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Biennial Review of Felician University Alcohol and Other Drug Abuse Prevention Program

For Academic Years 2015-2016 and 2016-2017

Contributors:              

Ronald Gray, Ph.D
Dean of Students

Sharon McNulty, LPC, ACS
Director, Counseling Center

Ben Silverman, LPC, ACS
Counselor, AOD Education Coordinator

Patrick Dezort
Assistant Dean of Students

Laura Pierotti
Director, Residence Life

Ben Dinallo
Director, Athletics

Andrew Toriello
Assistant Director, Athletics

Virginia Topolski
Director, Human Resources

Tara Brugnoni, Ph.D
Director, Community Rights and Responsibilities

Sylvia McGeary, Ph.D
Executive Director, Mission Integration

Mylene Pinto
Administrative Assistant to the Dean of Students

Felician University
Drug-Free Schools and Campuses Regulations (EDGAR Part 86)
Drug and Alcohol Abuse Prevention Certification

The undersigned certifies that it has adopted and implemented an alcohol and other drug abuse prevention program for its students, faculty, and staff that at minimum include: 

  1. The distribution, annually, to each faculty and staff member, and to each student who is taking one or more classes for any kind of academic credit, excluding continuing education, regardless of the length of the student’s program of study, of –
  • Standards of conduct that clearly prohibit the unlawful possession, use, or distribution of any illicit drugs and alcohol by students, faculty, and staff on its property or as part of any of its activities
  • A description of the applicable legal sanctions under local, State, and Federal law for the unlawful possession, use, or distribution of any illicit drugs and alcohol
  • A description of the health risks correlated with the use and/or abuse of any illicit drugs or alcohol
  • A clear statement that the university will impose disciplinary sanctions on students, faculty, and staff, which are consistent with local, State, and Federal laws, a description of those sanctions, up to and including expulsion or termination, for violation of the standards of conduct
  1. The use of a biennial review by the University of its alcohol and other drug abuse prevention program to –
  • Determine its effectiveness and implement necessary changes to the alcohol and other drug abuse prevention program, policy, and procedure when needed
  • Ensure that disciplinary sanctions are being enforced consistently

Felician University                                          Felician University
262 South Main Street                                   One Felician Way
Lodi, New Jersey 07644                                  Rutherford, New Jersey 07070

 Anne M. Prisco, Ph.D

 ____________________________________    ___________________
 Signature                                                              Date

Table of Contents

  • Introduction                                                                                                             
  • Biennial Review Process
  • Creation and Continuation of the Biennial Review Task Force
  • Notification and Distribution Process                                                                               
  • Compliance with the Drug-Free Schools and Communities Act
  • Student Notification and Distribution
  • Faculty and Staff Notification and Distribution
  • Timeline
  • Felician University Campus Resources                                                                            
  • Websites that address Felician University Alcohol and Other Drug Policies
  • Alcohol and Other Drug Prevention Programming                                                           
  • Counseling Center
  • Alcohol-Wise/Under the Influence/Marijuana 101
  • Membership Affiliation
  • Alcohol and Other Drug Educational Presentations
  • The Office of Student Development and Engagement
  • Mission Integration and Campus Ministry
  • Intramural Sports
  • Residence Life
  • Policy and Enforcement of Disciplinary Sanctions 
  •                                                           
  • Violation and Sanction Data                                                                                             
  • Felician University Medical Amnesty Policy                                                               
  • Felician University Department of Athletics                                                                   
  • Purpose
  • Alcohol, Tobacco, and Other Drug Education
  • Consent to Participate
  • Alcohol Policy
  • Tobacco Policy
  • Other Prohibited Drugs/Substances
  • Selected Types of Drug Testing
  • Notifications and Reporting for Collections
  • Specimen Collection Procedures
  • Reporting Results
  • Penalties
  • Self-Referral Policy
  • Appeal Process
  • Confidentiality
  • Additional Information
  • New Jersey State and Local Laws Regarding Alcohol                                                      
  • State of New Jersey
  • Borough of Lodi, New Jersey
  • Borough of Rutherford, New Jersey
  • New Jersey State and Federal Laws Drug Offenses and Penalties                                    
  • State of New Jersey
  • Federal Drug Offenses
  • Overdose Prevention Act                                                                                                 
  • 9-1-1 Lifeline Legislation                                                                                                  
  • Health Risks Associated With the Use of Illicit Drugs and Alcohol                                  
  • Strengths and Weaknesses of Felician University Alcohol and Other Drug                      
  • Abuse Prevention Program
  • Strengths
  • Weaknesses
  • Recommendations for the Felician University Alcohol and Other Drug                          
  • Abuse Prevention Program
  • Appendices

Appendix A - Semester Programming Calendars

Appendix B - College Task Force Survey Short Summary Results

Introduction

The Drug-Free Schools and Campus Regulations CFR 34, Subtitle A, Part 86 of the Drug-Free Schools and Communities Act (DFSCA) require that institutions of higher education (IHE), such as Felician University, adopt, implement, and evaluate programs to prevent the misuse or abuse of alcohol and use or distribution of illicit drugs by university students, faculty, and staff both on its premises and as a part of any of its activities. At a minimum, each institution of higher education must annually distribute the following in writing to all students, faculty, and staff: 

  • Standards of conduct that clearly prohibit the unlawful possession, use, or distribution of any illicit drugs and alcohol by students, faculty, and staff on its property or as part of any of its activities
  • A description of the applicable legal sanctions under local, State, and Federal law for the unlawful possession, use, or distribution of any illicit drugs and alcohol
  • A description of the health risks correlated with the use and/or abuse of any illicit drugs or alcohol
  • A clear statement that the university will impose disciplinary sanctions on students, faculty, and staff, which are consistent with local, State, and Federal laws, a description of those sanctions, up to and including expulsion or termination, for violation of the standards of conduct

The law further requires that the institution conduct a biennial review of its program with the following objectives: 

  • Determine its effectiveness and implement necessary changes to the alcohol and other drug abuse prevention program, policy, and procedure when needed
  • Ensure that disciplinary sanctions are being enforced consistently

 The biennial review must also include a determination as to: 

  • The number of drug- and alcohol-related violations and fatalities occurring on campus, or as part of their activities that are reported to campus officials
  • The number and type of sanctions the institution impose on students, faculty, and staff as a result of such violations or fatalities

Felician University acknowledges its legal obligation to conduct a biennial review of compliance with the Drug-Free Schools and Communities Act.  The intention of this document is to comply with the legal requirements as set forth by the DFSCA and to discuss prevention and education associated programs, initiatives, and activities related to the Felician University Alcohol and Other Drug Abuse Prevention Program for the 2015-2016 and 2016-2017 academic years.

Biennial Review Process

Mary Reilly, Former Director of the Counseling Center, and Ben Silverman, Counselor and AOD Education Coordinator, formed a task force to participate in the assessment of the 2015-2016 and 2016-2017 Felician University Biennial Review. The new Director of the Counseling Center, started in 11/16, upon Mary Reilly’s retirement. Ben Silverman also went from full time to part time at this time. The purpose of this task force was to address strengths and weaknesses of the Alcohol and Other Drug Abuse Prevention Program.  The original members of the task force included those below, many of whom are no longer employed at the University. Those names in bold remain on the task force now.

  • James Fitzpatrick, Vice President for Student Affairs
  • Ben Silverman, LPC, ACS, Counselor, AOD Education Coordinator
  • Patrick Dezort, Director of Student Development and Engagement
  • Laura Pierotti, Director of Residence Life
  • Bado Alverna, Assistant Director, Residence Life
  • Ben Dinallo, Director of Athletics
  • Karen Fasanella, Associate Dean for Academic Success
  • Shekeitha Jeffries, Assistant Director, Residence Life
  • Barbara More-Stanzale, Administrative Assistant to the Vice President for Student Affairs
  • Virginia Topolski, Director of Human Resources
  • David Turi, Interim Dean School of Business
  • Ian Wentworth, Director, Community Rights and Responsibilities

New employees replaced some of the original members:

  • Ronald Gray, Dean of Students
  • Sharon McNulty, LPC, ACS, Director, Counseling Center
  • Andrew Toriello, Assistant Director, Athletics
  • Tara Brugnoni, Director, Community Rights and Responsibilities
  • Sylvia McGeary, Executive Director, Mission Integration

The Felician University Biennial Review was created using information and assistance provided by the following offices:

  • Counseling Center
  • Office of the Vice President for Enrollment Management, Student Affairs, Compliance
  • Dean of Students
  • Community Rights and Responsibilities
  • Office of Human Resources
  • Student Development and Engagement
  • Residence Life
  • Department of Athletics
  • Campus Ministry
  • University Security

 The following documents and programs were considered when creating the Felician University Biennial Review:

  • Biennial Review Task Force meeting minutes
  • Felician University Policies for Students, Faculty, and Staff
  • Student Handbook
  • Department of Athletics Drug Testing Policy and Procedure
  • Student Conduct Data
  • Clery Act Information

The Biennial Review of Felician University Alcohol and Other Drug Abuse Prevention Program was examined and approved by the following:

Dr. Anne Prisco, President
Francine Andrea, Vice President of Enrollment Management, Student Affairs, Compliance
Dr. Ronald Gray, Dean of Students

The Biennial Review of the Felician University Alcohol and Other Drug Abuse Prevention Program is on file with:

Francine Andrea, Vice President of Enrollment Management, Student Affairs, Compliance
Obal Hall, Lodi Campus
201-559-6181
andreaf@felician.edu

Dr. Ronald Gray, Dean of Students
Student Union, Rutherford Campus
201-559-3564
grayr@felician.edu 

Creation of the Biennial Review Task Force

Our Previous Biennial Review stated a recommendation to establish a Task Force within the Office of the Vice President of Enrollment Management, Student Affairs, Compliance to review policy effectiveness and implement changes when necessary. The membership of the original Biennial Task Force is listed on the previous page. In the planning stage of the Task Force, it was determined that two meetings each semester would be a baseline goal, and that representation from various campus gatekeepers would be added so as to encourage greater campus collaboration and commitment.  Over the two-year period, the membership increased to have more diverse perspectives by including representation from Student Development and Engagement, Institutional Research, Information Systems, Human Resources, and Community Rights and Responsibilities.  All of the recommendations for revising the Alcohol and Other Drug Abuse Prevention Program were met with the exception of conducting the American University Health Association National University Health Assessment (ACHA-NCHA).  Due to Felician University financial constraints and ACHA-NCHA cost, we were unable to implement this university-wide assessment.  We found a financially feasible alternative through a grant given to Bergen County Prevention Coalition which they generously shared with us. We conducted the College Task Force Survey during the 2015-2016 academic year.  Of the four weaknesses cited in the previous report, two are accomplished, a survey was conducted and the Athletic Dept. Drug Testing Policies have been implemented, and two are beyond our control, staff turnover and financial constraints.  There have been numerous discussions about how and when student participation within this Task Force would be appropriate.  As student opinion is important in understanding how best to provide critical information for our student population, it was decided to postpone their inclusion until the Task Force was further along in its development.  Assessing our effectiveness will be forthcoming and part of our recommendations for the subsequent Biennial Review.

Notification and Distribution Process

Compliance with the Drug-Free Schools and Communities Act

Felician University remains committed to work towards fulfillment of all requirements of the Drug-Free Schools and Communities Act and to maintain compliance. Timely and consistent distribution of university policy and procedure to all students, faculty, and staff are one aspect of this obligation.

Coordinated by the Counseling Center, the Felician University Alcohol and Other Drug Abuse Prevention Program is a wide-ranging program that incorporates evidenced-based practices, designed to implement and evaluate campus and community-based strategies to reduce and prevent high-risk drinking behaviors and substance use and abuse among our university students, faculty, and staff.  The Felician University Alcohol and Other Drug Abuse Prevention Program is a collaborative effort shared by the Counseling Center, Office of the Vice President of Enrollment Management, Student Affairs, Compliance, Office of the Dean of Students, Residence Life, Athletics, Office of Community Rights and Responsibilities, Office of Student Development and Engagement, Campus Ministry, and Human Resources. 

