if appropriate, apprehend the perpetrator by making an arrest if a crime has been committed. A “Crime Incident Report” will be filed for all criminal offenses. In some instances and depending on the severity of the crime, the New York City Police Midtown Precinct South, located at 357 West 35th Street, will be called for assistance. A copy of the “Crime Incident Report” will be provided to the following individuals and departments:

1.  College President
2.  Vice President of Student Affairs
3.SUNY Central Department of University Police and Public Safety
4.In-house University Police File

c. Members of the College Community while encouraged to report criminal incidents to the University Police Department may also, on voluntary and confidential basis, report criminal incidents to the following Offices:

Dean/VP Academic Affairs: ext. 5658
VP Student Affairs             : ext. 5500 

       Reports made to the above Offices are filed with University Police for information purposes only and are not investigated, but are included in the College Crime Statistics.

There are two entrances into the college, both entrances are manned by University Police Personnel. All students, faculty and staff are issued identification cards, which they show to the Desk Officer when entering the building, and wear conspicuously while inside the building. Visitors are checked against a daily-expected guest list and once the Desk Officer clears them, visitors are issued a temporary pass affixed on their outer garment. Patient’s access is limited to clinical floors and the color-coded passes issued to them differentiate their limited access within the building.

III. SUNY University Police Officer Status and Responsibilities:

SUNY University Police Officers are responsible for enforcing the applicable City, State, and Federal laws as well as SUNY Policies and College regulations. In order to do so, the University Police Officers have full Police Officer status and have undergone required training through standards established by the State of New York Municipal Police Training Council and State University of New York. Officers have been trained in emergency resuscitation procedure as first responders and they undergo continuous refresher training to upgrade their skills.

If a crime is committed on campus and an arrest is made, a University Police Officer with assistance from N.Y.C.P.D. will take the arrested perpetrator to the N.Y.C.P.D. Midtown South Precinct to be fingerprinted.  A “Crime Incident Report” will be completed at the College and forwarded to the appropriate SUNY authorities. 

Offices of Student Affairs, Personnel, and University Police (via student handbooks, Right-to-Know Programs, employee orientations, etc.) provide information to students and employees on how to handle and report crimes.

IV. Sensitive and/or Personal Crimes:

There is an annual program provided by University Police Department to incoming students on prevention of crimes, availability and importance of support services, and assistance to victims of sexual assault or other personal crimes. Please note the section in the Student Handbook, which describes our policy on personal safety {Pages 13-14}.

University Police will provide assistance to any affected college community member and escort the individual to the Midtown Precinct South in case of a serious crime.

V.    Crime Prevention Activities for Students and Employees:

Members of the college community are reminded to secure their valuables and to be aware of their surroundings at all times.  University Police have various programs to assist in this endeavor.

a.   University Police conduct yearly “Safety On Campus” seminar during incoming Student orientation that features topics in Personal Safety Awareness, Sexual Assault Protocol and Awareness, Bias Crimes Awareness, Emergency Evacuation, and Fire Safety Procedures.   

b.   University Police produces information brochures on various topics: Operation ID- anti-theft program, Alcohol and Drug Awareness, Safety Off-Campus, and Sexual Assault Awareness, these brochures are displayed and distributed to the college community.

 c.   University Police Department maintains and monitors a network of closed circuit camera and intrusion alarm system throughout the college. This is monitored 24 hours a day by University Police Personnel.

VI.Campus Crime Statistics

The crime and referral statistics gathered for this report was based on information obtained from the following offices: University Police, Student Affairs, and Academic Affairs. Information regarding crimes on adjacent streets and roadways (Public Property) was requested from City of New York Police Department, but NYPD cannot provide a statistical breakdown of crimes and arrests for our location appropriate for Clery Act reporting.

Crime statistics are available on the College website using the link http://www.sunyopt.edu/about/poli.shtml as well as U.S. Dept. of Education, using the web link http://www.ope.ed.gov/security.

Crime Categories listed follows requirements of the Code of Federal Regulations 34CFR Sec.688.46 and pursuant to 20US Code Sec.1092 (f), the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.”

