STATE UNIVERSITY OF NEW YORK --  STATE COLLEGE OF OPTOMETRY
FACULTY HANDBOOK
--
GENERAL INFORMATION

(Last Updated: 7/20/2009)

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.

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.

The following sections on the institutional policies for Research Salary Offsets, Facilities and Administrative Funds, and Bridge Funding were approved by the President, the VP and Dean for Academic Affairs, and the Research Council on July 15, 2009. To allow accurate budget planning, the policy will become fully active for fiscal year 2010-11 and will be reviewed after two years.

Research Salary Offsets
All graduate faculty are expected to develop research programs. A minimum of 20% of their research effort during the academic year will be funded by the College. Faculty will not be required to fund more than 30% of their base salary from their grants. The percentage of their work assignment devoted to research, teaching, clinic and service will be determined by annual negotiation with their Department Chair and Dean for Academic Affairs and will depend on success in obtaining research grants.

Facilities and Administrative Funds
Faculty holding grants (as the Principle Investigator) that generate F&A for more than two years shall receive for discretionary use, funds equaling 5% of the annual indirect funds from that grant and made available to the institution after the Research Foundation assessment. These funds will be distributed at the end of the fiscal year and may be carried over from year to year. With the approval of the Dean for Academic Affairs, faculty paying more than 30% salary offset from grants may receive additional discretionary funds equal to up to 50% of the F&A generated by the additional salary offset for the PI.

Policy for Bridge Funding
Faculty (PI) with a history of at least 3 years of continuous prior research grants that generate F&A will be eligible for bridge funding during unfunded periods. An "unfunded period" begins when a research program has no remaining source of extramural funds. Bridging funds are designed to maintain existing research programs for the development of new grant applications for further funding. Accessing bridging funds is contingent upon at least one grant application each year. If funding has not been procured after two years, bridging funds may be discontinued and faculty work assignments may be renegotiated with the Department Chair and the Dean for Academic Affairs.

Elements of Bridge Funds:

(1) The college will maintain an investigator's percent effort on research at prior grant levels for a period typically not to exceed two years.
(2) Essential laboratory personnel, as determined by the PI and Dean for Academic Affairs, will be supported in order to maintain productivity for a period not to exceed two years.
(3) Laboratory consumables necessary to maintain productivity and development of pilot data for grant applications will be maintained during the bridge funding period.
(4) New instrumentation and capital equipment will not be purchased using bridge funds.

The amount of bridge funding will be determined by negotiation with the Dean for Academic Affairs and will supplement any remaining discretionary funds. The amount of bridge funding shall take into account the amount and duration of past grant activity and the size of the research program being supported.

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

I. University Police Department (UPD)

The mission of the University Police Department at SUNY College of Optometry is to provide a safe working environment to the college community that is conducive to educational pursuits.

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 Administration and Finance and in conjunction with the Offices of University Police, Student Affairs, President, and Campus Safety Advisory Committee.

Typical services provided by UPD are to:
1. respond to crimes on campus
2. respond to emergencies on campus and coordinate the response to those emergencies as first responders
3. conduct crime prevention trainings and talks
4. respond to service requests; escorts, lockouts etc
5. enforce access control procedures; ID checks, intruder deterrence etc

Building hours:
The building is opened Mondays through Saturdays, and library is open on Sundays to students during regular college calendar.

Monday to Fridays - building is open from 7am - 10pm
Saturdays - building is open from 8am - 5pm

Building is closed on all NYS observed holidays.

On Sundays, the Library is open to students from 10am - 6pm (closed during summer months)

A. Crime Prevention & Safety Programs:

University Police Officers have full law enforcement power on campus. Police Officers have the authority to enforce all applicable laws and regulations and may arrest violators within their jurisdiction. All Police Officers must complete a Basic Course for Police Officer recruits through a NYS accredited police academy. Where recruits receive training in such topics as: Criminal Procedure Law, Penal Law, Investigation procedures, Crime Prevention, Community relations, Firearms training, Interview and Interrogation techniques, Emergency Medical Services, Communications, and other police functions.

To Report an Incident:
Employees are encouraged to report any incident of unusual nature to the University Police Department at extension 5566.

Emergencies or crimes in progress must be reported to University Police using extension 5555 or in person at the 42nd or 43rd street UPD desk. Please be clam and give clear description of person's involved, type of incident, condition of victim or perpetrator, and any pertinent information UPD may need.