Student Notification and Distribution

At the beginning of each semester, the Office of the Vice President of Enrollment Management, Student Affairs, Compliance emails the link to the Felician University Student Handbook to every registered student. The Student Handbook includes our Code of Student Rights, Responsibilities, and Conduct, which explains policy violations and possible sanctions, the Student Substance Abuse Policy which were all updated this past summer, the Medical Amnesty Policy, campus resources, and a detailed description of students’ rights and the conduct process. 

Furthermore, the Student Substance Abuse Policy is included in the Annual Security and Fire Safety Report, which is emailed to every student, faculty, and staff member of the Felician University community annually and to each new student automatically upon enrollment. 

We complied with our previous recommendation to make our tracking and distribution procedure to all student, faculty, and staff members more consistent and timelier. 

Faculty and Staff Notification and Distribution

Felician University had distributed the Drug and Alcohol-Free Workforce Policy to all faculty and staff members upon their hiring at the university. As a result of a program review, the University was required to improve this method of distribution to be in compliance with federal regulations and do so yearly. Human Resources and the Counseling Center reviewed and revised the Drug and Alcohol-Free Workforce Policy, as well as creating a yearly distribution policy which has been adhered to. 

Currently, the Felician University Drug and Alcohol-Free Workplace Policy is given to every new employee upon hire and is also available through the Office of Human Resources. New employees are required to sign a copy of this policy certifying that they agree to abide by the terms of this Drug and Alcohol-Free Workplace Policy. The signed certification letter must be returned to the Office of Human Resources within two weeks. The Drug and Alcohol Free Workplace Policy will be sent electronically to all employees on or before November 1annually.  The Felician University Office of Information Technology confirms and tracks distribution and completion. 

This is a timeline of events for yearly distribution and on-line training for faculty and staff: 

DATE

ACTION TAKEN

9/25/15-

Present

 Policies re-distributed to all employees annually.

 10/1/15

 Online AOD Training module customized to Felician University with

Workplace Answers completed, reviewed and tested.

10/13/15- Present

 All existing employees registered by mid -October and ongoing as new employees were hired.

12/14/2015-Present

Training designated for completion by Mid-December.

9/25/17

Policy updated to note required drug testing for all bus drivers.

Upcoming

Planning

Training will be expanded in 2018 to include 2 parts: 

1.)  current online training (basic policy) will be transitioned to HRIS system and directly accessible to all employees;

2.) Two additional modules will be created, reviewed and available to employees prior to September 2018 through online training by EverFi (replacement for Workplace Answers):  Drugs and Alcohol at Work and Recognizing Drug and Alcohol Abuse.

 

Felician University Campus Resources

  • Dean of Students……………………………..……..……201-559-3564
  • Counseling Center………………………………….……201-559-3587, 3503
  • Office of Human Resources………………………….….201-559-6055
  • Office of Residence Life………………………………....201-559-3505, 3506
  • Center for Health………………………………..............201-559-3559, 3586
  • Department of Athletics…………………………………201-559-3333
  • Security……………………………………………………201-559-3561


Websites that address Felician University Alcohol and Other Drug Policies

Students, faculty, staff, and guests can find Felician University policies on the university’s Consumer Information webpage, as well as the following links: 

Felician University Student Substance Abuse Policy
http://felician.edu/sites/default/files/fc_student_substance_abuse_policy.pdf

Felician University Medical Amnesty Policy
http://felician.edu/sites/default/files/fc_medical_amnesty_policy.pdf

Felician University Drug and Alcohol Free Workplace Policy
http://felician.edu/sites/default/files/drug-and-alcohol-free-workplace-policy.pdf

Felician University Department of Athletics Alcohol, Tobacco, and Other Drug Education and Testing Policies

http://www.felicianathletics.com/information/Athletic_Training/Alcohol_Tobacco_Drug_Educaton_and_Testing_Policies.pdf

 Alcohol and Other Drug Prevention Programming

Student Focus Group results from 2015 presented in our last Biennial Review guided the planning of our events in 2015-2016 and in 2016-2017.

 Counseling Center

The Counseling Center at Felician University is dedicated to a pro-active approach to the education and prevention of alcohol and other drug use among the entire Felician community.  Awareness that the use and abuse of alcohol and other drugs are a severe impediment to the overall success of students and employees has led to the implementation of an ever-growing program that strives to communicate the dangers and consequences of such use. 

The Counseling Center maintains an ongoing collection of the latest brochures, which are available at all times to the entire Felician University community.   These materials describe the health risks and dangers of alcohol and other drugs, as well as binge drinking, underage drinking, and driving while intoxicated.  Furthermore, the Counseling Center website provides an invaluable resource for students and parents, as well as faculty and staff with explanations of certain programs on campus, such as Alcohol-Wise (an on-line alcohol education program required of all First Year Experience classes), recommendations for speaking with students concerning the dangers of underage drinking, self-assessment screenings, and contact information for area treatment facilities. 

Counseling Center has done RA training and Orientation Leader and Athletic training sessions, as well as, information tables in both dining halls. We have also co-sponsored events, such as speakers, Jeopardy and Wheel of Fortune Games with Bergen County Prevention Coalition through a grant they received that they generously shared with us. We have also held programs in accordance with alcohol theme weeks and months and prior to Spring Break. 

View this important information at:
http://felician.edu/campus-life/counseling-center

Alcohol-Wise/Under the Influence/Marijuana 101

Alcohol-Wise is an on-line alcohol education program for entering first-year students that has been implemented by the Counseling Center in collaboration with First Year Experience faculty. Designed and purchased from 3rd Millennium Classrooms, the program’s personalized approach provides students with an educational experience that impacts both their individual behavior and the campus culture.  It offers students a learning experience that helps motivate safer decision-making and promotes student engagement for creating a healthier campus community. Alcohol-Wise is a required program for all first-year students, with a minimum passing requirement.  Monitoring of student participation is maintained by the AOD Education Coordinator.  Alcohol-Wise also provides separate sections for parents. 

Implemented since the fall semester of 2014, the professors instructing the First Year Experience course included an assignment labeled “Cultural Passport”.  In this assignment, the students were expected to participate in activities outside of the classroom.  The professors included participating in Alcohol-Wise as a mandatory component of the assignment.  Through this assignment and with careful monitoring, the professors were able to insure that a majority of the students participated in and completed the Alcohol-Wise program. 

Under the Influence and Marijuana 101 are also on-line education programs designed to be used as educational sanctions for when students violate campus alcohol or other drug policies.  They are individually customized lessons intended to facilitate personal student growth in the areas of understanding consequences, social norms, and strategies for a healthier lifestyle. 

In Fall 2018, we will be switching from Alcohol Wise to Alcohol.edu which we have assessed this year to be a more comprehensive program which is partnered with Haven, our on-line sexual assault prevention education program. 

Membership Affiliation

Our Counselor, AOD Education Coordinator, who resigned in 10/19 was a member of the Bergen County Prevention Coalition, a subsidiary of The Center for Alcohol and Drug Resources of Bergen County, and the New Jersey Higher Education Consortium on Alcohol and Other Drug Prevention and Education.  Our new hire will begin in 1/18 and will join these Community partnerships.  This allows for constant dialogue with other counseling professionals on the latest empirical evidence and best practices on university campuses. 

Alcohol and Other Drug Educational Presentations

The Counseling Center, in collaboration with other campus departments and outside organizations, provides on-campus alcohol and other drug educational programming designed to inform the entire campus community on the most current information available.  These include, but are not limited to, a presentation to all student-athletes on the dangers of alcohol and athletics, promotional materials made available on both campuses, education pamphlets and resources made available on both campuses, a presentation to all resident assistants on current drug trends, Orientation Leader training, and partnership with other university offices to offer alcohol and drug free events. 

The Office of Student Development and Engagement

The Office of Student Development and Engagement (SD&E) facilitates programming for the greater student population in an effort to provide a co-curricular experience focused on retention and alcohol alternative programming. SD&E, along with two student run organizations, holds approximately 400 programs during the academic year. Programming is held every Thursday-Saturday in an effort to provide students with alternative activities to recreational alcohol consumption and drug use. SD&E has and will continue to poll students on their weekend programming interests as well as track attendance to verify alternative programming effectiveness. 

We had have previously determined that we need stronger programming on Thursday evenings throughout the semester. The Campus Activities Board (CAB), made up of 15 students, worked working with SD&E to facilitate programming students will find engaging and enticing as an alcohol alternative, which began during the spring semester 2016. SD&E tracks attendance at programming, all semester, and will perform an annual analysis to determine program effectiveness as it relates to deterring students from alcohol and other drug use. 

SD&E developed an alcohol/drug free logo for all of their program publicity to help raise awareness about the Felician University alcohol and other drug policy. Students receive text messages with events of the day. The following are a list of activities and events provided for the student body, at little or no cost to them, which provide alcohol and other drug free alternatives:

  • Socials and dances
  • Zumba, Yoga every Thursday Night
  • Felician University Athletic events
  • Off-campus trips including movie nights, festivals, Broadway plays, day trips, Bronx Zoo, museums, Lodi Lanes Bowling
  • Bingo, Open Mic Nights
  • Wendy’s Midnight Meals, Smoothies Night
  • Art events, Paint Night
  • Stress relief events during mid-terms and finals
  • Volunteer/Social Justice Programs

In fall 2015, 118 programs were held, and in spring 2016, 108 programs were held.  Attendance was not tabulated yet.

In the academic year 2016-2017, 847 students attended 5096 events.

See sample Semester Programming Calendars in Appendix A. 

 Mission Integration and Campus Ministry

Campus Ministry and its activities are offered to all students who are enrolled at Felician University. Students of all faith denominations or none are not only invited, but encouraged to participate in our many activities as they provide a wholesome way to live out our Core Values in a non-judgmental atmosphere. Students from many walks of life work together in Campus Ministry and enjoy the camaraderie that is developed. 

These many activities are created not only to teach and shape young people, but are an alternative to possible destructive behaviors such as alcohol and drug use. All of our activities of course are alcohol and drug free, and students learn that a good time can be had without using them, in addition to, learning valuable life lessons of helping those who are less fortunate. Mission Integration and Campus Ministry is designed to help our students, in all ways, body, soul and mind, and done so in an atmosphere of acceptance and collegiality. 

Sunday evening mass is offered. Ten students participate each week.  Campus Ministry meetings take place three times a semester with anywhere from 5-10 students in attendance. They do planning for upcoming service events such as those largest ones listed below. Faculty and staff join students in these events as part of the University’s mission. 

  • Midnight Runs – Providing food, clothing and toiletries to the homeless in NYC - 4 events - 200 participants, 300 served
  • Penn Station Runs – Providing food for the Homeless – 6 events – 60 participants, 600 served
  • Toy Drive for Holidays – 15 participants, 300 served
  • Food Collection for Rutherford Food Pantry – 2events – 20 participants, 20 served

 Intramural Sports

The Felician University Intramural Sports program offers events, athletic and non-athletic, that are free for all Felician University students, faculty, and staff members. The mission is to deliver a safe and entertaining environment where all are invited to participate and meet like-minded individuals, while helping to promote a drug and alcohol-free lifestyle.  Some of the intramural events offered have been three-on-three basketball, arena flag football, beach volleyball, floor hockey, indoor soccer, indoor kickball, dodgeball, and spikeball.  The intramural events are offered Monday through Thursday evenings, and provide a needed healthy outlet from busy academic schedules.  The Felician University Intramural Sports program is a great way for the entire University community to increase their support system on campus, divert their attention from pressures of the classroom, provide healthy competition, and an opportunity for physical exercise and fitness. 

