Policies & Law

Policies

Laws

Sexual Assault Policy
Forcing or coercing someone to have sexual intercourse or engage in other sexual contact is against the law. Specifically, in New York State if a person is forced to have sexual intercourse or is unable to consent (i.e., saying yes or no) for reasons of fear of injury, fear for their life, or is mentally incapacitated due to drug and/or alcohol consumption, or if the person is mentally defective, is asleep, or is less than 17 years of age (male or female), under these circumstances it is rape. Please refer to the Student Handbook for further information about this topic.

Campus Sex Crimes Prevention Act
In accordance with federal law, as of Oct. 1, 2003, Hilbert maintains a registry of sex offenders living or working on campus which is available to students, faculty and staff. The registry is located in the Office of Campus Safety.

Alcohol Policy
All alcohol must be registered with the Office of Residence Life or with the RA Office prior to entering the residence hall.

Residents of legal drinking age (age 21 and older) are permitted to consume alcohol in their own room of the residence hall. Alcohol will not be permitted beyond the assigned room. Residents who are age 21 and older are granted the privilege of having alcohol for personal consumption within their own residence hall room.

The amount of alcohol allowed for personal consumption in a 24-hour period should not exceed one six-pack of beer cans or 1-liter of wine or one four-pack of wine coolers.

No hard alcohol, beer kegs or beer balls are allowed. Liquor bottles, full or empty, are not allowed in the residence hall.

No student under the age of 21 should have full or empty beer or wine bottles or cans in his or her room or in his or her possession.

No student over the age of 21 should have more than 12 empty beer cans or one wine bottle in his or her room.

Students who are in an intoxicated state and it is deemed necessary to have an ambulance called will be responsible to pay the full costs associated with the EMS services provided.

Alcohol Violations

  1. Public intoxication or drunk and disorderly conduct.
  2. Giving or selling alcoholic beverages to anyone under the age of 21.
  3. Possession and/or consumption of alcoholic beverages by anyone under the age of 21 on college property.
  4. Possession or consumption of beer, wine, liquor or other form of alcohol on college property unless in accordance with policies pertaining to parties, campus-wide events, and the residence hall as state above and below. The rule applies to all students and includes any bottle, can, mug, or any other container used to transport alcohol.
  5. Violation of state and local ordinances with respect to purchase, transport, and consumption of alcohol.

Alcohol Sanctions
Please be aware that if you are sanctioned for an alcohol violation you may receive some or all of the sanctions listed. 

  • Mandated alcohol education workshop
  • Mandated appointment with the college counsleor for alcohol assessment
  • Parental notification
  • Suspension from participating in college activities or functions
  • Suspension or expulsion from the residence hall
  • College probation, suspension or dismissal
  • Community service
  • Monetary fines

Possession or consumption of beer, wine, liquor or any other form of alcohol on college property unless in accordance with policies pertaining to parties, campus-wide events, and the residence hall as stated below. (Rule applies to all students and includes any bottle, can, mug, or other container used to transport alcohol.)

Drug Policy

  1. Unlawful possession or use of a controlled substance or illegal drug.
  2. Providing a controlled substance or illegal drug to another person.
  3. Making, selling or intending to see a controlled substance or illegal drug to another person.
  4. Possession of paraphernalia for illegal drug production or use.
  5. Violation of federal, state and local ordinances with respect to possession, purchase, transport, and use of controlled substances or illegal drugs.

Drug Related Sanctions
Depending on the circumstances and severity of the violation, one or more of the following sanctions will be imposed.

  • Attendance at a drug education workshop
  • Required participation in a substance abuse group for one year.
  • Residence hall probation, suspension or expulsion.
  • Parental notification.
  • Monetary fines.
  • Community service.
  • College probation, suspension or dismissal.
  • Referral to the proper legal authorities for investigation and/or possible prosecution.

Weapons Policy
All Hilbert students and personnel are prohibited from possessing any firearms, ammunition or other similar dangerous instruments, that can threaten and/or cause bodily harm to themselves or others. Any weapon found would be confiscated by campus safety personnel and the owner is subject to disciplinary and possible legal action. This includes paint ball guns.

