In compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), the following program has been adopted and implemented at Yeshiva Ohr Yoseph to prevent the illicit use of drugs and abuse of alcohol and tobacco by students and employees.
Students are expected to comply with the Seminary’s Rules and Regulations which are printed in the college’s Undergraduate and Graduate catalog and in this document.
Standards of Conduct
Yeshiva Ohr Yoseph is a caring institution of higher education committed to promoting the physical, intellectual, social, and ethical development of all individuals. The inappropriate use of alcohol, tobacco, and illicit drugs threatens the health and safety of students, employees, their families, and the general public, and adversely impairs performance. In addition to promoting health, safety, and a positive learning and working environment, Yeshiva Ohr Yoseph is committed to preventing alcohol and other drug-related problems among all members of the Seminary community.
All members of the Seminary community are expected to abide by the
laws of the City, State, and Federal government. Yeshiva Ohr Yoseph will not serve as a sanctuary, and cannot insulate its students, faculty, and staff from the consequences of illegal acts, including prosecution under the law.
Responsible use of alcohol on or off premises, by students over 21, while not encouraged, will be permitted only as part of ritual services, only under the supervision of a member of the faculty or administration, and only as long as the student makes no attempt to operate a motor vehicle.
Legal Sanctions:
Local, State and Federal
Illicit Drugs: The legislature of the State of New York and Federal statutes have made the possession, sale, or purchase of certain drugs without authorization a crime. The unlawful manufacture, possession, distribution, dispensing, or use of such drugs on Yeshiva Ohr Yoseph property or at Yeshiva Ohr Yoseph sponsored activities is prohibited. Anyone determined to have violated this policy will be subject to the appropriate penalties. (see below). All members of the Seminary community are expected to abide by the City, State, and Federal statutes that have made the possession, sale, or purchase of illegal drugs a crime.
As a condition of employment, any employee of the Talmudical Seminary must notify his or her supervisor if he or she is convicted of a drug-related offense involving the workplace within five (5) days of conviction. Pursuant to the Drug-Free Workplace Act of 1988, 34 CFR §85.635, the Seminary is then required to notify the appropriate granting or contracting Federal agency within ten (10) days of receiving notice of any such conviction.
You can be arrested if you are in the company of friends who are using illegal drugs, even if you are not participating. The present penal system is such that even one night in jail awaiting a court appearance (even if you are not convicted) is a most unpleasant experience.
Alcohol: New York State law prohibits selling or giving alcohol to any
“visibly intoxicated person”. Possession and consumption of alcohol are illegal under New York State law for those under 21 years of age.
The unlawful manufacture, possession, distribution, dispensing, or use of
alcohol on Yeshiva Ohr Yoseph property or at Yeshiva Ohr Yoseph sponsored activities is prohibited. Anyone determined to have violated this policy will be subject to the appropriate penalties. (see below).
Tobacco: Smoking is prohibited in all Seminary buildings.
These standards of conduct and policies are consistent with the Seminary’s desire to promote health and safety and are in accordance with the
requirements of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226). Yeshiva Ohr Yoseph will continue their efforts to maintain an environment free from the unlawful possession, use, and distribution of alcohol and other drugs.
a. Federal Penalties
There are severe penalties for illegal drug trafficking, with minimum
sentences for many categories. See following chart.
b. State Penalties
The state of New York has its drug laws codified in Articles 220 and 221 of the Penal Code. See following chart for a summary of the New York State criminal penalties for the sale and possession of controlled substances.
c. Local Ordinances
These may range from fines for driving with an open container or an
alcoholic beverage in the car, regardless of whether the driver has consumed any alcohol, to more severe penalties.
Health Risks Associated with Illicit Drugs, Alcohol, and Tobacco
Illicit drugs: Numerous independent studies have documented the serious health consequences posed by the use of illicit drugs: addiction/ dependence, physiological damage, and intellectual, psychological, or emotional breakdown. Altered perception and behavior under the influence of certain drugs can also cause accidents. The health hazards of specific drugs are listed in this appendix.