Year

Intramural Sport

Total # of Participants (non-duplicated)

# of Spectators

# of Times Offered

Fall 2015-16

Beach Volleyball

64

40

3

Fall 2015-16

Spikeball

41

22

2

Winter 2015-16

3 on 3 Basketball

142

106

4

Winter 2015-16

Floor Hockey

27

14

2

Winter 2015-16

Arena Flag Football

50

43

3

Spring 2015-16

Indoor Soccer

37

22

4

Spring 2015-16

Indoor Kickball

61

31

4

Spring 2015-16

Dodgeball

88

48

5

Fall 2016-17

Beach Volleyball

79

33

2

Fall 2016-17

Spikeball

53

14

3

Winter 2016-17

3 on 3 Basketball

185

111

4

Winter 2016-17

Floor Hockey

51

19

2

Winter 2016-17

Arena Flag Football

57

39

3

Spring 2016-17

Indoor Soccer

43

24

4

Spring 2016-17

Indoor Kickball

52

26

4

Spring 2016-17

Dodgeball

93

53

5

 Residence Life

The residence halls at Felician University are located in Rutherford, New Jersey.  Alcohol and other drugs are prohibited within the residence halls at Felician University.  The Office of Residence Life employs student resident assistants (RAs) who are tasked with enforcing the Felician University residence hall policies, including the Felician University Medical Amnesty Policy and the Felician University Student Substance Abuse Policy. 

  • All RAs are required to complete five programs per semester centered upon the Office of Residence Life CARES programming model. CARES is an acronym for cultural, awareness, education, retention and social.
  • All RAs are required to attend training sessions, during the summer and winter breaks. Both trainings cover topics related to the RA job responsibilities and include drug and alcohol awareness and incident reporting.
  • An alcohol and other drug awareness session is conducted annually and was facilitated by Ben Silverman, Counselor/AOD Education Coordinator, at Felician University.
  • “Critical Policies & Ethical Standards” session as well as an “Incident Report Writing” session provided all RAs with information on how to properly write an incident report, including incidents that involve alcohol and other drugs. Both sessions were presented by the Director of Community Rights and Responsibilities
    • “Behind Closed Doors”, facilitated by Assistant Directors of Residence Life at Felician University, where all RAs were given scenarios that included various topics, including drug/alcohol policy violations, and had to provide a resolutions utilizing the student handbook as a guide, as well as, information given during the training sessions. 
  • All RAs are required to complete five programs per semester centered on the Office of Residence Life CARES programming model. As outlined in the programming model, there is no requirement for drug/alcohol related programming which will be changing to a requirement for 2018. RAs are encouraged to include an alcohol/drug free logo on all of their program flyers to help raise awareness about the Felician University alcohol and other drug policy.
  • The Office of Residence Life CARES programming allows the RAs to plan programs that address their residents’ needs; it allows the RAs to be intentional when programming and it allows them to be creative.

CARES

Each RA is required to complete five programs:

  • One Building/Campus Wide – Targets residential population and takes place in the halls. Put on by one or more RA. Planned in advance.
  • One Co-Sponsored – Targets residential population and takes place in the halls or outside venue that is approved in advance. Put on by one or more RA and works with another campus department or group. Planned in advance.
  • One Spontaneous – Targets residential population and takes place in the halls. Put on by one or more RA. Is not planned in advance. Not completed while on duty.
  • One Weekend – Targets residential population and takes place in the halls. Put on by one or more RA. Planned in advance. Takes place on a Saturday or Sunday.
  • One Optional – An additional program from the above criteria.

Then, of those five programs, each must fall into one of the five following criteria:

CCultural – A program that highlights cultural, educational, social, and gender diversity. Anything that can relate to a cultural experience

AAwareness – A program that highlights social issues such as, but not limited to, mental or physical disabilities, body image, global issues, human rights. Anything that makes students aware about a topic that they were not previously aware of.

RRetention – A program that fosters school spirit. Anything that will make a student proud to be at Felician and want to come back next year.

EEducational – A program that teaches something. Anything that will allow students to walk away with more knowledge than when they walked in.

SSocial – A program that makes the students happy. Anything that is social and fun.

In academic year 2015-2016 , 51 programs open to all students were hosted by residence hall staff. In Fall 2016, 127 programs were offered, and in Spring 2017, 69 programs were held.

Recommendations

A consistent method for data collection, tabulation and assessment for program effectiveness needs to be implemented that can endure staff turnover.  A consistent financial barrier exists regarding programming, as there is currently limited funding allocated. 

College Task Force Survey

One of our previous goals which was cost prohibitive was to conduct a student survey. In collaboration with our local partner, Bergen County Prevention Coalition, we were able to design our own survey, approved by our Institutional Review Board. Gift cards provided by the Coalition grant monies were used as incentive. We had 403 participants which was more than expected. Our results helped up produce relevant programming to our student body. See short summary of results in Appendix B.

Policy and Enforcement of Disciplinary Sanctions

The Felician University conduct policy is overseen by the Director of Community Rights and Responsibilities, who reports to the Dean of Students. The Director of Community Rights and Responsibilities is charged with monitoring policy, procedure, and timely administration of the conduct process, entailing the adjudication of all reported incidents, establishing educational outcomes, including sanctions and stipulations, for violators of policy.

The Felician University Code of Student Rights, Responsibilities, and Conduct was enacted at the end of the calendar year 2013.  Our policies have been changed to cover a wider variety of violations than in the previous code. The new code of conduct reflects a revised student conduct process at Felician University.

Previously, a student only had one option, to meet with a Student Conduct Officer and appeal to another officer.  Under the revision of policy and procedure, a student charged with an alcohol or other drug violation has the right to meet with the University Conduct Officer, who is currently designated as the Director of Community Rights and Responsibilities or the University Student Conduct Board.

If a student charged with an alcohol or other drug violation chooses to meet with either the Student Conduct Officer, he/she does not have a right to an appeal and must sign a Student Conduct Board waiver.  However, if a student chooses to meet with the University Student Conduct Board, he/she will have a right to appeal a decision, provided he/she submits the appeal in writing within 5 business days, based upon four grounds:

  1. To determine whether the original hearing was conducted fairly;
  2. To determine whether the facts in the case were sufficient to establish that a violation of the Code of Conduct had occurred;
  3. To determine whether the sanctions imposed were appropriate for the violation of the Code of Conduct that the student was found to have committed, or
  4. To consider new evidence, sufficient to alter the decision or other relevant facts not brought out in the original hearing, because the person appealing did not know the evidence/facts at the time of the original hearing.

Student Conduct Board hearings include a combination of students, faculty, and staff members, with a student acting as the Judicial Board Chair. The Judicial Board Chair follows a script that allows for students to:

  1. Introduce an Advisor (A student may have an advisor present but only the student can participate in the hearing);
  2. Introduce the accused and the accuser so that they both have exercised their right to face each other in a fair, even field;
  3. Introduce the Board Members;
  4. Challenge the Board Members and give them a right to recuse themselves;
  5. Hear the charges filed against them;
  6. Hear their rights as to the process that will follow;
  7. Give a statement and hear statements of the accuser, accused, reporting staff and witnesses;
  8. Have ample time to ask and answer questions from all parties present;
  9. Wait for the board to deliberate and give a decision on responsibility as well as appropriate sanctioning;
  10. Hear the appeals process if necessary.

When a student violates the Felician University Substance Abuse Policy, he/she will receive a packet which includes:

  • a notice to appear, including a date, time and location of the meeting,
  • a copy of the charges,
  • a copy of the Student Code of Conduct highlighting what policy violation is in question and how the Student Conduct process works.

Rewritten Policy and Procedures:

Over the summer of 2017, Felician University’s Alcohol and Other Drug Policy in terms of its violations, offenses, and sanctions was revised. What existed previously was a sanctioning system that left sanctions open to interpretation and inconsistent. Therefore, there now exists a sanctioning system that is strengthened and much more consistent. For each violation, there are 3 offenses, each offense carrying with it fines and levels of sanctions respectively. The new Alcohol and Other Drug Policy revisions were added to the updated student handbook for 2017 that is administered to the entire student population, were presented in particular to all incoming freshmen, and have been in effect since September of 2017.

*The following is the new Alcohol and Other Drug Policy as listed in the Student Code of Conduct found in the student handbook. 

FELICIAN UNIVERSITY ALCOHOL AND OTHER DRUG POLICY

Alcoholic beverages are not permitted for students on the Felician University campus regardless of age. The Rutherford Campus residence halls are considered "Dry,” defined as any alcoholic beverages or containers being prohibited.

Felician University students or guests of Felician University students, regardless of age, are forbidden to possess, consume or distribute alcoholic beverages on the Felician University campus.

Possession of full, partially full, or empty alcoholic beverage containers, including but not limited to, beer cans, kegs, liquor, wine and champagne bottles is prohibited.

Being in the presence or transportation of open or closed alcoholic beverages is prohibited.

Providing large quantities of alcohol to others puts the community and its members at risk. For this reason, possession of kegs of beer or beer containers over thirty-two ounces are considered serious policy violations.

As per the Alcohol Policy, staff has the right to inspect suspicious packages and coverings transported into the residence halls. Residence Life staff members also have the right to search a University issued hot/cold unit if there is any suspicion of an illegal substance inside.

Providing there is just cause to believe that this policy is being violated with in the residence halls, Felician Security in the presence of Felician Staff, may search any belongings and seize prohibited substances as well as paraphernalia. Students found in violation of this policy will be subject to the process outlined in the Student Code of Conduct, Rights and Responsibilities. 

NOTE: Felician University reserves the right to grant the below sanctions based on violations of the student conduct code. These sanctions are granted on a consistent basis, however, there may be some outstanding cases that warrant discretionary sanctions. The goal of the University is to grant appropriate correctives in order to promote a healthy and safe educational environment and the well-being of every student.

Specific Violations and Sanctions:

  1. Being in any room/area where alcohol is present.
    1. 1st violation: $50.00 fine and warning
    2. 2nd violation: $100.00 fine, clinical assessment, and Alcohol and Other Drug online program
    3. 3rd violation: $200.00 fine and probation
  1. Transporting an open/closed container of alcohol across common spaces of the university (lounges, dining areas, hallways, courtyards, parking lots, etc.).
    1. 1st violation: $50.00 fine and warning
    2. 2nd violation: $100.00 fine, clinical assessment, and Alcohol and Other Drug online program
    3. 3rd violation: $200.00 fine and probation
  1. Possession, consumption, or sale of alcohol (empty/partially full or full bottles, cans, containers, etc.) while on University grounds/property, which includes residential rooms. Alcoholic containers, including but not limited to empty or full beer cans or bottles, are not permitted as room decorations.
    1. 1st violation: $100.00 fine and Alcohol and Other Drug online program
    2. 2nd violation: $200.00 fine, probation and clinical assessment
    3. 3rd violation: $400.00 fine, suspension or Persona Non Grata from residence halls, and permitted to only attend campus for enrolled classes
  1. Under the influence/public intoxication in a residence facility, common space, or on property.
    1. 1st violation: $100.00 fine and Alcohol and Other Drug online program
    2. 2nd violation: $200.00 fine, probation and clinical assessment
    3. 3rd violation: $400.00 fine, suspension or Persona Non Grata from residence halls, and permitted to only attend campus for enrolled classes
  1. Hosting a party in a resident’s room where alcohol, drugs, or drug paraphernalia are present.
    1. 1st violation: $100.00 fine and Alcohol and Other Drug online program
    2. 2nd violation: $200.00 fine, probation and clinical assessment
    3. 3rd violation: $400.00 fine, suspension or Persona Non Grata from residence halls, and permitted to only attend campus for enrolled classes
  1. Purchasing or providing alcohol to minors.
    1. 1st violation: $100.00 fine and Alcohol and Other Drug online program
    2. 2nd violation: $200.00 fine, probation and clinical assessment
    3. 3rd violation: $400.00 fine, suspension or Persona Non Grata from residence halls, and permitted to only attend campus for enrolled classes
  1. Sale, use, distribution, manufacture, dispensing or possession of illegal drugs and drug paraphernalia.
    1. 1st violation: $150.00 fine, probation and clinical assessment
    2. 2nd violation: $300.00 fine, suspension or Persona Non Grata from residence halls, and permitted to only attend campus for enrolled classes
    3. 3rd violation: $500.00 fine, residence hall and university expulsion

Sanction definitions for Drug and Alcohol Policy:

  1. Fines: a specified amount of money owed by students if they have violated any policy that carries with it a monetary sanction.
  2. Online Education: a student must complete certain sanctioned online alcohol and other drug programs, that are intended to educate the student on the effects of substance abuse.
  3. Clinical Assessment: a student must meet with a licensed counselor after a violation has been identified to determine a course of action that is appropriate for each case.
  4. Warning: a notice in writing to the student that the student has violated University regulations.
  5. Probation: a written reprimand for a violation of a specified regulation. Probation is for a designated period of time and includes the probability of more severe sanctions if the student is found to be violating the University regulation(s) during the probationary period.
  6. Persona Non Grata List: when a name is added to this list, students are not permitted on campus for a specified amount of time.
  7. Restitution: Compensation for loss, damage, or injury. This may take the form of service and/or monetary or material replacement.
  8. Residence Hall Suspension: Separation of the student from the residence halls with no visitation for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  9. Residence Hall Expulsion: Permanent separation of the student from the residence halls with no visitation.
  10. University Suspension: Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  11. University Expulsion: Permanent separation of the student from the University.