 CRIMINAL OFFENSES: ON CAMPUS

HATE OFFENSES: ON CAMPUS

Hate crimes of above crime category or other crimes involving injury or prejudice based on categories below  

ARRESTS OR DISCIPLINARY ACTIONS: ON CAMPUS

Statistics (Head Count Only): For Arrests or Referrals for Disciplinary Action

CRIMINAL OFFENSES: OFF CAMPUS

The College of Optometry does not have or operate any off campus facilities owned and or controlled by the College or any student organization. As of the compilation date of this report, crime statistics on public property adjacent to the College is not available from the NYC Police Department.  

VII. Relationship with Local Police Department

Criminal activities at off campus localities are reported to the New York City Police Department. The College has on file an executed “Memorandum of Understanding” with the NYC Police Department regarding mutual assistance and cooperation with investigation and enforcement of laws.  There are no outside student organizations facilities recognized by The State College of Optometry.

The college also has on file an executed “Memorandum of Understanding” with the Fire Department of New York City and has made the College’s Integrated Contingency Plan available to F.D.N.Y. headquarters.

VIII. Timely Warning Policy

In the event of a major emergency on or off campus, or if there is an event that poses a threat to the college community, University Police will prepare a “College Alert Bulletin” and distribute as follows:

• College News
• College Email Alerts Service
• Posting on College events and activities Posting Board
• Main Entrances

A crime log, maintained by the University Police Department, highlighting incidents and crimes that occur on campus, is available for public view during business hours at the University Police main desk at 42nd Street entrance.

IX.Investigation of Violent Felony Offenses

Violent Felony Offenses are offenses defined in subdivision one of Section 70.02 of the New York State Penal Law. These offenses include, but are not limited to, various degrees and classes of: murder, manslaughter, kidnapping, rape, sodomy, aggravated sexual abuse, burglary, assault, robbery, arson, criminal possession of a dangerous weapon, etc.

Members of the SUNY Optometry community are urged to immediately report all suspected or actual violent felony incidents occurring on campus to the University Police Department by dialing extension 5555 from any college telephone.

The University Police Department will immediately notify and involve the New York City Police Department with the investigation of violent crimes and reports of missing persons. 

X. College Policy Statements on Drug and Alcohol Abuse for Students:

a. The State University of New York, State College of Optometry is committed to the development and maintenance of a drug-free environment. In accordance with the Drug Free Workplace Act of 1998 and the Drug-Free Schools and Communities Act Amendments of 1989, the College will not tolerate the abuse of alcohol, the unlawful possession, distribution, and use of controlled substances and alcohol on College premises.

b. It is the position of the State College of Optometry that the abuse of alcohol and or the illegal possession or use of other illicit drugs adversely affects the College community’s pursuit of its educational and patient care goals. Furthermore, as a state supported institution, it is the responsibility of the College and its University Police Department to uphold both the State and Federal Laws in this regard.

c. Smoking Policy - Clean Indoor Air Act; The College prohibits smoking throughout its entire facility.

Please refer to Appendix A, B at the end of this section for further information.

XI.      Sexual Assault Protocol and Prevention

a. New York State statutes define sexual assault in various degrees. Sexual assault, of any kind, is a crime.

Sexual assault is any actual or attempted nonconsensual sexual activity, including but not limited to, forcible anal or oral sex, attempted intercourse, sexual touching, exhibitionism by a person(s) known or unknown to the victim.

Rape is the act of sexual intercourse with a person against ones will and consent, whether their will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent, or when they are unconscious, intoxicated or otherwise physically unable to communicate willingness. Be aware that having sex with someone who is unable to give consent by being mentally incapacitated or unconscious (passes out) is rape.

b. Applicable Laws:

NYS Penal Law contains the following legal provisions defining the crimes related to sexual assault:

Section 130.20 – Sexual Misconduct: This offense includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

Section 130.25/.30/.35 – Rape: This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes sexual intercourse with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Section 130.40/.45/.50 – Criminal Sexual Act: This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion, or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Section 130.52 – Forcible Touching: This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.

Section 130.55/.60/.65 – Sexual Abuse: This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

Section 130.65-a/.66/.67/.70 – Aggravated Sexual Abuse: This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis, or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

c. Victims; to initiate a formal complaint or file a report:

If you are a victim of a rape or sexual assault, it is recommended that you seek medical attention immediately. If you are sexually or otherwise assaulted on campus, call University Police at ext. 5555.If the assault occurs off campus, call your local police department at 911.