ID card Policy
The College Security Policy requires that all Faculty, Staff, and Students present their SUNY Optometry ID cards when they enter the building and to wear their ID cards conspicuously on their outermost garment at all times while in the building.

If you loose your SUNY ID card you will need a replacement ID card. To get a replacement you must pay a $5.00 fee at the 9th floor Bursar's office, and then take your receipt to the 3rd floor Media center to get a replacement ID card.

Lost & Found
University Police Desk at 42nd street entrance maintains a central repository of lost and found items for the college. Kindly report anything that you find or lost in the building to University Police at ext 5566.

Items in our lost and found that is not claimed within 60 days are disbursed according to departmental policy.

Property Control Procedure
All employees taking out state property must have a Property Removal Authorization Form filled out by their department head and the property control manager in room 937.

Employee bringing in personal property into the building must register their property at the University Police desk by filling out a Personal Property Control Form upon entry with the property.

Operation ID - engraver
University Police Department has engravers available, at the 43rd street desk, to employees that need to put an identifying mark on their personal property. Employee may pick up an Operation ID flyer at this time to document their property's unique identifying numbers and description.

Panic Alarms
As part of our crime prevention program and critical incident management, UPD has installed panic alarms buttons in all our public access reception areas, so that employees can silently notify UPD of potential or ongoing problems. Please contact your clinic manager or University Police for further information about this and on when these devices may be used.

Panic alarms have also been installed in the restrooms on the clinic floors in the event a patient or an employee is in distress in the restroom.

SUNY Lifesaver Program
University Police is interested in employees willing to volunteer to be trained in the life saving skills of CPR and the use of Automated External Defibrillators (AED). Trainees will receive a CPR certification which is valid for a period of 2 years and will become members of the College's Lifesaver Volunteer Team that may respond to provide assistance to victims of sudden cardiac arrest within the building, upon completion of their course of training.

Crime Report/Log
Federal and State legislation require that UPD prepare an annual crime awareness and safety report and make this report available publicly to members of the college community. The College's Annual Security Report is available on the college website at http://www.sunyopt.edu/offices/university_police/crime_report, printed copies may be requested from the office of the Assistant Chief of Police, room 3M12 or extension 5578.

University Police also maintains a log of all crimes that occur on college premises at the 42nd street desk. This crime log is a public document available for viewing by anyone during business hours by asking the University Police Desk Officer at the 42nd street entrance.

B. EMERGENCY RESPONSE PLAN

The Emergency Response Plan (ERP) for the college is a comprehensive all hazards emergency management plan designed to provide procedures to be followed in the event of emergencies affecting college and UOC operations. The plan covers a broad range of emergency situations like: Fires, Bomb Threats, Terrorism, Violent Critical Incidents, Utility failures, and Emergency Notification/Communication.

Fires
The building has an integrated fire alarm detection and notification system capable of detecting fires and smoke condition and initiating alert signals to the building occupants.

In the event of fire alarm activation, employees should follow the instructions of their floor Fire Wardens and any announcement from the Fire Command Station through the public address system.

There are several fire detecting and fighting devices located throughout the building, such as: smoke detectors, sprinkler heads devices, strobe lights, heat sensors, pull stations, fire extinguishers, stand pipe etc. Employees can obtain emergency information cards from the University Police Desk.

Evacuations
In the event of an emergency requiring evacuation from the building, the evacuation gathering areas are:

  • Primary location - Grace Plaza at the corner of 43rd street and 6th avenue
  • Secondary location - Rockefeller Plaza on 6th avenue between 48th and 50th street
  • Tertiary location - Levin Institute on 116 East 55th street between Park Avenue and Lexington Avenue.

Should their be any patient or visitor with physical disability who will not be able to use the staircase unaided during an evacuation, assigned floor evacuation personnel should relocate such individual(s) into the Handicap Holding Room and inform the Fire Command Station or UPD of the location of such person(s) needing assistance. UPD will respond to assist with the evacuation out of the building safely.