As Felician University is dedicated to providing a safer campus, the sanctions that are imposed for underage possession or consumption are taken very seriously.  Because alcohol is prohibited in the residence halls, students of legal drinking age can also be sanctioned for possession and consumption.

Sanctions for alcohol and other drug violations require online education using either Under the Influence or Marijuana 101.  These programs designed by 3rd Millennium Classrooms, and purchased for use by the university, aim to help students learn valuable information about substance abuse and their own use patterns.  Meeting and consultation with the Felician University AOD Education Coordinator is also possible.  For students who are not of legal drinking age, an online education program is given to students who have their first offense. For those who have their second offense, they are to complete an alcohol/drug assessment with the Counselor/AOD Education Coordinator. For students 21 years of age or older, consultation with the Counselor, AOD Education Coordinator is at the discretion of the hearing officer.

The following is a list of possible sanctions a student could receive for an Alcohol or Other Drug Violation:

  • Probation – A written reprimand for a violation of a specified regulation. Probation is for a designated period of time and includes the probability of more severe sanctions if the student is found to be violating any University regulation(s) during the probationary period.
  • Online AOD Education Programs – Under the Influence is assigned to students who violate any alcohol policy, and Marijuana 101 is assigned to any student who violates a drug policy.
  • Fines – Appropriate fine may be imposed.
  • Restitution – Compensation for loss, damage, or injury. This may take the form of service and/or monetary or material replacement.
  • Residence Hall Suspension – Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  • Residence Hall Expulsion – Permanent separation of the student from the residence halls.
  • University Suspension – Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  • University Expulsion – Permanent separation of the student from the University.
  • Interim Suspension – In certain circumstances, the Vice President of Enrollment Management, Student Affairs, Compliance, or a designee, may impose a University or residence hall suspension prior to the hearing before a judicial body.
    • Interim suspension may be imposed only:
      • to ensure the safety and well-being of members of the University community or preservation of University property;
      • to ensure the student’s own physical or emotional safety and well-being;
      • if the student poses a definite threat of disruption of or interference with normal operations of the University.
    • During the interim suspension, students shall be denied access to the residence halls and/or to the campus (including classes) and/or all other activities or privileges for which the student might otherwise be eligible, as the Vice President for Student Affairs, or designee, may determine to be appropriate.

The following sanctions may be imposed upon groups or organizations:

  • Any of the above sanctions
  • Deactivation – loss of privileges, including University recognition, for a specified period of time.

Note:  More than one sanction may be imposed for any single violation. Other than University expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record. Upon graduation, the student’s confidential record may be expunged of disciplinary action other than residence hall expulsion, University expulsion or suspension, upon application to the Vice President of Enrollment Management, Student Affairs, Compliance. Cases involving the imposition of sanctions other than residence hall expulsion, University suspension or expulsion shall be expunged from the student’s confidential record within five years after the final disposition of the case. 

Violation and Sanction Data

Below you will find statistical data of all of the incidents involving alcohol and other drugs for the academic years 2015-2016 and 2016-2017: 

Academic Year

Alcohol Violations

Drug Violations

2015-2016

24

8

2016-2017

26

6

All of the above incidents are alleged. Two thirds of the total students involved in these incidents were either found responsible for possession or consumption. All numbers contain underage students and of-age students as Felician University residence halls are dry.

The following graph indicates the number and type of sanctions levied: 

Sanction Type

Number of Sanctions

Alcohol Education Course

22

Counseling

21

Community Service

0

Loss of Privileges

18

Probation

13

Fines

23

Residence Hall Expulsion

0

University Expulsion

0

If a student fails to complete the sanctions that are levied by the University Conduct Officer, the student is charged with the following:

  1. Abuse of the University Student Conduct System:
  2. Failure to comply with the sanction(s) imposed under the Student Code

The result may include additional sanctions, suspension or eventual possible expulsion from the University.

Felician University Medical Amnesty Policy

At Felician University, the health, well-being, and overall safety of the student body is our utmost concern.  Therefore, a Medical Amnesty Policy has been put in place to increase the possibility of timely and appropriate medical attention in an emergency situation where an individual may be experiencing either alcohol poisoning or a drug overdose.  This policy allows students to contact Residence Life or emergency personnel, including campus security, local police, or ambulance, either for themselves or another student without fear of being charged with a violation of the Felician University Code of Conduct.

Amnesty would be granted only to the student who is intoxicated and the student who reports the incident to the proper authorities, and only if the appropriate course of action is followed.  These instructions are as follows: 

  1. The student must be the first person to contact for help for the intoxicated student
  2. The student must remain on the scene until and when help arrives
  3. The student must provide answers to any questions honestly that would assist in providing help

This policy is in no way intended to protect students who continually violate Felician University, local, state, or federal law, and the specific guidelines must be followed in order for the policy to be in effect.  This policy does not exempt students from local, state, and federal laws.  Underage individuals are protected under the provisions of the 9-1-1 Lifeline Legislation, approved October 1, 2009, in cases of alcohol poisoning, and by the Overdose Prevention Act, approved May 2, 2013.  By removing these barriers we hope to foster a practice of seeking medical attention when necessary to avoid serious health problems or even death.

 Felician University Department of Athletics

The Department of Athletics is an integral part of Felician University’s goal of pursuing truth and preparing students for service.  Our mission in Athletics is to serve and develop our student-athletes in three distinct areas: spiritually, intellectually, and physically.  Our vision in Athletics seeks to have our surrounding and university communities positively influenced by the way we compete.  As we strive to win championships, we endeavor to exemplify the mission of Saint Francis.  Our sports programs are designed not only to develop student-athletes, but also to have an impact on those who observe us and share in our competition.  Student-athletes are role models and ambassadors of Francis on and off the playing field.

Substance abuse is one of the most important issues facing athletics and society today.  The use of illegal drugs, misuse of legal drugs and supplements, use of performance-enhancing substances, misuse of alcohol and inappropriate use of tobacco are completely inconsistent with the standards expected of student-athletes at Felician University.  Because of this belief, the Department of Athletics chooses to take a strong and proactive stand against student use and/or involvement with alcohol, tobacco, performance enhancing and illicit drugs.  Knowing the seriousness of drug and alcohol abuse and how detrimental it is to an individual’s physical and mental wellbeing, the student-athlete’s health, safety, and welfare are our first priority.

Every member of the athletic community is responsible for knowing the risks associated with substantive abuse.  Medically and socially, the risks can seriously interfere with an individual’s performance both as a student and as an athlete, and can endanger the well-being of their teammates.  Therefore, student-athletes, coaches, and staff are obligated to know the relevant university policies, federal, state, NCAA, and local laws and to conduct themselves in accordance with these policies and laws.

Purpose

The purpose of the Department of Athletics Alcohol, Tobacco, and other Drug Education and Testing Policies is to prevent substance use and abuse by student-athletes through education, testing, and professional guidance:

  • Education - Providing student-athletes and Department of Athletics staff members with accurate information about the problems associated with substance use in sports and promoting health and safety in sports.
  • Testing - Analyzing biological specimens to detect prohibited substances student-athletes may introduce to their bodies and punitive consequences resulting from use.
  • Professional referral- Facilitating appropriate treatment and rehabilitation of student-athletes.

Alcohol, Tobacco, and Other Drug Education

Participants who are educated about substance use in athletics are more likely to make informed and intelligent decisions about usage.  Therefore, all Felician University student-athletes are required to attend the Substance Abuse Seminar for Athletes.  This program is designed to review individual team, Department of Athletics, institutional, conference, and NCAA alcohol, tobacco, and other drug policies.  Appropriate educational materials have been made available to participants including the Department of Athletics Alcohol, Tobacco, and other Drug Education and Testing Policies along with a list of banned substances.  All student-athletes and staff members are required to attend.  Make-up sessions are available for participants who must miss a scheduled educational session for an approved reason.

In addition to educating all parties about the various policies, a review of the institutional drug-testing program requirements also will be conducted.  Sessions will include a review of NCAA alcohol, tobacco, and drug policies including the tobacco ban, list of banned drug classes and testing protocol.  Nutritional supplements and their inherent risks also will be discussed.  Time will be allowed for questions from participants.  Educational programs may be specially arranged to provide participants the opportunity to learn more about specific dangers of substance abuse. 

Consent to Participate

Conditional to participation in intercollegiate athletics at Felician University, each student-athlete is be required to sign a consent form agreeing to undergo drug and alcohol testing and authorize release of test results in accordance with this policy (See Appendix D).  Failure to consent to or to comply with the requirements of this policy may result in loss of scholarship, suspension from practice and/or competition, or termination of eligibility to participate in intercollegiate athletics at Felician University.  Each student-athlete is provided with a copy of this policy and is required to participate in an informative session describing the alcohol, tobacco, and other drug education and testing policies.  

Alcohol Policy

Felician University prohibits the use of alcohol.  It is the responsibility of every member of the Felician University community to know the risks associated with alcohol use.  This responsibility obligates student-athletes to know relevant university policies and federal, state, and local laws and to conduct themselves in accordance with these laws and policies.  In addition, a “dry recruitment” policy exists.  Prospective student-athletes visiting campus and socializing with current students are expected to participate in all activities without the influence of alcohol.  It should be understood that possession or consumption of alcoholic beverages by individuals under the age of 21 is a violation of state liquor laws.  Likewise, it is illegal for anyone to supply alcoholic beverages to persons under the age of 21.  The discovery of a violation of the alcohol policy will result in disciplinary action. 

Tobacco Policy

All game personnel at Felician University (e.g. student-athletes, coaches, trainers, managers, and game officials) are prohibited from using tobacco products during practice and competition.  The discovery of a violation of the Tobacco Policy will result in disciplinary action. 

Other Prohibited Drugs/Substances

The drug screening process may include analysis of, but is not limited to, the list of banned-drug classes, which can be found in Appendix A.  Other prohibited substances that Felician University may screen for include alcohol, hallucinogens, opiates, barbiturates, tranquilizers, MDMA (Ecstasy) and flunitrazepam (Rohypnol).  Felician University requires that all student-athletes keep the athletic training staff and/or team physician aware of any prescribed drugs that he/she may be taking.  Student-athletes are encouraged to contact The National Center for Drug Free Sport for questions or concerns regarding banned substances, including nutritional supplements. 