Alcohol: Alcohol (ethanol) is toxic to the human body. It is a central nervous system depressant that slows bodily functions such as heart rate, pulse, and respiration. Taken in large quantities, it progressively causes intoxication, sedation, and unconsciousness – and can lead to death. Alcoholics can consume large quantities of alcohol without appearing to be drunk or uncontrolled. Nevertheless, alcoholism causes severe emotional, physical, and psychological damage. Prolonged heavy drinking can damage various organs, resulting in disorders such as cirrhosis of the liver, heart disease, pancreatitis, and cancer. It can also lead to gastrointestinal irritation (nausea, diarrhea, gastritis, ulcers), malnutrition, high blood pressure, lowered resistance to disease, and possible irreversible brain and nervous system damage. Alcoholism can also lead to a wide variety of problems involving one’s emotional, family, work, and social life.
Tobacco: The U.S. Department of Health and Human Services, the
American Psychiatric Association, and the World Health Organization have determined that nicotine, the chief component of tobacco, is a highly addictive drug. Forty years ago, the first report of the U.S. Surgeon General was issued on the impact of tobacco use on health. This 1964 report presented stark conclusions: that cigarette smoking causes lung cancer and is the most significant cause of chronic bronchitis. The report linked tobacco smoking with emphysema and other forms of cancer. The health hazards of tobacco use are now well documented and directly linked to the death of an estimated 390,000 Americans a year.
Recent studies have shown that mere exposure to environmental tobacco smoke is associated with the occurrence of many diseases, such as lung cancer and heart disease in nonsmokers and low birthrate in the offspring of nonsmokers.
Because environmental tobacco smoke represents one of the strongest sources of indoor air contaminants in buildings where smoking is permitted, the Seminary adopted a policy that prohibits smoking inside all Seminary facilities (buildings). Seminary presidents are free to impose a total ban on smoking on their grounds, or provide for limited smoking areas outside of buildings, a set distance from a building’s entrance.
Counseling Services
Illicit drugs and alcohol: If you are experiencing difficulty with alcohol or chemical dependency, Yeshiva Ohr Yoseph can help you find counseling services or rehabilitation programs that will help you with your problem.
Students may be referred to the Dean of Students by members of the instructional staff or may seek assistance directly. The Dean of Students may take disciplinary action as required, or may recommend that the student meet with a counselor for appropriate referral or assistance through self-help organizations or other outside intervention agencies such as Torah Umesorah’s Counterforce Program. Serious health risks, documented by the medical community, accompany the use and abuse of alcohol and drugs.
Employees will, at the request of their supervisor, be asked to meet with a counselor. The counselor, after an interview, may recommend appropriate assistance through self-help organizations or other outside intervention such as drug rehabilitation or employee assistance programs. Employees may also seek such assistance on their own.
Tobacco: The Dean of Students can provide help, referrals, or information about smoking cessation.
TALMUDICAL Seminary Sanctions
As an institution which is firmly opposed to any drug involvement, we shall deal severely with any student who misuses controlled substances. Please read the following carefully. It is the only warning you will receive before sanctions are imposed.
a. Knowledge that another student/employee is involved with drugs or alcohol
Students/employees who become aware that a fellow student/employee is misusing drugs or alcohol are expected to bring the problem to the attention of the Dean of Students immediately. Students/employees who fail to do so will be held responsible, and will be censured.
Be aware that neglect of a serious problem of this nature may prove to be a severe threat to the well-being of the individual involved, as well as to those around him.
b. First Offense – Students
A student who is reported to have misused drugs/alcohol will be called to the Dean of Student’s office to respond to the accusation. The Dean will interview any witnesses, and make a determination of the student’s culpability.
If found to be at fault, the student will receive a reprimand, and the offense will be noted in the student’s permanent record.
At the discretion of the Dean, the student will be suspended, pending discussion with the student’s parents and meeting with a health professional to assess the degree of the problem.
If the Dean is fully satisfied that this was a onetime occurrence, and that the student is sincerely regretful, and can be trusted to refrain from any future involvement with drugs, the student will be allowed back into school.
He will be clearly warned that any repeat of the offense will result in immediate suspension pending investigation, and ultimately in expulsion.
c. Second offense – Students
Any student who is guilty of a second offense, as determined by investigation by a faculty board of inquiry, will immediately be expelled from the institution.
Reinstatement may be considered only after a prolonged period of professional counseling and compliance testing, and at the discretion of
the Dean.
There is no due process involved, and no appeal will be accepted.
Attendance at our institution is a privilege not a right, and may be withdrawn without notice if the student is deemed a threat to the moral and/or physical integrity of the student body.
d. First Offense – Employees
In general, no applicant who has been convicted of a drug-related offense will be hired as an employee of this institution, although we may consider extenuating circumstances.
