Public Safety: Alcohol and Other Drug Policies
The information in this Guide to Community Living does not constitute a contract. The College reserves the right to make changes in materials contained herein at any time with reasonable notice. For the purposes of this document, 48-hours will be considered reasonable, although more or less time may be dictated by circumstances. Updates and additional information may be sent to your campus mailbox, sent as an E-mail to your Ramapo College E-mail address, and/or posted on residence area bulletin boards.
Ramapo College of New Jersey is committed to providing a safe and healthy learning environment for all its members and one that maximizes the academic and social development of its students. The College believes that the health and safety of all its members, and especially the academic and social development of its students is negatively affected by the use of illegal drugs and the abuse and improper consumption of alcohol. It believes specifically that all students have the right to engage in academic and extracurricular activities without interference from others under the influence of alcohol and other drugs. In addition unlawful and abusive use interferes with the mission of the College in its goals of teaching and learning and through the consequent costs due to crime, property damage, and risk management. The purposes for this Policy on Alcohol and Other Drugs are to define and communicate to all members of the College community acceptable and unacceptable behavior with regard to alcohol and other drugs and the sanctions for policy violations.
| Alcohol Laws | Drug Policy |
As of January 1, 1983 New Jersey State law prohibited the sale, possession, or consumption of alcohol by individuals under 21 years of age. Ramapo College is a public institution governed by Federal, State, and local laws, and by College regulations. The College complies with municipal and other law enforcement authorities in enforcing these laws as stated below:
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 Alcohol in Public Places by the Underaged (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, or place of public assembly, or motor vehicle is guilty of a disorderly persons offense and shall be fined not less than $100.
Purchase of Alcohol by/for the Underaged (N.J.S.A. 33:1-81) – An underaged person who purchases or attempts to purchase alcohol, or who mistakes his/her age, or a person of legal age who purchases alcohol for an underaged person faces a conviction of a disorderly persons offense, which incurs a fine of not less than $100 and loss of license for one year. In addition, underaged 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 underaged and uses another person’s ID card to obtain alcohol, or someone of legal age who gives his/her ID card to an underaged person so that s/he 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) – A person who knowingly sells, offers, or exposes for sale a document that simulates a driver’s license or other document issued by a governmental agency and that could be used to verify a person’s identity or age is guilty of a disorderly persons offense.
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.
[ return to top ]
Driving While Intoxicated
Operating Motor Vehicles While Under the Influence of Intoxicants (N.J.S.A. 39:4-50)
DEFINITION: A person is said to be legally drunk in New Jersey if his/her blood alcohol concentration is at or above 0.10%. A person may also be arrested when his/her blood alcohol concentration is below 0.10% if the individual’s driving ability is considered to be unsafe. In either case, the person is charged with Driving While Intoxicated (DWI).
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 6-12 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 2 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 of 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 a 6-month loss of license, a fine of $250-$500, 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.
[ return to top ]
Township of Mahwah
No person shall consume, or offer to another for consumption, alcoholic beverages in, on, or upon any public street, road, alley, sidewalk, park, or playground or in, on, or upon any land or building owned or occupied by the Township, unless otherwise provided under this section. (3-10.1)a.
No person shall have in his possession or possess any alcoholic beverage in, on, or upon any public street, road, alley, sidewalk, park, or playground or in, on, or upon any land or building owned or occupied by the Township, unless the alcoholic beverage is in its original sealed container with original unbroken tax stamp or unless otherwise provided under this section. (3-10.1)b.
No licensee or employee of a licensee shall sell, serve, or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons. (6-4.6)
No licensee shall sell or serve alcoholic beverages to persons under the legal age. (6-5)
It is unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. (6-8) Alcohol at Campus Events
This policy applies to all members of the Ramapo College community and to those who rent space here and wish to sponsor events at which alcohol will be served or sold.
If alcohol is to be served and no money is to change hands, only a College Alcohol Permit and a copy of the policy must be obtained in the Office of Student Development (Robert A. Scott Student Center, second floor). Sponsors must pick up signed permits in the Office of Student Development where event arrangements will be finalized.
If alcohol is to be sold, or where any transfer of money takes place, the sponsor of the event must secure a Special Permit for Social Affairs from the New Jersey Division of Alcoholic Beverage Control and a Ramapo College Alcohol Permit. The application for the ABC permit must be submitted at least two weeks before the event to the Trenton office, be accompanied by a fee, and have the signatures of authorized College and local officials. The final permit from the New Jersey Alcohol and Beverage Commission must be submitted to the Director of Student Activities at least 24 hours before the event. Details about how to apply for this permit are available in the Office of Student Development and from the Office of Events and Conferences.