The Center’s web site is http://www.drugfreesport.com

Selected Types of Drug Testing

  1. Unannounced Random Testing

All student-athletes who have signed the Institutional drug-testing consent form and are listed on the institutional squad list are subject to unannounced random testing.  Student-athletes will be selected from the official institutional squad list by using a computerized random number program when available or a random blind draw from a complete grouping of the athlete’s names. 

  1. Reasonable Suspicion Screening

A student-athlete may be subject to testing at any time when, in the judgment of the Director of Athletics or his/her designee determines there is a reasonable belief to suspect the participant is using a prohibited drug.  Such reasonable suspicion may be based on information presented to the Director of Athletics or his/her designee by the Assistant Director of Athletics, Head Athletic Trainer, Assistant Athletic Trainer, Head Coach, Assistant Coach, or Team Physician.  Reasonable suspicion may be found, but not limited to:

  1. Observed possession or use of substances appearing to be prohibited drugs,
  2. Arrest or conviction for a criminal offense related to the possession or transfer of prohibited drugs – not necessarily for profit,
  3. Observed abnormal appearance, conduct or behavior that may cause someone to suspect use or abuse of a banned substance. Examples of such abnormal appearance or conduct or behavior may include, but is not limited to the following: decline in academic or athletic performance, missing class, falling asleep in class, significant weight gain or weight loss, lethargy, agitation or nervousness, short temper, acts of violence, or loss of friendships.

If suspected, the Director of Athletics or his/her designee will meet with the student and provide the participant with the Notice of Drug Testing Based on Reasonable Suspicion Form (Appendix C).  Once notified, the participant must stay with a member of their coaching staff, the athletics administration staff, or sports medicine staff, until an adequate specimen is produced. 

Note: The possession and/or use of illegal substances may be determined by means other than urinalysis.  When an individual is found to be in possession and/or using such substances, he/she will be subject to the same procedures that would be followed in the case of a positive urinalysis.           

  1. NCAA Qualifier Screening

Any participant qualifying for NCAA championship competition may be screened prior to participation in championship activities. 

  1. Re-entry Testing

A student-athlete who has had his/her eligibility to participate in intercollegiate athletics suspended may be required to undergo multiple re-entry drug and/or alcohol testing prior to regaining eligibility.  The Director of Athletics or his/her designee shall arrange for re-entry testing after the counselor or specialist involved in the student-athlete’s case indicates that re-entry into the intercollegiate athletics program is appropriate. 

  1. Follow-up Testing

A student-athlete who has returned to participation in intercollegiate athletics following a positive drug test under this policy may be subject to follow-up testing.  Testing will be unannounced and will be required at a frequency determined by the Director of Athletics or his/her designee involved in the student-athlete’s case.

Notifications and Reporting for Collections

Drug testing may occur at any time throughout the academic year.  The student-athlete will be notified of and scheduled for testing by the institution.  The Director of Athletics or his/her designee will notify the student-athlete of the date and time to report to the collection station and will have the student-athlete read and sign the Student-Athlete Notification of Drug Testing Form. 

The Director of Athletics or his/her designee must be in the collection station to certify the identity of the student-athletes selected.  The Director of Athletics or his/her designee must remain in the collection station until all student-athletes have completed the collection process. 

Student-athletes shall provide picture identification when entering the drug-testing station. 

Specimen Collection Procedures

Felician University has two (2) alternatives to collecting specimen samples.  The first alternative is an In-House Screen Testing which will be administered by Felician University personnel authorized by and including the Director of Athletics or his/her designee and the Head Athletic Trainer.  The second alternative is testing administered by an Approved Collector through The National Center for Drug Free Sport. 

Approved Collector Testing

Only the Director of Athletics or his/her designee and those persons authorized by the approved collector will be allowed in the collection station.

  • The approved collector may release a sick or injured student-athlete from the collection station or may release a student-athlete to return to competition or to meet academic obligations only after appropriate arrangements for having the student-athlete tested have been made and documented on the Student-Athlete Notification Form.
  • Upon entering the collection station, the Director of Athletics or his/her designee will identify the student-athlete. When ready to urinate, the student-athlete will wash their hands and select a sealed beaker from a supply of such and will record his/her initials on the beaker’s lid.  A trained approved collector will monitor the furnishing of the specimen by observation in order to assure the integrity of the specimen until a specimen of at least 85 mL is provided.
  • Once a specimen of at least 85 mL is provided, the student-athlete is responsible for keeping the collection beaker closed and controlled.
  • Fluids and foods given student-athletes who have difficulty voiding must be from sealed containers (certified by the approved collector) that are opened and consumed in the collection station. These must be free of any banned substances.
  • If the specimen is incomplete, the student-athlete must remain in the collection station until the sample is completed. During this period, the student-athlete is responsible for keeping the collection beaker closed and controlled.
  • The laboratory will make final determination of specimen adequacy.
  • If the laboratory determines that a student-athlete’s specimen is inadequate for analysis, at the institution’s discretion, another specimen may be collected.
  • If a student-athlete is suspected of manipulating specimens (e.g., via dilution, adulteration, substitution), the participant will be deemed to have refused to submit to testing and treated as if the test were positive for a banned substance. Felician University will have the authority to perform additional tests on the student-athlete.
  • Once a specimen has been provided, the student-athlete will select a specimen collection kit and a uniquely numbered Student-Athlete Signature Form from a supply of such.
  • The approved collector who monitored the furnishing of the specimen by observation will sign the Student-Athlete Signature Form.
  • The student-athlete will pour approximately 60 mL of the specimen into the “A” vial and the remaining amount (approximately 25 mL) into the “B” vial.
  • The student-athlete will place the cap on each vial; the approved collector will then seal each vial in the required manner under the observation of the student-athlete and witness (if present).
  • The laboratory’s copy of the Student-Athlete Signature Form shall not contain the name of the student-athlete.
  • All sealed specimens will be secured in a shipping case. The approved collector will put the laboratory copy of the Student-Athlete Signature Form in the case, and prepare the case for forwarding.
  • The student-athlete and witness (if present) will sign the Student-Athlete Signature Form, certifying that the procedures were followed as described in the protocol. Any deviation from the procedures must be described and recorded on the Student-Athlete Signature Form at that time.  If deviations are alleged, the student-athlete will be required to provide another specimen.
  • The approved collector will sign the Student-Athlete Signature Form, give the student-athlete or a designee a copy and secure all remaining copies. The compiled Student-Athlete Signature Forms constitute the “Master Code” for that drug testing.
  • After the collection has been completed, the specimens will be forwarded to the laboratory and all copies of all forms forwarded to the designated persons.
  • Failure to sign the Student-Athlete Notification Form or the Student-Athlete Signature Form, arrive at the collection station at the designated time without justification, or provide a urine specimen according to protocol is cause for the same action(s) as evidence of use of a banned substance. The Director of Athletics or his/her designee will inform the student-athlete of these implications (in the presence of witnesses) and record such on the Student-Athlete Notification Form.  If the student-athlete is not available, he/she will be considered to have withdrawn consent and will be ineligible on that basis.
  • When an approved collector from The National Center for Drug Free Sport administers the drug testing, Felician University will follow their guidelines and procedures for testing. Therefore the above description is subject to change based on their protocol.

In-House Screen Testing

The procedures for the Approved Collector Testing will be followed with the following exceptions:

  • When ready to urinate, the student-athlete will select a sealed screen test from a supply of such and will follow the instructions on the screen test in recording initials and/or identification.
  • The amount of specimen needed will correlate to the amount specified on the screen test.
  • Fluids and food given student-athletes who have difficulty voiding must be from sealed containers (certified by the Director of Athletics and/or Head Athletic Trainer) that are opened and consumed in the station. These items must be free of banned substances.
  • Once a specimen is provided, the student-athlete will follow instructions from the screen test and close the lid with the required test strips in place.
  • Once the specimen is given to the Director of Athletics and/or Head Athletic Trainer, the student-athlete will select a Student-Athlete Signature Form from a supply of such.
  • The student-athlete will sign the Student-Athlete Signature Form, certifying that the procedures were followed as described in the protocol. Any deviation from the procedures must be described and recorded on the Student-Athlete Signature Form at that time.  If deviations are alleged, the student-athlete will be required to provide another specimen.
  • After the collection has been completed, the specimen will be sent to an approved laboratory by The National Center for Drug Free Sport and evaluated.
  • The Director of Athletics and/or the Head Athletic Trainer who monitored the furnishing of the specimen will sign the Student-Athlete Signature Form. The Director of Athletics will then secure the Student-Athlete Signature Form.
  • Failure to sign the Student-Athlete Notification Form or the Student-Athlete Signature Form, arrive at the collection station at the designated time without justification, or provide a urine specimen according to the screen test protocol is cause for the same action(s) as evidence of use of a banned substance. If the student-athlete is not available, he/she will be considered to have withdrawn consent and will be ineligible on that basis.

Reporting Results

Urine samples will be collected and sent to an independent laboratory approved by The National Center for Drug Free Sport for analysis.  Each sample will be tested to determine if banned drugs are present.  In the event of a positive drug test, the results will be made available to the Director of Athletics, Head Athletic Trainer or his/her designee (e.g., institutional team physician, medical review official – MRO).

A test result confirmed as positive by the laboratory does not automatically identify the student-athlete as having engaged in prohibited drug or alcohol use.  Each positive test result will therefore be reviewed by the MRO who will determine if there is an acceptable explanation for the test result. 

If the laboratory reports a specimen as substituted or adulterated, the student-athlete will be deemed to have refused to submit to testing. 

All positive tests which are verified by the MRO and all reports of specimen adulteration or substitution shall be reported to the Director of Athletics and/or his/her designee, the Head Athletic Trainer, the student-athlete’s coach, and a substance abuse counselor.

Penalties

Refusal to sign a Consent Form, Notice of Drug Testing Form, and the Student-Athlete Signature Form prohibits a student-athlete from participating in any intercollegiate sport at Felician University.  Any athletic scholarship aid will be revoked at the earliest possible moment consistent with Felician University and conference rules.

Any student-athlete who is found guilty of serious criminal misconduct (e.g., drug trafficking, driving while impaired) will not be permitted to participate in any intercollegiate sport at Felician University.  Any athletic scholarship aid will be revoked at the earliest possible moment consistent with university and conference rules.

Any student-athlete who tests positive for a banned substance, fails to arrive or leaves before a specimen is given, or who refuses to submit to a required drug test as described in this policy is subject to the following sanctions:

First Offense

  • The student-athlete will be immediately suspended from participation (conditioning, weight training, practice, and competition) in any and all intercollegiate athletics at Felician University for a period of time up to and not exceeding one year from the date of testing.
  • The student-athlete will be required to attend a confidential meeting with the Director of Athletics and the student-athlete’s head coach. The student-athlete will be asked to discuss the nature and extent of his/her involvement with prohibited drugs and/or alcohol.
  • The student-athlete will be required to attend a confidential meeting with the Director of Athletics and the Vice-President for Student Affairs after the student-athlete tests positive for a banned substance.
  • The student-athlete will be required to see a counselor who shall determine the appropriate form(s) of intervention and rehabilitation needed by the student-athlete, based on the circumstances of the case.
  • The student-athlete will not be permitted to return to participation in intercollegiate athletics until he/she has complied with the counselor’s directions for treatment and has had a negative result on a re-entry drug and/or alcohol test.
  • If the student-athlete regains his/her eligibility to participate in intercollegiate athletics, he/she will be required to undergo unannounced follow-up testing(s).
  • Failing to comply with the counselor’s directions for treatment, having a positive result on a re-entry drug or alcohol test will be deemed as an additional offense for purposes of determining sanctions under this policy.

Second Offense

  • Upon a second positive test result, the student-athlete will be dismissed from the Felician University Department of Athletics program indefinitely and all existing Athletics financial aid will be terminated immediately.                     

Self-Referral Policy

A student-athlete who has engaged in prohibited drug or alcohol use is encouraged to seek assistance from the Department of Athletics by voluntarily disclosing his/her use. 