Bomb Threats
Often times there are telephone notifications to convey the threat of an explosive device in a building. Should any member of the college community receive such threat, they should follow the steps below:

  • Keep the caller talking on the phone as long as possible to be able to obtain answers to 5 critical questions:
    • When will the bomb explode?
    • Where is the bomb located?
    • What kind of bomb is it?
    • What does it look it?
    • Why did you place the bomb?
  • Immediately after the caller hangs up the phone, they are to initiate a call trace by dialing 9*57, to place a trace on the call.
  • If you are in the area identified as being the floor where the bomb is presumed to be located, DO NOT USE YOUR CELL PHONE OR PAGERS.
  • Notify UPD at extension 5555, using the landline
  • Notify your supervisor
  • Follow directives issued by UPD in response to the threat

Terrorism
The threat of terrorism and terrorism related incidents are realities in today's world. As such our emergency response plan covers threats of chemical explosives, radioactive threats, and the concept of sheltering-in-place.

Whenever the environment outside the college is contaminated and emergency alerts are advising occupants of our neighborhood to Shelter-in-Place, the following actions will be taken;

  • There will be 2 gongs set off on the fire alarm system, followed by instruction to relocate to the designated areas of the floor you are on.
  • For Bio-chemical threats; occupants of the building will be relocated above the ground level to the 4th and 3M floors.
  • For radiological or dirty bomb threats; occupants will be relocated below the ground level to the sub basement, using the C exit staircase.
  • Facilities will shut down the air handling system in the building.
  • University Police will shut down the elevators and secured the entrances into the building
  • Everyone will be sheltered inside the building until an all clear alert is received from local emergency responders to let people back out into the streets.

Violent Critical Incidents
Violent incidents such as Active Shooter incidents, Armed Intruder incidents, Barricaded persons or hostage situations, and violent felony offenses are covered in the college's emergency response plan.

Employees are encouraged to be vigilant and to report suspicious behaviors to University Police Department.
The College policy and procedure on Sexual Harassment, Workplace Violence Prevention, and Domestic Violence Prevention are available in the Personnel Office on the 9th floor.

Employees should be aware of the existence of the social work services on the 10th floor, should they need to consult with the Social Worker about problems they may be dealing with. Another resource available to NYS employees is the Employee Assistance Program (EAP) for referrals.

Utility Failures
Any incident involving loss of utility must be reported to:

  • Facilities Department at extension 5579 or 5944 or 5580
  • University Police Department at ext 5566

Emergency Communication & Timely Warnings/Notification
Notification during any emergency affecting the college will be made using the following outlets:

  • SUNY Emergency Alert System
  • Public Address System
  • College web site, http://www.sunyopt.edu
  • College First Class electronic Mail Service
  • Recorded message on the main college telephone line 212-938-4000
  • Word of mouth/Phone tree/ Posted alert messages

Employees should self register their contact information in the SUNY College of Optometry Emergency Alert System by going online and log in using their First Class user name and password at https://www.suny.edu/sunyalertsec.

The SUNY Emergency Alert Notification System has the capability to send text messages, email messages, recorded voice messages to multiple addresses and phone numbers provided to the system. The system will be activated as one of the means of communicating the nature of the emergency and the required course of action employees should take during any life safety emergency on campus.

Information about college closures or canceling of clinical operations will be posted on the colleges' website, main telephone line 212-938-4000, First Class Electronic mail, and through the SUNY Emergency Alert System if as a result of a life safety emergency condition.

Employees should be attentive and observant to the verbiage of the closure messages. If the College is closed, then the building will be closed and you do not have to come to work. However if the message states that the clinical operations are cancelled or suspended, employees are still required to come to work otherwise employees must follow their department's time and attendance policy to have their absence approved.

SUNY Alert FAQ

II. ENVIRONMENTAL HEALTH & SAFETY (EHS)

The EHS Office is responsible for the overall environmental well being of the college and its occupants. The Office is located in room 3M06A opened Monday through Friday from 9.00am to 5.00pm.The EHS officer can be reached at extension 5581. Some our typical responsibilities are:

  • Respond to complaints of environmental concerns
  • Provide employees with training on safety and hazards in the workplace
  • Provide and or recommend appropriate PPE to employees as needed
  • Conduct inspection of the facility and make recommendations to mitigate problems

Some of the EHS programs include but are not limited to the following:

A. HAZARD COMMUNICATION/RIGHT-TO-KNOW

This program will ensure that the hazards associated with all chemicals and commercial products used by employees are evaluated and that this information is transmitted to the affected employee. In general, each employee at the facility will be trained on the substance of the laws, the hazardous properties of the chemicals with which they work, and the measures needed to protect themselves while working with these chemicals.