[ return to top ]
Alcohol permits (College and/or N.J. Division of Alcoholic Beverage Control) and a copy of this policy must be prominently displayed at the bar where the alcohol is being dispensed/sold.
New Jersey State law requires that all advertising, tickets, etc., which contain references to the sale of alcohol include the permit number that will be issued.
Members of the Bartender’s Guild, a group of trained students, are required to oversee the process of proofing guests and serving/selling alcohol at events for which permits are obtained. The members of the Guild are to be paid by the sponsor at a specified hourly rate. Bartenders are allowed to serve only those wearing wristbands, and may request additional proof of age as they deem necessary. No bartender may serve anyone who appears intoxicated.
At events where students will be present or where those under the age of 21 are likely to be present, two proofs of identification (Ramapo College picture ID and either a driver’s license, passport, or birth certificate) will be required. In addition, students will be further identified through a computer print-out containing current students’ names, student identification numbers, and birth dates. Before obtaining wristbands, which authorize students to purchase/consume alcohol at the event, students must sign a statement attesting to the fact that they have read and understand the current College Alcohol Policy.
In rare cases, where all guests at an event are going to be over the age of 21, the sponsor of the event may request an exemption from using the Bartender’s Guild to sell/dispense alcohol. This request must be made at the same time the permit application is completed. The Director of Student Activities will make the response to the request, after consulting with the Vice President for Student Affairs, the Dean of Students, or the Associate Dean of Students. If an exemption is granted, the sponsor must agree to carefully monitor the event to ensure all those who purchase or consume alcohol are of legal age and there is no excessive drinking or open drunkenness. In addition, the sponsor must agree to read and become familiar with information provided by the Office of Student Development at the time the permit is obtained relating to the monitoring of events at which alcohol is served or sold.
Guests who are not Ramapo College students and wish to attend a College event at which alcohol is to be dispensed/sold must be hosted by a Ramapo student with a current valid College ID. The host must be present at the time the guest wishes to enter the event and understand that he/she will be responsible for the actions of the guest. Hosted guests must present two forms of identification, including one with a photograph and date of birth, and print and sign their names on the list at the entrance to the event. The Ramapo College host will be required to legibly sign the list next to the guest’s name.
At events for which alcohol permits have been obtained, the alcohol service area will be roped off or otherwise demarked from the general event area. Alcohol may not be removed from the roped off area.
College Public Safety Officers and/or Mahwah Police Officers, as well as members of the Bartender’s Guild, will monitor events to ensure proper procedures are followed.
Non-alcoholic beverages must also be served whenever alcohol is served/sold, and must be displayed as openly as the alcohol. Food must be served in adequate amounts when alcoholic beverages are served or sold. Persons attending events at which alcohol is sold or served may not bring any alcohol to the event. The only alcohol to be consumed at a sanctioned event is to be sold/served by those charged with that responsibility. Students arriving intoxicated from drinking elsewhere will be barred.
No student activity fee money may be used for the purchase of alcoholic beverages.
Deliveries of alcoholic beverages to the campus may not be made by liquor stores or distributors unless specifically authorized by the President or his/her designee, the Vice President for Student Affairs, the Dean of Students, or the Associate Dean. Deliveries to the residence halls are prohibited.
No event for which an alcohol permit has been issued may include any kind of a "drinking contest" or "drinking game", or feature any inducements to consume excessive amounts of alcohol. Advertisements for events shall not make reference to the amount of alcohol to be available, nor promote alcohol as a prime feature.
Public intoxication/drunkenness is not an acceptable condition for anyone on campus, whether the drinking which lead to it took place on or off campus. The identification of such persons at events for which permits have been issued will generally be made by members of the Bartender’s Guild and Ramapo College Public Safety Officers. A person in this condition may be asked to leave an event. If the person is a student, the student’s family or emergency contact may be called to assist. Other guests may have a taxi called (at the intoxicated person’s expense) to take them to their permanent residence. Those who are intoxicated/drunk and whose behavior is disruptive may have charges filed against them for violations of the College Code of Conduct (students) and/or the appropriate local or State statutes (students, employees and guests).
College-approved Public Safety and Police personnel must be present at all events at which alcohol is served or sold.
[ return to top ]
Alcohol in College Residence Halls (Living Units)
Alcohol is not permitted within Pine, Linden, Oak, Maple or other designated "dry" living units. No one, regardless of age, is permitted to possess or consume alcohol in these areas. Alcohol containers and paraphernalia, including but not limited to empty cans, bottles and cartons, are not permitted as room or window decorations in any "dry" living unit.