Federal Drug Laws
Here you will find information on federal penalties and sanctions for illegal drug possession of a controlled substance.

21 U.S.C. 844(a)
First conviction: Up to one-year imprisonment and fined at least $1,000 but not more than $100,00 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 two 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:

  1. First conviction and the amount of crack possessed exceeds 5 grams.
  2. Second crack conviction and the amount of crack exceeds 3 grams.
  3. Third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C.(a)(2) and 881(a)(7)
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance. (See special sentencing provisions re: crack)

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. 884(a)
Civil fine of up to $10,000 (pending adoption of final agreement).

21 U.S.C. 853(a)
Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for the offense, up to five years for second and subsequent offences.

18 U.S.C. 922(g)
Ineligible to receive or purchase a firearm.

Miscellaneous
Revocation of certain federal licenses and benefits, such as pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.

Note: These are only federal penalties and sanctions. Additional state penalties and sanctions may apply.

New York State Drug and Alcohol Laws

New York State Penal Law
Article 220 and 221 of the Penal Law are directly aimed at unlawful traffic in mind-affecting drugs. They are compatible with the Public Health Law and the provisions of the latter are often cross-referenced in the Penal Law Sections that deal with the different drugs.

Article 220 and 221 set criminal penalties for possession or sale of drugs considered harmful or subject to abuse. The seriousness of the offense and penalty imposed upon conviction depends upon the individual drug and amount held or sold.

Marijuana has been placed in Article 221 and separately dealt with in the Penal Law, as a result of the Marijuana Reform Act of 1977. This statute made the penalties upon conviction of use of small amounts of marijuana less severe than formerly.

Specific sections of interest in Article 220 not included in the following:

Section 220.44 - Makes a sale of a controlled substance on or near school grounds, to a person less than 19 years of age, a Class B felony.

Section 220.45 - Makes criminal possession of a hypodermic instrument, a Class A misdemeanor.

Section 220.46 - Makes criminal injection of another person with a narcotic drug, with consent of that person, a Class E felony.

Section 220.50 - Bans possession or sale of drug paraphernalia; deals with things that dilute drugs, like dextrose or mannite, and gelatin capsules, plastic envelopes, etc., considered commercial preparation materials, Class A misdemeanor.

Section 220.60 - Makes criminal possession of certain "precursors" of controlled substances used in their preparation of manufacture, but not the drugs themselves, a Class E felony (for example, ergot or dissimilate).

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

New York State Penal Law defines a misdemeanor as a crime punishable by imprisonment for more than 15 days but no more than one year. A felony is a crime punishable by imprisonment for more than one year.

New York Law: Illegal Sale or Possession of Alcohol 

  1. Unlawful Dealing with a Child: It is unlawful to give or sell alcohol (or cause it to be given or sold to a person under the age of 21). This is a Class B misdemeanor. The penalty could be up to three months imprisonment and a $500 fine.
  2. DWI: Driving While Intoxicated (by drugs or alcohol) is a misdemeanor punishable by up to a year imprisonment and a fine of up to $500.
  3. DWAI: Driving While Ability Impaired by Alcohol is a violation punishable by up to 15 days imprisonment and a fine of up to $350.
  4. Liability of One Serving a Person under Age 21: Anyone who furnishes or assists an intoxicated person to procure alcoholic beverages is liable for any damages caused by that person while under the influence.
  5. Dram Shop Liability: Any person who sells alcoholic beverages or unlawfully assists an intoxicated person to procure alcoholic beverages is liable for any damages caused by that person while under the influence.
  6. Fraudulent Documents: It is in violation of state law for a person under the age of 21 years to present false evidence of age to procure alcoholic beverages. Possessing such false evidence may also be criminal possession of a forged instrument within the meaning of the penal law. The penalty for suing fraudulent means to obtain alcoholic beverages may include probation up to a year and a fine of up to $100

Institutional Response to Reports of Missing Students
The term missing student shall refer to any Hilbert College student living on campus who is reported missing from his or her residence.
All reports of missing or suspected missing resident students should be reported to Campus Safety at 479-1233. Reports concerning missing commuters and off-campus students should be referred directly to the Town of Hamburg Police Department. The Campus Safety Office will assist internal authorities with these investigations as needed.