If the student-athlete seeks assistance prior to being identified as having violated this policy or being notified that he/she must undergo testing, the impermissible use will not be deemed an offense for purposes of determining sanctions under this policy; however, the student-athlete will be ineligible to participate (conditioning, weight training, practice, and competition) in intercollegiate athletics pending an evaluation.  A student-athlete is permitted to use the Self-Referral Policy only once during his/her intercollegiate athletics career at Felician University. 

  1. The student-athlete will be required to undergo an evaluation by a substance abuse counselor. The counselor shall determine the appropriate form(s) of intervention and rehabilitation needed by the student-athlete, based on the circumstances of the case.  The counselor will provide a summary of his/her findings and recommendations to the Director of Athletics.
  2. The student-athlete will not be permitted to return to participation in intercollegiate athletics until the counselor has interviewed the student-athlete following the conclusion of the recommended treatment (or stage of treatment, as applicable). The student-athlete will be required to undergo drug and/or alcohol testing as part of the re-entry evaluation.
  3. Failing to complete the treatment recommended by the counselor or having a positive result on a re-entry drug or alcohol test will be deemed a second offense under this policy.
  4. If the student-athlete regains his/her eligibility to participate in intercollegiate athletics, he/she may be required to undergo unannounced follow-up tests at the discretion of the Director of Athletics.

Appeal Process

Once the Director of Athletics or his/her designee has made the determination of the outcome of the drug test or the participant’s non-compliance with the institution’s policy, the participant will be notified in writing of such by the Director of Athletics or his/her designee.  The participant may request an appeal of the sanctions imposed.  The request for an appeal must be placed in writing to the Director of Athletics within 72 hours of the written notification from the Director of Athletics or his/her designee and it must include specific reasons for an appeal.  If an appeal is granted, a meeting will involve the participant with the Director of Athletics, Vice-President for Student Affairs, the participant’s head coach, and the Head Athletic Trainer.  A final decision will be made available in writing to the participant from the Director of Athletics or his/her designee within 72 hours of the appeal. 

Confidentiality

Every effort will be made to maintain the confidentiality of the student-athlete.  The program has been designed for the protection of all our participants as well as others associated with the athletics program.  Felician University is not a governmental/law enforcement agency.  However, the occasion could arise when Felician University is required, or asked, to cooperate with law enforcement agencies in legal action.  Under appropriate circumstances, these requests will be honored. 

Additional Information

If you have any questions regarding this program, please contact the Head Athletic Trainer:                       

Abbey Fallon, ATC
Head Athletic Trainer
Felician University
One Felician Way
Rutherford, NJ 07070

(201) 559-3502 (office)
(201) 559-3553 (fax)
fallona@felician.edu

The Department of Athletics increased the number of random screenings to two student-athletes from each intercollegiate team in the 2015 fall semester.  We implemented our previous recommendation for improvement by holding drug and alcohol education sessions twice during the academic year and to mandate each intercollegiate team perform community service programs in this subject matter. 

The Department of Athletics at Felician University randomly drug screened 26 student-athletes on four separate occasions in the 2015-16 academic year with one test coming back positive.  That student-athlete’s information was sent to the University’s Counseling Center to facilitate the athlete meeting with a counselor.  The student-athlete per the Department of Athletics drug and alcohol policy did not participate in any athletic related activities for one full year and was given a re-entry drug test prior to the return to participation.  The test came back negative.

In the 2016-17, the Department of Athletics once again tested the same amount of student-athletes at the same frequency as the year prior with no positive tests.

New Jersey State and Local Laws Regarding Alcohol Offenses and Penalties

State of New Jersey

The purchase and consumption of alcohol is a right extended by the State of New Jersey. The legal age to purchase and consume alcoholic beverages in the State of New Jersey is twenty-one. (N.J.S.A. 9:17b-1).

Possession or Consumption of Alcoholic Beverages in Public Places by persons under legal age (N.J.S.A. 2C:33-15)

Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, place of public assembly, or motor vehicle is guilty of a disorderly person’s offense and shall be fined not less than $500.

Purchase of Alcohol by/for the under aged (N.J.S.A. 33:1-81)

An under aged person who purchases or attempts to purchase alcohol, or who misstates his/her age, or a person of legal age who purchases alcohol for an under aged person faces a conviction of a disorderly persons offense, which incurs a fine of not less than $500 and loss of license for six months. In addition, under aged persons may be required to participate in a state-sponsored alcohol education program. 

Offering Alcoholic Beverages to Underage Person (N.J.S.A. 2C:33-17)

Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage is a disorderly person. This provision does not apply to certain close relatives, certain activities confined to the home, or if the consumption is part of a religious observance. 

Transfer of ID (N.J.S.A. 33:1-81.7)

Someone who is under aged and uses another person’s ID card to obtain alcohol, or someone of legal age who gives his/her ID card to an under aged person so that he/she can obtain alcohol, faces a fine of up to $300 or up to 60 days in jail. 

False ID (N.J.S.A. 2C:21-2.1 1d)

A person who knowingly possesses a document or other writing which falsely purports to be a driver’s license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information is guilty of a crime in the fourth degree. 

Host/Hostess Liability

Under a 1984 New Jersey Supreme Court decision, Kelly vs. Gwinnell, a host or hostess who serves alcoholic beverages to a guest, knowing that the guest is intoxicated and will soon be driving, can be held liable for injuries inflicted on a third party if that guest is involved in a motor vehicle accident. 

Driving While Intoxicated

Operating Motor Vehicles While Under the Influence of Intoxicants (N.J.S.A. 39:4-50)

A person is said to be legally drunk in New Jersey if his/her blood alcohol concentration is at or above .08%.

Penalties:  All persons convicted of DWI must pay an insurance surcharge of $1,000 per year for three years. In addition:

  • For the first offense, there are additional fines and charges of at least $470 (bringing the total minimum charges for a first offense to $3,470); loss of license for 7-12 months; and a requirement to spend 12-48 hours in an Intoxicated Driver Resource Center. A first-time offender also faces a possible 30-day jail term.
  • For a second offense, there are additional fines and charges of at least $720; loss of license for two years; a requirement to perform 30 days of community service and to spend 48 hours in an Intoxicated Driver Resource Center or jail. Also, there is a possible 90-day jail term.
  • For a third offense, additional fines and charges of at least $1,220; loss of license for 10 years; and a 180-day jail term. The insurance surcharge for a third-time offender is $1,500 per year for three years. These fines and charges do not include court and legal fees.

Driving While License is Suspended Due to DWI (N.J.S.A. 39.3- 40)

If a person is found driving while his/her license is suspended due to a conviction for Driving While Intoxicated, that person upon conviction again shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days. 

Refusal to Take the Breathalyzer Test (N.J.S.A. 39:4-50.4a)

Refusal to take the breathalyzer test where there is probable cause for arrest for DWI will result in up to 10 year loss of license, a fine of $300-$1000, and an obligation to satisfy the requirements of an alcohol education or rehabilitation program. A person can also be convicted of DWI without the results of a breathalyzer test. In that case, s/he will suffer all the additional fines and penalties specified for the DWI conviction. 

Borough of Lodi, New Jersey

ORDINACE NO. 78-10

An ordinance prohibiting the consumption of alcoholic beverages in public and other places and providing penalties for the violation thereof.  Be it ordained, by the Municipal council of the Borough of Lodi, in the county of Bergen and State of New Jersey as follows:

SECTION 1:  No person shall consume, drink, or imbibe or offer to another for consumption, drinking or imbibing, any alcoholic beverages in or upon

(d)  Any private property not his or her own, without the express permission of the owner or other person having authority to grant such permission

SECTION 3:  For violation of any provision of this Ordinance, the maximum penalty shall, upon conviction of a violation, be a fine not exceeding Five Hundred ($500.00) Dollars, or imprisonment in the County Jail for a period not exceeding ninety (90) days or both, at the discretion of the court. 

Borough of Rutherford, New Jersey

7-8. Consumption; possession of open containers.

  1. No person shall drink or have in his possession any open container of alcoholic beverage in any public or quasi-public place or while in or on a public street or thoroughfare or while in a parked vehicle on any street or public thoroughfare in the Borough of Rutherford.
  2. Every person who drinks or has in his possession an open container or any alcoholic beverages in any public or quasi-public place or on a public street or thoroughfare in the Borough of Rutherford shall, upon conviction, be subject to a fine of $50 for the first offense or violation and, in default of payment thereof, be imprisoned in the county jail for a period not exceeding 30 days, in the discretion of the court.
  3. Every person who drinks or has in his possession an open container or any alcoholic beverages in any public place or quasi-public place or on a public street or thoroughfare in the Borough of Rutherford shall, upon conviction, be subject to a fine of $100 for the second and each subsequent offense or violation and, in default of payment thereof, be imprisoned in the county jail for a period not exceeding 30 days, in the discretion of the court.

7-9. Prohibited transfers to minors.

  1. It shall be unlawful for any person to sell, distribute, transfer, give or by any other means supply any beer, wine, alcohol or alcoholic beverage to any person under the legal age to purchase alcoholic beverages in any public or quasi-public place or while in or on a public street or thoroughfare or while in a parked vehicle on any street or public thoroughfare in the Borough of Rutherford, except such transfers between a parent and his minor child.
  2. Every person who violates the provisions of Subsection A above shall, upon conviction thereof, be subject to a fine in an amount not exceeding $500 for each offense or violation or be imprisoned in the county jail for a period not exceeding 30 days in the discretion of the court.

7-21. Restrictions on minors.

  1. Persons under the legal age for purchasing alcoholic beverages shall not be allowed in any room in which any bar is located unless accompanied by a parent or guardian.
  2. No sale of alcoholic beverage for consumption on the licensed premises shall be made to any person under the legal age for purchasing alcoholic beverages.

New Jersey State and Federal Laws and Vocabulary Regarding Drug Offenses and Penalties 

State of New Jersey

N.J.S.A. 2C:35-3, Leader of Narcotics Trafficking Network: provides penalties for a person found to have acted as an organizer, supervisor, manager or financier of a scheme distributing any Schedule I or II drug. 

N.J.S.A. 2C:35-4, Maintaining or Operating a Controlled Dangerous Substance (CDS) Production Facility: provides that such conduct is a first degree crime punishable by imprisonment and fines. 

N.J.S.A. 2C:35-5, Manufacturing, Distributing, or Dispensing: provides that such conduct results in imprisonment and fines. 

N.J.S.A. 2C:35-6, Employing a Juvenile in a Drug Distribution Scheme: provides that such conduct is a second degree crime punishable by imprisonment and fines. 

N.J.S.A. 2C:35-9, Strict Liability for Drug-Induced Death: provides that such a situation is a first degree crime, same as murder, but no intent need be shown, only that death resulted as a result of the use of a drug supplied by the defendant. 

N.J.S.A. 2C:35-10, Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition: provides that such conduct carries penalties of imprisonment and fines. 

N.J.S.A. 2C:35-11, Imitation Controlled Dangerous Substance (CDS); Distribution, Possession, Manufacture, etc; Penalties: provides that dispensing or distributing a substance falsely purported to be a CDS is a third degree crime, and can carry a fine up to $200,000. 

Possession of anabolic steroids is a third degree crime.

Paraphernalia: Drug paraphernalia is defined “ ...all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance... including... roach clips... bongs... pipes...” 

N.J.S.A. 2C:36-2, Use or Possession with Intent to Use, Disorderly Persons Offense: provides that such conduct carries a disorderly persons offense. 

N.J.S.A. 2C:36-3, Distribute, Dispense, Possess with Intent to Distribute or Manufacture, Crime of Fourth Degree: provides that such conduct is a fourth degree crime. 

N.J.S.A. 2C:36-5, Delivering Paraphernalia to Person Under Eighteen Years of Age, Crime of Third Degree: provides that such conduct constitutes a third degree crime. 

