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Sanctions/Penalties

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Sanctions/Penalties

Full Drug Free Schools Act Memo (.pdf 77 KB)

Sanctions for Students Violating Clarkson Drug and Alcohol Policy

  • Possession and Consumption of Alcohol by a Person Under 21
  • Public Possession and Consumption of Alcohol by Anyone Without A.R.C. Approval

For violation of the two preceding categories

  • 1st violation – (Residential Director) RD written or documented warning and confiscation of all alcohol in possession, possible referral for counseling evaluation
  • 2nd violation – confiscation of all alcoholic beverages in possession and referral to Deans office, which may result in disciplinary warning, monetary fine, notification of parents, community service, possible referral for counseling evaluation
  • All Subsequent Alcohol Possession and Consumption Violations
  • Serving Alcohol to Individuals Under 21
  • Selling Alcohol Without a Permit
  • Using Fraudulent Means to Purchase Alcohol
  • Any Violation of Drug Policy

For violation of the five preceding categories
Referral to Dean's office which may result in disciplinary reprimand, disciplinary probation, disciplinary suspension, disciplinary expulsion, notification of parents, and/or referral for prosecution. Other specific sanctions appropriate to the offense may also be imposed such as limited campus housing or driving privileges, monetary fine, counseling evaluation, etc.

The penalties for various alcohol-related offenses under the New York State Penal Law, Alcohol Beverage Control Law, and Vehicle and Traffic Law are summarized below. Note that all but possession are misdemeanors meaning that a criminal record will result and that fines may be subject to state surcharges.

Penalties for Alcohol-Related Offenses Under N.Y. Law

Driving While Ability Impaired (DWAI) (.05-.07 blood/alcohol content)

  • 1st offense - up to 15 days jail, $300-$500 fine, 90-day license suspension, 1-year revocation if under 21
  • 2nd in 5 yrs. - up to 30 days jail, $500-$750 fine, minimum 6-month license revocation
  • 3rd - up to 90 days jail, $750-$1,500 fine, minimum 6-month license revocation

Driving While Intoxicated (DWI) (.08 + blood/alcohol content)

  • 1st offense - up to 1 year prison, up to $1,000 fine, minimum 6-month license revocation, 1 year if under 21
  • 2nd in 10 yrs. - up to 4 years prison, up to $5,000 fine, minimum 1-year license revocation
  • 3rd in 10 yrs. - up to 7 years prison, up to $10,000 fine, minimum 1-year license revocation

Under Age 21, Driving After Consuming Alcohol (Zero Tolerance Law) (.02-.07 blood/alcohol content)

  • 1st offense - License suspension for at least six months, $125 civil penalty, $100 suspension termination fee
  • 2nd offense - Subsequent Offense - revocation for at least 1 year or until age 21 (which ever is longer), $125 civil penalty and $100 license re-application fee

Serving Alcohol To Persons Under 21

  • Under ABC law - up to 3 months in jail, up to $500 fine, 1 year probation
  • Under Penal law - up to 1 year in jail, up to $1,000 fine, 3 years probation

Fraudulent Attempt To Purchase Alcohol (using false ID or ID of another)

  • Under ABC law - up to 3 months in jail, up to $500 fine, 1 year probation
  • Under Penal law - up to 1 year in jail, up to $1,000 fine, 3 years probation
  • (If NYS license is forged, suspension is likely and other vehicle and traffic law charges may apply)

Possession of Alcohol By a Person Under 21

  • Up to $50 fine, possible community service