The Hazard Communication/Right to Know Program includes provisions for container labeling, material safety data sheet gathering, and employee training.

  • Material Safety Data Sheets (MSDS)

MSDS lists the hazards of chemicals such as physical properties, health effects, special precautions that must be taken when using the chemical such as personal protective equipment and first aid measures. MSDS binders are located in the UPD department by the 43rd street desk and also in the EHS office room 3M06A. MSDS are readily available to all employees upon request.

  • List of Hazardous Chemicals

The EHS Officer will maintain a list of all hazardous chemicals used in the facility and update the list as new chemicals come into the facility.

  • Training

Each employee who works with, or is potentially exposed to, hazardous chemicals will receive initial training on the Hazard Communication/Right-to-Know Law. Training will include the safe use of the hazardous chemicals before initial assignment, annually thereafter, and whenever a new hazard is introduced into their work areas.

B. BLOODBORNE PATHOGENS (BBP)

The Occupational Safety and Health Administration (OSHA) has published the Bloodborne Pathogens Standard, 29 CFR 1910.1030, this standard applies to all persons who regularly participate in the care of patients at University Optometric Center, including (but not limited to) University Optometric Center employees, affiliate employees, students, and volunteers, if their duties involve potential occupational exposure to bloodborne pathogens. The primary objective of this standards is to prevent or minimize occupational exposure to bloodborne pathogens, and provide appropriate evaluation, treatment, and counseling should an employee be involved in an accident when there is a possibility of exposure.

Bloodborne pathogens: Pathogenic microorganisms that are present in human blood and that can infect and cause disease in persons exposed to the blood. These include Hepatitis B virus (HBV), Human Immunodeficiency virus (HIV), and certain other infections.

Universal Precautions are methods of infection control designed to protect health care workers and patients from exposure to infectious agents especially bloodborne pathogens. The concept of Universal Precautions recognizes that medical history and examination alone cannot reliably identify all persons infected with HIV, HBV or other bloodborne pathogens. Therefore certain precautionary measures are indicated for ALL patients (universally) regardless of their diagnosis. All blood and moist body substances are considered to potentially harbor transmissible agents of disease (that is, germs).

Under the umbrella of universal precautions are: hand washing, barrier technique (also referred to as personal protective equipment) and sharps precautions.

Hand washing prevent transferring contaminants (germs) from hands to other areas of the body or surfaces that may be touched. Hand washing and washing of other skin surfaces must be done immediately and thoroughly if contaminated with blood or other body fluids. Hands are also washed routinely before and after patient contact and immediately after gloves are removed.The use of gloves does not preclude the necessity for hand washing.

Gloves reduce the incidence of gross microbial contamination of hands with blood and body substances and other pathogens that may be transmitted by direct contact or the blood borne route.

  • Gloves are worn when it may be reasonably anticipated that there will be hand contact with blood or other potentially infectious material, mucous membranes, non-intact skin or when the employee has cuts, abrasions, or dermatitis.

Disposable (single use) gloves shall not be washed or decontaminated for reuse and are to be replaced as soon as practical when they become contaminated, or as soon as feasible if they are torn, punctured, or when their ability function as a barrier is compromised.

Sharps Handling and Disposal of Regulated Medical Waste (RMW)

Puncture resistant containers are used to dispose of needles, scalpel blades, lancets, glass and other sharp items.

  • Contaminated or non contaminated needles should not be recapped by hand the entire unit must be placed directly in the sharps container.
  • Needles should not be bent, broken, reinserted into their original sheaths or removed from disposable syringes or handled unnecessarily.
  • Sharps containers must be located as near to the area of use as possible.
  • Sharps containers must not be overfilled and must be closed prior to removal or replacement.

When regulated medical waste containers, red bags or sharp containers, are about half full, employees should call the EHS Office at ext. 5581, for removal.