 It is also suggested that you do not:

• Bathe or douche;
• Change clothing, comb your hair, or brush your teeth;
• Disturb the area in which the crime occurred.

These actions destroy physical evidence that may necessary to apprehend or convict the attacker.

d. Why you should contact University Police or 911:

• To officially report the assault: you may decide days or weeks later to press charges. By reporting the assault immediately and preserving evidence, you will have the foundation for future prosecution.
• Reporting the assault does not mean you must prosecute, but the report may help authorities identify the offender and prevent the victimization of other people.
• Reporting the offense to the University Police or other Police agencies does not obligate you to press charges and your name will not be released to the news media.

Remember, sexual assault is a crime committed against you, not by you. Do not blame yourself, Sexual assault is a traumatic experience, and it is recommended that victims seek counseling. Counseling services are available through the office of Social Services at ext. 4039 and Student Affairs at ext. 5500.

 e. Some Prevention Tips:

• Let others know where you are going and when you expect to return.
• Walk with confidence and alertness. Assailants are less likely to target a person who appears assertive and difficult to intimidate.
• Report suspicious persons immediately to University Police.

Acquaintance Rape

Women – alternatives to vulnerability

• More than 60% of all reported rape occurs between acquaintances, and 4 in 10 rapes occur in the home. Have first dates in public places and in groups.
• Communicate your sexual limits clearly. Don’t give mixed messages.
• Remember that leaving a party or other social event with someone you have just met can be dangerous.

 Men – alternatives to coercion:

• Never force, pressure, or coerce anyone to have sex
• Don’t take silence as consent
• Respect the word “NO”
• Don’t have sex with anyone who is drunk. Be aware that having intercourse with someone who is unable to give consent or is physically helpless is rape.

Most acquaintance rape involves alcohol or drugs. Both men and women should avoid drugs and excessive alcohol in a dating situation. Don’t allow your judgment to become impaired.

 f. University Police Sexual Assault Response Policy

Sexual assaults, including date/acquaintance rape, are of very serious concern to the University Police Department. If you feel you are the victim of a sexual assault on campus, your University Police Department will do the following:

1. We will meet with you privately, at a place of your choice to take a report.
2. We will not release your name to the public or to the press.
3. We will treat you and your particular case with courtesy, sensitivity, dignity, understanding, and professionalism.
4. We will assist you in arranging for any hospital treatment or other medical care.
5. We will assist you in privately contacting counseling, and other available resources.
6. We will fully investigate your case. This may lead to the arrest and full prosecution of a suspect. You will be kept up-to-date on the progress of the investigation and/or prosecution.
7. We will continue to be available to you, to answer your questions, to explain the judicial system and processes involved (prosecutor, courts, etc.
8. We will take your case seriously regardless of your gender.

If you believe you are a sexual assault victim, call your University Police Department at ext. 5555. All calls will be kept strictly confidential.

 g. Procedure for Disciplinary Action:

In the cases of alleged sexual assault, procedures are in place for on-campus disciplinary action against the offender. The offender may also be subjected to criminal prosecution according to the NY State Penal law statute.

Where there is probable cause to believe the college’s regulations prohibiting sexual misconduct have been violated, the college will pursue strong disciplinary action through its own channels. This discipline includes the possibility of suspension or dismissal from the college. An individual charged with sexual misconduct will be subject to college disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending.

In on-campus disciplinary proceedings, the accuser and the accused are entitled to the same opportunities to have outcomes of the institutional disciplinary proceedings. The victim’s right as described in state criminal codes will be respected and adhered to. The rights of the accused are as described under the rules governing the hearings of the college “Committee on Ethics and Professionalism.”

h. Registered Sex Offenders:

The New York State Division of Criminal Justice Services will notify the University Police Department if and when a registered sex offender enrolls at or becomes employed by State College Optometry. Any member of the college community interested in obtaining this information should inquire at the University Police Information desk. Anyone can access and review the Division of Criminal Justice Services’ Sex Offender Registry Subdirectory at, http://criminaljustice.state.ny.us/nsor/index.htm to check if a sex offender resides in his or her local area.