N.J.S.A. 2C:36-6, Possession or Distribution of Hypodermic Syringe or Needle: provides that such conduct constitutes a disorderly persons offense. 

Federal Drug Offenses

The criminal offenses most commonly charged under the Federal Controlled Substances Act are the knowing, intentional and unauthorized manufacture, distribution or dispensing of any controlled substance or the possession of any controlled substance with the intent to manufacture, distribute or dispense. Federal law also prohibits the knowing, intentional and unauthorized creation, distribution, dispensing or possession with the intent to distribute or dispense a “counterfeit substance.”  Simple possession without necessarily an intent to distribute is also forbidden by Federal law and carries a penalty of imprisonment. Attempts and/or conspiracies to distribute or possess with intent to distribute a controlled substance are crimes under Federal law. 

Specific drug crimes that may carry greater penalties include the following:

  • The distribution of narcotics to persons under 21;
  • The distribution or manufacturing of narcotics near schools and universitys;
  • The employment of juveniles under the age of 18 in drug trafficking operations;
  • The distribution of controlled substances to pregnant women.

The penalties for violating Federal narcotics statutes vary. The penalties may be more severe based upon two principal factors:

  • The type of drug involved; and
  • The quantity of the drug involved.

With the exception of simple possession charges which result in up to one year imprisonment, maximum penalties for narcotic violations range from 20 years to life in prison. Certain violations carry mandatory minimum prison sentences of either five years or ten years. Harsher penalties will be imposed if a firearm is used in the commission of a drug offense. If a drug offense results in death or serious bodily injury to an individual who uses the drug involved, the penalties are harsher. 

Anabolic steroids are controlled substances and distribution or possession with intent to distribute carries a sentence of up to five years and a $250,000 fine. 

Overdose Prevention Act

An Act concerning opioid antidotes and overdose prevention, and supplementing Title 24 of the Revised Statutes and Title 2C of the New Jersey Statutes. 

 Be It Enacted by the Senate and General Assembly of the State of New Jersey: 

C.24:6J-1 Short title.

  1. This act shall be known and may be cited as the “Overdose Prevention Act.”

C.24:6J-3 Definitions relative to overdose prevention.

  1. As used in this act:

     “Commissioner” means the Commissioner of Human Services.

     “Drug overdose” means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to require medical assistance.

     “Medical assistance” means professional medical services that are provided to a person experiencing a drug overdose by a health care professional, acting within the scope of his or her lawful practice, including professional medical services that are mobilized through telephone contact with the 911 telephone emergency service.

     “Opioid antidote” means naloxone hydrochloride or any other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

     “Health care professional” means a physician, physician assistant, advanced practice nurse, or other individual who is licensed or whose professional practice is otherwise regulated pursuant to Title 45 of the Revised Statutes, other than a pharmacist, and who, based upon the accepted scope of professional authority, prescribes or dispenses an opioid antidote.

   “Patient” includes a person who is not at risk of an opioid overdose but who, in the judgment of a physician, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by section 5 of this act on the indications for and administration of an opioid antidote. 

C.2C:35-30 Immunity from liability, certain circumstances, for persons seeking medical assistance for someone experiencing a drug overdose.

  1. a. A person who, in good faith, seeks medical assistance for someone experiencing a drug overdose shall not be:

     (1)   arrested, charged, prosecuted, or convicted for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of, a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;

     (2)   arrested, charged, prosecuted, or convicted for inhaling the fumes of or possessing any toxic chemical pursuant to subsection b. of section 7 of P.L.1999, c.90 (C.2C:35-10.4);

     (3)   arrested, charged, prosecuted, or convicted for using, obtaining, attempting to obtain, or possessing any prescription legend drug or stramonium preparation pursuant to subsection b., d., or e. of section 8 of P.L.1999, c.90 (C.2C:35-10.5);

     (4)   arrested, charged, prosecuted, or convicted for acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;

     (5)   arrested, charged, prosecuted, or convicted for unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to P.L.1998, c.90 (C.2C:35-24);

     (6)    arrested, charged, prosecuted, or convicted for using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for having under his control or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6;

     (7)   subject to revocation of parole or probation based only upon a violation of offenses described in subsection a. (1) through (6) of this section, provided, however, this circumstance may be considered in establishing or modifying the conditions of parole or probation supervision.

  1. The provisions of subsection a. of this section shall only apply if:

     (1)   the person seeks medical assistance for another person who is experiencing a drug overdose and is in need of medical assistance; and

     (2)   the evidence for an arrest, charge, prosecution, conviction, or revocation was obtained as a result of the seeking of medical assistance.

  1. Nothing in this section shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of this act or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to this act.  Nothing in this section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law.  Nothing herein shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection a. of this section.  Nothing in this section shall be construed to limit, modify or remove any immunity from liability currently available to public entities or public employees by law.

C.2C:35-31 Protections for certain persons experiencing a drug overdose.

  1. a. A person who experiences a drug overdose and who seeks medical assistance or is the subject of a good faith request for medical assistance pursuant to section 4 of this act shall not be:

     (1)   arrested, charged, prosecuted, or convicted for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of, a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;

     (2)   arrested, charged, prosecuted, or convicted for inhaling the fumes of or possessing any toxic chemical pursuant to subsection b. of section 7 of P.L.1999, c.90 (C.2C:35-10.4);

     (3)   arrested, charged, prosecuted, or convicted for using, obtaining, attempting to obtain, or possessing any prescription legend drug or stramonium preparation pursuant to subsection b., d., or e. of section 8 of P.L.1999, c.90 (C.2C:35-10.5);

     (4)   arrested, charged, prosecuted, or convicted for acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;

     (5)   arrested, charged, prosecuted, or convicted for unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to P.L.1998, c.90 (C.2C:35-24);

     (6)    arrested, charged, prosecuted, or convicted for using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for having under his control or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6;

     (7)   subject to revocation of parole or probation based only upon a violation of offenses described in subsection a. (1) through (6) of this section, provided, however, that this circumstance may be considered in establishing or modifying the conditions of parole or probation supervision.

  1. The provisions of subsection a. of this section shall only apply if the evidence for an arrest, charge, prosecution, conviction or revocation was obtained as a result of the seeking of medical assistance.
  2. Nothing in this section shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of this act or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to this act.  Nothing in this section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law.  Nothing herein shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection a. of this section.  Nothing in this section shall be construed to limit, modify or remove any immunity from liability currently available to public entities or public employees by law.

L.2013, c.46, s.8. 
Current as of: 2016

 9-1-1 Lifeline Legislation

AN ACT concerning persons under the legal age to possess and consume alcoholic beverages, amending P.L.1979, c.264, and supplementing P.L.2000, c.33.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

 C.40:48-1.2a Immunity from prosecution; certain circumstances.

  1. a. An underage person and one or two other persons shall be immune from prosecution under an ordinance authorized by section 1 of P.L.2000, c.33 (C.40:48-1.2) prohibiting any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property if:

(1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;

(2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

(3) the underage person was the first person to make the 9-1-1 report; and

(4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

  1. The underage person who received medical assistance as provided in subsection a. of this section also shall be immune from prosecution under an ordinance authorized by section 1 of P.L.2000, c.33 (C.40:48-1.2).
  2. This act shall take effect immediately.

Approved October 1, 2009.

Health Risks Associated With the Use of Illicit Drugs and Alcohol

These brief summaries are an overview of the major health risks associated with the use of illicit drugs and alcohol. Abuse of alcohol and other drugs can lead to chemical dependency, increased tolerance, deterioration of relationships with family, friends, and co-workers, and can be harmful during pregnancy.

 Alcohol

  • Alcohol is a depressant that decreases the responses of the central nervous system;
  • Excessive drinking can cause liver damage and psychotic behavior;
  • As little as two beers or drinks can impair coordination and thinking;
  • Alcohol continues to be the most frequently abused substance among young adults.
  • Risk of injury or death as a result of accident or violence;
  • Impaired vision and motor coordination, memory defects, hallucinations, blackouts, and seizures;
  • Long-term use can result in permanent damage to the brain, elevated blood pressure and heart rate, risk of stroke, heart failure, increased risk of mouth and throat cancer, impaired judgment and verbal ability, and inability to concentrate.

Alcohol is an especially dangerous drug for pregnant women. Drinking during pregnancy raises the risk of low-birth weight babies and intrauterine growth retardation, increasing the danger of infection, feeding difficulties, and long-term developmental problems.

Marijuana

Also known as: Pot, Grass, Joints, Roaches, Reefer, Weed, Mary Jane

  • Marijuana may cause impaired short-term memory, a shortened attention span and delayed reflexes;
  • During pregnancy, marijuana may cause birth defect;
  • Marijuana may cause increased heart rate and pulse, breathing problems, relaxed inhibitions, and disoriented behavior;
  • Increased risk of mouth, throat, and lung cancer;
  • Long-term use has been linked to increased anxiety, panic attacks, paranoia, and hallucinations;
  • Contains THC (delta-9-tetrahydrocannabinol), the main active chemical in marijuana, as well as 400 other chemicals;
  • THC content of marijuana has been increasing since the 1970s.

Cocaine

Also known as: Coke, Dust, Snow, Flake, Blow, Girl

  • Cocaine has a high risk of addiction and dependence;
  • Cocaine use may cause severe "mood swings" and irritability, paranoia, anxiety, depression, delusions, and psychosis;
  • Cocaine increases your blood pressure and heart rate, and can lead to respiratory failure, lung disorders, irregular heartbeat, heart attack, and strokes;
  • Fetal cocaine effects include premature separation of the placenta, spontaneous abortion, premature labor, low birth weight, greater chance of visual impairment, mental retardation, and developmental problems;
  • For intravenous (IV) cocaine users, there is increased risk of hepatitis, HIV infection, and endocarditis.

Crack cocaine

Also known as: Freebase rocks, Rock

  • Crack is almost instantly addictive, and one use could cause fatal heart attack;
  • Repeated use may cause insomnia, hallucinations, seizures, paranoia, and psychosis;
  • There are more hospitalizations per year resulting from crack and cocaine use than any other illicit substance.

Barbiturates

  • Barbiturates are central nervous system depressants;
  • Use may cause poor muscle control, slurred speech, appear drowsy or drunk, confusion, irritability, inattentive or slowed reactions, staggering gait, and altered perception;
  • Doses taken in combination with other central nervous system depressants (e.g., alcohol) cause respiratory depression, coma and sometimes death.

Methamphetamine

Also known as: Meth, Crystal, Crank, Ice

  • Methamphetamine is extremely addictive even after only one use;
  • Can cause convulsions, heart irregularities, high blood pressure, depression, restlessness, tremors, severe fatigue;
  • Prolonged use can lead to skin ulcerations and infection, paranoia, irritability, anxiety, blood vessel constriction, heart attack, and stroke;
  • Use while pregnant can cause premature labor, detachment of the placenta, low birth weight, and possible neurological damage;
  • Intravenous (IV) users are at high risk of AIDS/HIV, hepatitis, infections and sores at the injection site, and infection of the heart lining and valves (endocarditis).

Hallucinogens

Types Include: PCP, LSD, Mescaline, Peyote, Psilocybin

  • One use of LSD or PCP can cause multiple and dramatic behavioral changes;
  • Hallucinogens can result in increased body temperature and blood pressure, sleeplessness, appetite loss, and tremors;
  • Prolonged use has been shown to cause anxiety, depression, panic attacks, paranoia, and psychotic behavior;
  • Large doses of hallucinogens may cause convulsions, ruptured blood vessels in the brain and irreversible brain damage;
  • Many hallucinogens cause unpleasant and potentially dangerous "flashbacks," long after the drug was used.