Procedures for Handling Blood Spills, Bodily Fluid Spills, and Minor Cuts

The University Police Department will serve as the main coordinator for all incidents within the College. Employees who have come across an area with blood or bodily fluid spill should:

  • Secure the area to prevent others from coming in contact with the site
  • Notify UPD at ext 5566 (UPD will notify the EHS office)
  • Notify their supervisor

Employees who have come in contact with potentially infectious blood or bodily fluid should:

  • Report incident to UPD to file a work related incident report
  • Seek opinions from the Nurse on the 6th floor and the EHS Officer
  • Seek immediate medical attention

Hepatitis B Vaccination Policies

The Hepatitis B vaccine is available to all employees involved in patient care, maintenance of patient care areas and public safety. Refer to UOC policy on Hepatitis B vaccines. 

C. EXPIRED MEDICATION

All expired medication must be given to the Associate Director for Administration. The expired medication will then be sent to the EHS office, which ships the medication to an approved disposal facility.

  • ANNUAL COMPLIANCE TRAINING

According to SUNY State College of Optometry procedure, every employee must attend an initial safety orientation soon after they start work at the college and take an annual online safety refresher training every calendar year thereafter.

Resources
For more information about the University Police and Environmental Health and Safety departments, please click on the link below;

http://www.sunyopt.edu/offices/environmental_health_and_safety

 Appendix A


COLLEGE POLICY STATEMENT ON
DRUG, SUBSTANCE, AND ALCOHOL ABUSE


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.



LEGAL SANCTIONS UNDER FEDERAL AND STATE LAW

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.

UNIVERSITY POLICIES

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:

1)

no person shall be served alcoholic beverages on campus to consume on campus or elsewhere:

a) If that person is, or appears to be, under the legal age of 21;
b) If that person is, or seems to be, intoxicated, or is known to the server to be a problem drinker.

2)

The individual group or groups sponsoring an event at which alcoholic beverages are served (the sponsor) shall be responsible to make sure that all New York State laws and regulations and all SUNY rules and regulations regarding the sale, use, service, and consumption of alcoholic beverages are observed at such event. This responsibility shall include, without being limited to, the following:

a) items of this policy as stated above;
b) the sponsor shall notify either the office of student affairs or personnel of each event at SUNY at which alcoholic beverages are to be served; and
c) the sponsor shall instruct the person or persons actually serving alcoholic beverages at the event not to serve or sell alcoholic beverages to any person who is or appears to be intoxicated or whom such server knows to be a problem drinker, or who is or appears to be under the legal drinking age.

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.

COLLEGE REGULATIONS

1.

Locations where alcoholic beverages are permitted to be served, and consumed by persons of legal drinking age on the campus should be identified. A specific listing of such places (e.g. student lounge, faculty office) helps clarify questions that students, faculty, or staff might have about where alcoholic beverages are permitted on campus.

2.

Guidelines for public and private social events that involve alcoholic beverages within the institution's jurisdiction should be established. An event that is open to the public should be registered with the appropriate campus office before the event. Such events should be conducted within the following guidelines:

a) Individuals sponsoring the event should implement precautionary measures to ensure that alcoholic beverages are not accessible or served to persons under the legal drinking age or to persons who appear intoxicated.
b) Consumption of alcoholic beverages should be permitted only within the approved area designated for the event.
c) Non-alcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.
d) A reasonable portion of the budget for the event shall be designated for the purchase of food items.
e) No social event shall include any form of "drinking contest" in its activities or promotion.
f) Advertisements for any university event where alcoholic beverages are served shall mention the availability of non-alcoholic beverages as prominently as alcohol. Alcohol should not be used as an inducement to participate in a campus event.
g) Promotional materials including advertising for any university event shall not make reference to the amount of alcoholic beverages (such as the number of beer kegs) available.
h) Institutionally approved security personnel shall be present at all times during the event.

3.

A specific statement concerning the use or non-use of alcoholic beverages at membership recruitment functions (e.g., fraternity/sorority rush, departmental clubs, and special interest groups) should be explicitly and officially distributed to the appropriate organizations.

4.

Procedures for adjudicating violations of the alcohol policy should be articulated. Such procedures should include an explicit statement of sanctions.

Appendix B


COLLEGE SMOKING POLICY

The entire College facility is a smoke-free facility.

Effective July 1, 2010, the SUNY State College of Optometry is a Smoke-Free campus. Smoking is not permitted within the building and outside the building within the property line on sidewalks both at the 42nd and 43rd street sides of the building. In addition, smoking is prohibited inside college vehicles. No Smoking signs have been visibly posted at all entrances and other prominent places.

SUNY State College of Optometry Smoke free policy



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