XII. Bias Crime Awareness

       Hate Crimes and the Law:

Hate crimes, also called bias crimes or bias-related crimes, are criminal activities motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 (Public Law 102-275 April 23, 1990) and the New York State Hate Crimes Act of 2000 (Penal Law Article 485).  Copies of this New York State law may be requested from the University Police Department main desk in the 42nd street lobby. 

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender.  Perpetrators who are students will also be subject to campus disciplinary procedures according to the “Policy on Ethical and Professional Student Conduct” where sanctions including dismissal are possible. 

Hate or Bias-Related Incidents:

In addition to preventing and prosecuting hate or bias crimes, SUNY Optometry Police will also assist in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group within the College of Optometry community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University’s Discrimination Complaint Procedure or the campus conduct code.  Hate incidents involve behaviors that, though motivated by bias against a victim’s race, religion, ethnic/national origin, gender, age, disability, or sexual orientation, are not criminal acts. Hostile or hateful speech, or other disrespectful/discriminatory behavior may be motivated by bias but is not illegal. They become crimes only when they directly incite perpetrators to commit violence against persons or property, or if they place a potential victim in reasonable fear of physical injury.

Bias incidents can be reported to the University Police Department, or to the Office of the Director of Personnel and Affirmative Action on the 9th floor, or to the Office of Student Affairs on the 11th floor. The University Police Department will thoroughly investigate and document any evidence in all bias-related incidents.

Procedures to Initiate a Formal Complaint:

If you are a victim of, or witness to, a hate/bias crime on campus, report it to University Police by calling extension 5555 in an emergency, or go directly to the University Police main desk in the 42nd street lobby. A University Police Officer will investigate complaints received and follow the appropriate adjudication procedures. 

Services and Resources:

Victims of bias crime or bias incidents can avail themselves of counseling and support services when referred from the campus. Information can be received from the Office of Students Affairs on the 11th floor at extension 5500 and the Office of Social Services on the 10th floor at extension 4039.

For general information on SUNY College of Optometry security procedures, please view the annual Campus Safety and Security Awareness Report on the college website at http://www.sunyopt.edu/about/poli.shtml and the Personal Safety Committee Report at http://www.sunyopt.edu/about/hb/general.html. In addition, security procedures and policies are available in the Student Handbook pages 22 – 27. The college’s crime data can be viewed by the general public on the US Department of Education’s website at http://ope.ed.gov/security. 

For more information on college security procedures and bias crimes, including up-to-date statistics on campus crimes, please call Mr. Dapo Adurogbola, Assistant Chief of University Police, at extension 5578.

 Appendix A

I. Policy

The State University of New York, State College of Optometry is committed to the development and maintenance of a drug free environment. In accordance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, the college will not tolerate the abuse of alcohol, the unlawful possession, distribution and use of controlled substances and alcohol on college premises.

It is the position of the SUNY State College of Optometry that the abuse of alcohol and/or the illegal possession or use of other drugs adversely affects the College community's pursuit of its educational and patient care goals. Furthermore, as a state operated institution, it is the responsibility of the College to uphold both state and federal laws.

II. Guidelines and Procedures

Compliance

Compliance with the College Policy on Drug and Alcohol Abuse shall be a condition of attendance at SUNY College of Optometry.

Violations

Any person convicted of any criminal drug statute violation occurring in or on the property owned or controlled by SUNY State College of Optometry is required to give a signed, written notice of the conviction to the University's Director of Public Safety within five (5) calendar days following the conviction.

Any person who violates the policy may be subject to disciplinary action in accordance with the college code of conduct. Possible disciplinary action includes probation or dismissal from the college. Further, violators may be required as a condition of continued attendance SUNY State College of Optometry to participate in an approved drug or alcohol rehabilitation program.

FEDERAL LAW

SUNY State College of Optometry shall notify the appropriate federal agency, if applicable, within ten (10) days of notice of a student/employee conviction. In addition to College sanctions, violators may be subject to criminal prosecution under federal and state laws which specify fines or imprisonment for conviction of drug related offenses. Where appropriate or necessary, the College will cooperate fully with law enforcement agencies.

Articles 220 and 221 set criminal penalties for possession or sale of drugs considered harmful or subject to abuse. The seriousness of the offense and penalty imposed upon conviction depend upon the individual drug and amount held or sold. The appendix A. outlined specific legal sanctions of penalties was derived from those statues.