I. Campus Safety Office
A. Immediate Response

1.Campus Safety personnel will conduct a thorough and timely investigation with staff or individual reporting a missing student to determine the whereabouts of the person.
2.Campus Safety immediately will begin to interview those close to the missing person (e.g. friends,roommates, family, residence staff, etc.) and other relevant associates. Particular attention will be given to possible locations of the student and his/her most recent mental state and/or personal problems.
3.When the missing student is reported, Campus Safety will notify the Campus Safety Director and the Town of Hamburg Police Department by dialing (9-911); officers from the Town of Hamburg Police Department will be dispatched. The responding agency will ascertain the seriousness of the missing student report and act immediately to include, but not limited to, interviews and coordination of search efforts.
4.The Vice President for Business/Finance and Director of Campus Safety should be contacted immediately if a real or potential threat exists.
5.When law enforcement personnel arrive on campus, all college staff and students must cooperate with their investigation. Campus Safety will assist authorities in identifying parties needed for questioning.

B. Secondary Response

1.Campus Safety and the Vice President for Business/Finance will communicate with each other regarding any new developments related to the missing person report; the Vice President for Business/Finance will ensure that relevant parties are kept informed.

Proposed Plan: Reports of Missing Students

1.Information regarding the case will not be released publicly unless authorized by Hilbert College's Public Relations Directors/designee. All media inquiries should be directed to Public Relations/Vice President for Enrollment Management.
2.Campus Safety should obtain written statements from all complainants/witnesses pertaining to the report and have them available for review by officials involved in the investigation.

II. Residence Life Staff
A. Immediate Response

1.Staff should notify Campus Safety immediately at 479-1233. The reporter must give a concise and accurate account of what has been observed. He/she should wait in a area for further instructions from Campus Safety or the Vice President for Business/Finance.
2.When the Town of Hamburg Police Department officials are summoned to the residence hall, college personnel will cooperate fully with their investigation. Campus Safety will be available to assist the residence staff with any problems.
3.Reports/copies should be taken from any witness to the incident and delivered to the Campus Safety Office soon after the report is made.
4.If residents of the building involved are observed acting unusually concerned or irrationally, staff will consult with the Vice President for Business/Finance and the residence hall's senior staff to develop strategies to assist the residents.

B. Secondary Response

1.All media inquiries should be directed to Hilbert College Public Relations Office and/or the office of the Vice President for Enrollment Management. Information needs to be disseminated to building residents, staff will be directed by the Vice President for Business Finance to post updates or assemble the resident for a meeting.

III. Vice President for Enrollment Management Office
A. Immediate Response
1.The Vice President for Enrollment Management will determine which personnel need to report and will summon them to campus.
2.In consultation with the Director of Campus Safety, the Vice President for Business/Finance will determine if a potential threat to the college community exists.
Proposed Plan: Reports of Missing Students
1.If deemed necessary, warnings from the Public Relations Office, in consort with the Vice President for Business/Finance may be issued to the community unless law enforcement believes that public notification may hinder their investigation. All releases will respect the privacy of victims, witnesses and the accused. The Vice President for Business/Finance will keep relevant parties informed and may set up an information hot line.

When police have determined that all leads to preliminarily locate the missing student have been exhausted and the whereabouts of the student remains unknown, the Vice President for Enrollment Management will contact the student's parents/guardians. The Vice President for Business/Finance will inform the President.
Secondary Response
Upon return of the missing student, the Vice President for Enrollment Management will consult with the student due to concerns raised by their absence.
When the situation has been stabilized, the Vice President for Business/Finance will coordinate internal and external information releases with Hilbert College Public Relations Director or designee. Only the Public Relations Office or Vice President for Enrollment Management may release details of the student's status to
the media or other external parties.