MDMA (3-4-Methylenedioxymethamphetamine)

Also known as: Ecstasy, E, X, XTC, Molly (in powder form)

  • Synthetic chemical drug with effects similar to those of amphetamines and hallucinogens;
  • Short-term effects include psychological difficulties including confusion, depression, sleep problems, severe anxiety, and paranoia, which occur during and even weeks after use;
  • Physical problems that can occur are muscle tension, involuntary teeth clenching, nausea, blurred vision, rapid eye movement, fever, chills or sweating;
  • Long Term Effects have been found to include memory loss and serotonin depletion which is a chemical in the brain that regulates mood, sleep habits, thought and behavior process, sexual function, and sensitivity to pain.

Opioids and Opiates

Types Include: Heroin, Codeine, Morphine, Opium, Fentanyl, Oxycodone

  • Opiates are naturally occurring organic compounds while opioids are synthetically created;
  • Very high level of physical and psychological dependence, where the body needs the narcotic to achieve a level of homeostasis or there is an overwhelming feeling to use the drug;
  • Side effects include nausea, sedation, itching, chest pain, and can result in death
  • Physical withdrawal from both opioids and opiates include severe back, abdominal, and joint pain, nausea, vomiting, intense drug craving, insomnia, extreme anxiety, and depression which can last an average of seven days
  • Overdose can lead to blood clots, stroke, heart attack, respiratory paralysis, and death.

Strengths and Weaknesses of Felician University Alcohol and Other Drug Abuse Prevention Program

Strengths

  • Extensive revisions with University policy and procedures have been adopted and implemented and new Residence Life staff hired to ensure compliance and consistency
  • Methods for notification and distribution of policy and procedures and on-line education for faculty/ staff and students were established, implemented, and have become consistent
  • Research conducted to switch our on-line education platform from Workplace Answers for employees and AlcoholWise for students to EverFi programs for all
  • Campus-wide programming for drug and alcohol abuse prevention has significantly increased with focused collaboration and support among University gatekeepers
  • College Task Force survey was implemented, and the results were used to plan new relevant programming.
  • Revised the Student Handbook to include an extended section on the Felician University Alcohol and Other Drug Abuse Prevention Program containing health risks associated with alcohol and other drug use and local, State, and Federal Laws
  • Implemented stronger programming on Thursday evenings throughout each semester to provide students with alternative activities to recreational alcohol consumption and drug use.
  • Increased drug and alcohol education sessions twice during the academic year within athletics and mandate each intercollegiate team perform community service programs on this subject matter
  • Seek to expand funding to further support our efforts with the Felician University Alcohol and Other Drug Abuse Prevention Program through collaboration with community partners
  • Continued maintenance of Felician University websites to ensure that all links are up-to-date and that new ones are added to continue best practices
  • Created a Felician University alcohol and other drug free logo to be used on all advertisements for campus events for students, as a way of promoting and supporting healthy alternative programming
  • Orientation, FYE Classes, Athletics, and Student Leader Trainings are incorporated into our campus culture
  • The Felician University Department of Athletics has overcome previous difficulties in implementing and enforcing the guidelines set forth in a number of their policies, including their Alcohol Policy, Tobacco Policy, Drug Testing procedures and reporting

Weaknesses

  • Financial constraints continue to be problematic with personnel being stretched to do more with less by fewer staff
  • Task Force membership for the Biennial Review has not been consistent with several leaving the University, and new staff coming on board with limited knowledge of what has been done or been effective in the past. Staff turnover led to inconsistent implementation and missing data.
  • Assessment of effectiveness of programming efforts needs to be regularly and consistently assessed.

Recommendations for the Felician University Alcohol and Other Drug Abuse Prevention Program

It is recommended that the following be addressed for the subsequent review period:

  • Continue implementation of student focus groups to gain greater understanding about the needs of our student body
  • Examine the implications on our campus of the possibility of the legalization of the recreational use of marijuana in New Jersey
  • Evaluation of the Felician University Alcohol and Other Drug Abuse Prevention Program and all its individual programs to verify effectiveness
  • Education and development programming for the faculty and staff to increase awareness and procedure of working with students who suffer from both alcohol and other drug issues as well as mental health issues
  • To have exiting employees submit their portions of Biennial Review data and programming prior to departure so tabulation is not so difficult for those who are also new and left behind to write report when it is due
  • Encourage Res Life CARES model of programming to include substance education as a mandatory category.

 Appendix A - Semester Programming Calendars

 Appendix B - College Task Force Survey Summary

School: Felician University                        Survey Date: November 2016                          Participants: 403

  1. Demographics:

 Gender

 Male

19.5%

78

Female

80.50%

322

Total Respondents

100%

403

 Ethnicity 

Caucasian/White

43.07%

171

Hispanic

29.72%

118

Black/African American

17.63%

70

Asian

9.57%

38

Bi-Racial

4.28%

17

Other

0.25%

1

Native Hawaiian Pacific Islander

1.01%

4

Middle Eastern

0.76%

3

Native American/Alaskan

0.50%

2

Total Respondents

98.51%

397

 Age

18-20 years old

55.14%

220

21-25 years old

27.57%

110

Older than 25

17.29%

69

Total Respondents

99.00%

399

Enrollment Status

Full time (12 + credits)

87.66%

348

Part Time (<12 credits)

12.34%

49

Total Respondents

98.51%

397

Enrollment Level 

Freshman

28.93%

116

Sophomore

23.44%

94

Junior

18.45%

74

Senior

14.46 %

58

Graduate Student

11.72%

47

Other

2.99%

12

 

Total Respondents

99.50%

401

Before attending college participants lived in

USA

94.44%

340

Philippines

1.38%

5

Central/South America

1.66%

6

Europe

0.83%

3

Africa

0.55%

2

Russia

1.11%

4

Total

Permanent Residence:

New Jersey

 Bergen

86

Essex

45

Union

11

Ocean

5

Hudson

20

Sussex

10

Somerset

4

Middlesex

21

Monmouth

6

Warren

4

Morris

7

Mercer

3

Hunterdon

1

Gloucester

1

Burlington

3

Passaic

49

Atlantic

2

NJ No County

32

 Pennsylvania 

Berks

1

Montgomery

1

Philadelphia

a

 New York

Nassau

5

Rockland

6

Orange

1

Queens

2

Ulster

1

Kings

1

Westchester

3

New York – No County

4

California 

Orange

1

Riverside

1

Imperial

1

LA

1

Other

Fairfield, Connecticut

2

Florida

2

Baltimore, Maryland

1

Harford, Maryland

1

 **The majority of the students (49.49%) reported having a GPA between 3.0-3.74.

 Alcohol Attitudes and Behaviors

Out of the 366 participants that answered the question about experiencing the negative consequences of drinking, 126 participants admitted that they drank. 30.15% (38) of participants admitted to blacking out after drinking. 20.63% (26) of participants admitted to engaging in unprotected sex. 5.55% of the respondents reported being sexually assaulted or being the victim of sexual contact that was unwanted or forced on occasion where they drank alcohol. 34.13% (43) of participants reported driving with an impaired driver or driving after drinking.

Participants (n=195) reported that they most often drink alcohol at home (66.67%; 130), at bars/restaurants/club in Bergen County (29.74%; 58), and at other college campuses (26.67%; 52). 14.36% (28) of participants reported drinking in on campus housing and 14.36% (28) of participants reported drinking in off campus housing.

While a little more than half (58.59%; 116) of the participants reported being of legal age to purchase alcohol themselves, 36.87% (73) reported getting alcohol at social functions/parties and 26.77% (53) reported having a friend buy it for them. 

21.61% (43) of the participants reported drinking 4-5/or more drinks over the time period of 2-3 hours. 27.63 % (55) of the participants reported drinking 4-5 drinks in under 2 hours. Out of the participants that answered this question (199), 49.25% (98) of the participants have met the criteria for binge drinking at least once. Note: Binge drinking is defined as 4 drinks for women and 5 drinks for men—in about 2 hours.

The majority of the participants (72.86%, 145) report not drinking on a weekly basis. 12.56% (25) of participants drink 2 nights a week.

The three most common types of alcoholic beverages consumed are: Liquor (63.96%; 125), wine (48.73%; 96), and beer (44.16%; 87).

93.37% (196) of participants report engaging in harm reduction behavior (such as alternate drinks with water, eat before drinking, limit how fast you drink, limit how much you drink, using a designated driver, etc.) when they drink. 61.14% (118) report doing this always.

When asked about perception of harm, 67.91% (237) of the participants reported being a very low risk of serious harms to themselves (i.e. drunk drinking, accidents, body injury, liver damage, etc.)

When asked about their beliefs about drinking alcohol most participants (40.91%; 144) reported that drinking is alright but a person should never get drunk. 36.65% of participants (129) report that occasionally getting drunk is okay. While 21.88% (77) of participants believe drinking is never a good thing. Most participants (68.47%; 228) believed that it there was a moderate to good chance that someone under the age of 21 would get in trouble for consumption or possession of alcohol.

54.86% of participants (192) report that it does not matter if there is alcohol available when hanging out with friends or at parties. 30.86% (108) reported that they do not prefer alcohol in those situations.

93.70% (327) of participants reported that they do not believe that people who get drunk have more fun than people who don’t. 94. 80% (328) of the participants report that they believe they can have just as much or more fun when not drinking. And 98.85% (344) report that they would support a friend that chooses not to drink.

The majority of participants did not think it was difficult for underage students to purchase alcohol near the school. 31.53% (105) reported it would be moderately difficult and 42.64% (144) reported that it would be not very difficult or not difficult at all.

Open ended responses for experiences when drinking alcohol are: “smart fun dancing in bars”, “throwing up”, and “medical reasons.”

  • Marijuana Attitudes and Behaviors

In the past year, 13.91% (47) of participants reported using marijuana. In the past month, 10.03%

(34) of participants reported using marijuana. Frequency of use was pretty even across all of the answer choices (i.e. daily, weekly, every other week, just once). On the days that participants did use, 48.57% (17) reported using marijuana once and 37.14% (13) reported using marijuana twice.

 Out of them marijuana users, 83.33% (30) report using it with friends. 58.82% (20) report primarily using marijuana to relax and 26..47% (9) report using it for recreational purposes. 8.82% (3) report using it for pain management.

Only 6 participants (1.79%) report purchasing their marijuana from a medical dispensary.

The majority of the students (61.06%, 207) reported that they believed that using marijuana is never a good thing, while 33.04% (112) reported that occasional marijuana use is okay.

  1. Prescription Drug Attitudes and Behaviors

2.07% (7) of respondents reported using a prescription drug without a prescription in the last year and 1.47% (5) reported using in the last month.

93.37% (310) of respondents reported that using prescription drugs without a prescription is never okay. Out of the participants that reported using prescription drugs without a prescription (22), 59.09% (13) reported that they got them from friends and 27.27% (6) reported that they get them from a parents’/guardians’/friends’ stash.

3.93% (13) of the participants report that they believe getting high by using prescription drugs is safer than using illegal drugs to get high.

  1. Other Drug Attitudes and Behaviors

9.44% (32) of participants reported using a tobacco product in the last month and 10.65% (36) reported using tobacco products in the last year.

0% of participants reported using heroin in the last year or last month.

1.48% (5) of the participants reported using another drug such as crack/cocaine, molly, synthetic drugs, or methamphetamine over the last year and 0.88% (3) of the participants reported use over the last month.

When asked if they preferred having drug available when you hang out with friends, 83.03% (274) of participants answered no and 16.36% (54) answered that it didn’t matter. When asked about drugs being available at parties they attend, 58.79% (194) of participants answered no, 12.73% (42) answered that it didn’t matter and 27.58% (91) answered that they don’t attend parties.

43.77% of respondents say they are aware of New Jersey’s 911 Lifeline Legislation Law. 43.87% are aware of the Overdose Prevention Act. 71.87% are unaware if Felician has its own Good Samaritan Policy.

59.88% reported that they know who or where to go at the school to educate yourself or others about alcohol and substance abuse.

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Report Compiled by: Stephanie Drag, MA

Contact information: 201-740-7096 / sdrag@cafsnj.org