Marijuana is placed in Article 221 and is separately dealt with in the Penal Law, as a result of the Marijuana Reform Act of 1977.

Section 220.44--makes a sale of a controlled substance in or near school ground, to a person less than 19 years of age, a Class B felony.
Section 220.45--makes criminal possession of a hypodermic instrument a Class A misdemeanor.
Section 220.46--makes criminal injection of another person with a narcotic drug--with consent of that person, a Class E felony.
Section 220.50--bans possession or sale of drug paraphernalia; deals with things that dilute drugs, like dextrose or mannite; and gelatin capsules, plastic envelopes, etc., considered commercial preparation materials (Class E felony).
Section 220.60--makes criminal possession of certain "precursors" of controlled substances used in their preparation or manufacture, but not the drugs themselves, a Class E felony (for example, ergot, or diethylamide).

It is important to be aware that under the Penal Law, a gift of drugs, including marijuana, is treated as a sale.

Federal penalties and sanctions for the illegal possession of a controlled substance is detailed in the Controlled Substance Act (21 U.S.C. 811, 844, 853) as summarized in Appendix B. For the first conviction imprisonment may be imposed up to a year and fines at least $1,000. There are special sentencing provisions for the possession of crack cocaine: mandatory at least 5 years in prison and fines up to $250,000.

STATE LAW

New York Penal Law: defines a misdemeanor as a crime punishable by imprisonment for more than 15 days but not more than one year. A felony is a crime punishable by imprisonment for more than one year.

The amendments to section 65-b and 65-c of the Alcoholic Beverage Control Law (Chapters 225, 586 and 592 of the Laws of 1989) provide:

Effective January 1,1990, persons under the age of 21 are prohibited from possessing any alcoholic beverage with the intent to consume the beverage. Exceptions are provided for the consumption in an institutional setting and in cases where the alcoholic beverage is provided by a parent or guardian.

Violators are subject to a fine of up to $50 per offense, but are not subject to arrest. Alcoholic beverages involved in the alleged violations of this law may be seized by authorized law enforcement officials including campus public safety officers. Disposal and destruction of the seized alcoholic beverages are also authorized but cannot be carried out until three days after the initial appearance date, unless otherwise ordered by a court.

Effective November 1,1989, persons under the age of 21 who present falsified or fraudulently altered proofs of age for the purpose of purchasing or attempting to purchase alcoholic beverages are guilty of a violation, punishable by a fine of up to $100.00 and a community service requirement of up to 30 hours.

Effective October 19, 1989, a person under the age of 21 who presents an altered New York State drivers license for the purpose of illegally purchasing an alcoholic beverage may be subject to a suspension of that driver's license for up to 90 days and may also be required to apply to the Department of Motor Vehicles for a restricted use driver's license following the suspension.

Health Risks

The health risks associated with the abuse of alcohol or engaging in the use of controlled substances are serious. Appendix B. contains a chart which outlines the effect of the use of specific controlled substances.

Alcohol consumption causes a number of marked changes in behavior. 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. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive act, including spouse and child abuse. 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. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

The college, because of the health risks, legal implications to the student, and disruption to learning and performance is committed to offering programming to respond to students with drug or alcohol problems, and to alcohol and drug abuse prevention.

SUNY State College of Optometry, as a part of its commitment to preventive programming, will offer information programming on the effects of drug and alcohol and the danger signals associated with abuse. Further, the college will provide through the Director of Special Student Programs referral counseling to those in need of assistance, including information on support programs available and accessible to the College. A network of services is also available through the New York State Division of Substance Abuse Services. Persons concerned about substance abuse can seek confidential assistance for their selves, family or friends by calling 1-800-522-5353.

The service, and consumption of alcoholic beverages at SUNY is governed by the New York State Alcohol Beverage Control law and other laws of the State of New York. Based on such laws, campus policy is as follows:

The foregoing policy is applicable to all events at which alcoholic beverages are served at SUNY. In addition, specific policies, procedures, and regulations governing particular facilities or populations will be developed by the persons or offices authorized to do so, in conjunction with the office of student affairs or personnel.

The entire College facility is a smoke-free facility.