If a student is of legal drinking age, s/he may transport an alcoholic beverage as long as it is in its original closed container.
Kegs, beerballs and multiquart containers of alcohol are prohibited in the residence areas at all times. No retail deliveries of alcohol are allowed to the residence areas.
Grain alcohol is prohibited at all times.
Consumption of any form of alcohol in an open container, including but not limited to cups, cans, plastic containers or bottles, is prohibited outside a student’s living unit and/or any outside campus area.
When students of legal drinking age are present in any living unit where there are students present who are under 21 and who are consuming alcohol, those students of legal drinking age have the responsibility to comply with, adhere to and support New Jersey State Laws and College policies.
Residents holding a gathering in their living unit where an alcohol violation is taking place will be considered the hosts. Hosts can be held responsible for injury or damage occurring to any person or property in which the consumption of alcohol was a contributing factor. Hosts will be subject to disciplinary action and may receive harsher sanctions.
Presence in any living unit (room, suite or apartment) where an alcohol violation is taking place, even if not actually in possession of or consuming alcoholic beverages will result in disciplinary action being taken.
Games or activities that encourage excessive drinking or the serving of alcohol that leads to the endangerment of the individual being served will not be tolerated.
Consumption of alcohol to the point of intoxication, regardless of age, is prohibited.
To help students understand what is and what is not permitted under the Alcohol in College Residence Halls Policy, the following interpretation is included:
Persons under the age of twenty-one MAY NOT:
Be in possession of or in the presence of alcohol in any living unit.
Permit persons to bring in or consume alcohol in their living unit.
Carry opened or unopened alcoholic beverage containers any place on campus.
Provide alcohol to any persons on campus.
Possess alcohol displays made up of empty alcoholic beverage containers.
Persons twenty-one and older MAY NOT:
Consume alcohol outside of a living unit (lobby, hallways, stairwells, grounds, etc.)
Consume alcohol in a living unit which has no resident of legal age or in which the legal age resident is not present.
Provide alcohol to others under the age of twenty-one.
Charge in any way for alcohol consumption by others.
Possess kegs, beer balls or paraphernalia that promotes large consumption of alcohol.
Permit underage persons to possess or be in the presence of alcohol in their room/apartment.
Possess alcohol or alcohol displays within Pine, Linden, Oak, Maple or any other designated "dry" living units.
Persons twenty-one and older MAY:
Consume alcohol in their living unit.
Consume alcohol in another living unit if the host is twenty-one or older and is present.
Carry unopened alcoholic beverage containers on campus (must be packaged and out of plain view.)
Provide alcohol in their living unit to others aged twenty-one or older.
Possess alcohol displays made up of alcoholic beverage containers if all residents are over the age of twenty-one.
Please note:
Underage persons who are present, within College Housing, where alcohol is being consumed by those over or under the age of 21 will be presumed to have been drinking or in possession of alcohol if Public Safety, OCAs or RAs/CAs are called to the scene. This is because it is not possible to distinguish who is actually consuming or possessing alcohol on an individual basis where a number of persons are present and without the use of specialized testing equipment used to determine blood alcohol content.
[ return to top ]
Minimum Recommended Sanctions
For Alcohol Policy Violations
1st violation – not less than $50 fine, attendance at 4 – 10 hour Checkpoint program and possible Parental Notification
2nd violation – not less than $100 fine, Parental Notification, attendance at 10 + hour Checkpoint program, Residence Probation and possible Suspension of Activities Privileges
3rd violation – not less than $200 fine, 10 Community Restitution hours, Parental Notification, referral to CHCS for substance assessment and possible outside treatment, Disciplinary Probation, Suspension of Activities Privileges, Loss of Campus Housing and possible Suspension from College
4th violation – Suspension from the College and Parental Notification
Distribution and/or the sale of alcohol to underage persons will be viewed as an aggravating factor in sanctioning. Other factors to be considered in deciding sanctions shall include present demeanor and past disciplinary record of the student, the nature of the offense, and severity of any damage, injury, or harm resulting from it as perceived by the victim and/or appropriate College officials.
Repeated or aggravated violations of any provisions of this policy may result in expulsion, suspension, or in the imposition of such lesser sanctions as may be appropriate.
[ return to top ]
2: Drug Policy
Violations of College rules and/or Federal, State, or local statutes related to the possession, use, or distribution of illegal drugs/substances are treated as very serious matters. Students found responsible through the College judicial system of possession, use, or distribution of illegal drugs/substances on campus or at College-related events can expect serious consequences including loss of privileges, suspension, or expulsion from the College. In certain cases, students’ receipt of financial aid will be negatively affected as called for by law.
College officials may inform local or other authorities about suspected or known drug violations.
Federal Drug Laws
Federal penalties and sanctions for illegal possession of a controlled substance are as follows:
21 U.S.C. 844 (a)
First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After one prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both.
After 2 or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory, at least five years in prison, not to exceed 20 years and fined up to $250,000, or both, if;
First conviction and the amount of crack possessed exceeds 5 grams.
Second crack conviction and the amount of crack possessed exceeds 3 grams.
Third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
21 U.S.C. 853(a)(2) and 881(a)(7) – Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment.
21 U.S.C. 881(a)(4) – Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.
21 U.S.C. 844a – Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 853a – Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.
18 U.S.C. 922(g) – Ineligible to receive or purchase a firearm.
Miscellaneous – Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.
[ return to top ]
State of New Jersey – "Comprehensive Drug Reform Act of 1986"
Persons distributing, dispensing, or possessing with intent to distribute certain controlled dangerous substances more than 5 ounces in weight are guilty of "first degree" crimes and will receive sentences with mandatory minimum terms of parole ineligibility. Persons distributing, dispensing, or possessing with intent to distribute _ ounce to 5 ounces are guilty of "second degree" crimes. Those doing so with less than _ ounce are guilty of "third degree" crimes. These demarcations mean that very small amounts may subject you to criminal penalties. Offenses for distribution may also be aggregated so that cumulative amounts are used to increase the severity of the penalties imposed.
Legal adults (i.e., those 18 or older) using persons under 18 to assist in a drug distribution network will receive twice the usual penalties. Distributing or selling controlled substances to persons 17 or younger or to pregnant women will bring especially stiff penalties.
Anyone who manufactures, distributes, or dispenses drugs resulting in someone’s death will be held strictly liable and may even be charged with murder.
Those in possession of a controlled substance (State Schedules I, II, III, IV) or who are under the influence of such a substance without a valid prescription obtained from a doctor in the course of his/her professional practice may receive fines up to $25,000. Those possessing controlled substances (Schedule V) may receive a $15,000 fine. Possession of more than 50 grams of marijuana or more than 5 grams of hashish may receive a $15,000 fine. (Lesser drug amounts result in a disorderly persons offense and at least 100 hours of mandatory community service.)
Each person convicted, adjudicated delinquent, or placed in supervisory treatment for any drug offense will be fined. Fines are mandatory for specific offenses and range from $500 to $3,000. These monies will be used to fund programs to prevent drug abuse and are termed Mandatory Drug Enforcement and Demand Reduction Penalties.
Strict laws are in place regarding drug "analogs" or so-called "designer drugs" such as MDMA, known as "ecstasy." Those caught with a half-ounce to five ounces commit a second-degree offense, which carries a penalty of up to 10 years in prison.
Persons convicted of drug offenses will forfeit their drivers’ licenses for at least 6 months (maximum of 2 years). This includes those charged as disorderly persons for possession of small amounts of marijuana, etc.
Maximum potential fines for certain offenders are established on the basis of the street value of the drug involved. (These amounts can be very high.)
Some juveniles may be tried as adults.
A person who sells or gives to a person under 18 tobacco in any form, including smokeless tobacco, or cigarette papers shall be punished by a fine for a petty disorderly persons offense.
A person commits a disorderly persons offense if the person inhales the fumes of any toxic chemical for the purpose of causing a condition of intoxication.
[ return to top ]
Minimum Recommended Sanctions
For Ramapo College Drug Policy Violations Drug Possession
1st violation - not less than $200 fine, 20 Community Restitution hours, Parental Notification, formal drug assessment through Center for Health and Counseling Services, possible Suspension of Activities Privileges, possible Loss of Campus Housing and possible Suspension from College
2nd violation - Parental Notification, Suspension from College or possible Expulsion.
Distribution of Drugs (without Intent of Financial Gain)
1st violation - Parental Notification, Suspension from College or possible Expulsion
2nd violation - Parental Notification and Expulsion
Selling of Drugs
1st violation - Parental Notification and Expulsion
Factors to be considered in deciding sanctions shall include present demeanor and past disciplinary record of the student, the nature of the offense, and severity of any damage, injury, or harm resulting from it as perceived by the victim and/or appropriate College officials.
Repeated or aggravated violations of any provisions of this policy may result in expulsion, suspension, or in the imposition of such lesser sanctions as may be appropriate.