Any employee who has concealed a past drug-related conviction will be terminated without notice if such offense comes to our attention.
Any employee who is observed to be misusing drugs and/or engaging in its unlawful possession or sale, will immediately be terminated and referred to appropriate law enforcement officials.
e. Addiction to Prescription Drugs/Alcohol
As legal substances, prescription drugs and alcohol are, unfortunately, susceptible to misuse and addiction.
The institution is sympathetic to any individual who is inadvertently entrapped in such a situation, and urges that individual to obtain immediate professional and/or self-help group type of assistance in curing the addiction.
The Administration will make every effort to allow the employee to arrange his schedule to facilitate seeking professional assistance, and will make every possible effort to allow an employee to return to work after seeking treatment for their addiction at a residential clinic.
f. Responsible Use of Alcohol
Under no circumstances is a student who has consumed any alcoholic beverage, in any quantity, to drive any motor vehicle. A student’s friends are expected to exercise good judgment and seek the assistance of an adult if they are unable to dissuade a student from driving.
Preferably, a student who is drinking should turn his car keys over to a friend. We wholeheartedly support the idea of a designated driver. This is an arrangement where one person, who will not drink at all, is selected in advance to drive home.
Any student who drinks will be held responsible, and censured severely, for any infraction of this rule, up to and including a meeting with the student’s parents, and/or suspension.
Federal and State Sanctions
for the Unlawful Use of Alcohol and Drugs
Illicit drugs: Both Federal and New York State laws make it a criminal offense to manufacture, distribute, dispense, or possess with intent to manufacture, distribute, dispense, or simply possess a controlled substance, including marijuana (21 U.S.C. §801, et seq.; New York State Penal Law, §§220, 221; New York State Public Health Law, §3306). The penalties imposed upon conviction for violation of these laws depend upon the particular offense and on aggravating factors such as the type and quantity of drugs in each offense. Sanctions range from monetary fines and community service to imprisonment. Federal penalties are similar to those assessed by New York State. Note also the following important aspects of New York State statutes:
wIn New York State, a gift of drugs, including marijuana, is treated as a sale.
Appearing in public under the influence of narcotics or a drug other than alcohol to the degree that one may endanger oneself or other persons or property, or annoy persons in ones vicinity, is a violation, punishable by a fine and imprisonment up to 15 days. New York State Penal Law §240.40.
Alcohol: A variety of criminal penalties may result from the misuse of
alcoholic beverages:
In New York, if you give or sell an alcoholic beverage to a person less than 21 years old, you are committing a class A misdemeanor, punishable
by up to 1 year in jail and a possible $1,000 fine. New York State Penal
Law §260.20 (2).
Any sale of any kind of alcoholic beverage without a license or permit is a misdemeanor punishable by a fine, a jail term, or both.
If you are under the age of 21, you are prohibited from possessing alcoholic beverages with intent to consume them. Each violation is punishable by a $50 fine. The beverages may also be seized and destroyed by appropriate internal or external authorities.
You can be fined up to $100 and required to perform community service if you are under 21 and present falsified proof when attempting to purchase alcoholic beverages, and you can have your driver’s license suspended for up to 90 days if you use it to try to purchase alcohol illegally.
Any person who operates a motor vehicle while intoxicated, or while his/her ability to operate such vehicle is impaired by the consumption of alcohol or drugs, is subject to suspension or revocation of driving privileges in the State, monetary fines up to $1,000, and imprisonment up to one year. New York State Vehicle Traffic Law §1192.
Tobacco: Selling tobacco products to any person under the age of 18 is a class B misdemeanor and punishable by imprisonment up to 3 months.
New York State Penal Law §260.21 (3).
Note also that because exposure to environmental tobacco smoke has been identified as a health hazard to nonsmokers, the Seminary strengthened its own policy that prohibits smoking inside all Seminary facilities (buildings).
These are only examples of the possible penalties for the illegal possession, use, and distribution of illicit drugs, alcoholic beverages, and tobacco. You should also know that it is part of the Seminary’s official policy to discourage violations of Federal, State, and City laws. Where appropriate, the Seminary will refer persons who violate such laws for prosecution to the relevant governmental authorities and will cooperate fully with such authorities.
Ineligibility for Federal Grants, Loans, or Assistance
Since 2021The FAFSA Simplification act removed the drug conviction from the eligibility criteria for federal student aid, drug conviction will not affect your student financial aid.
Community-Based Services
Alcoholics Anonymous
718-520-5021
Al-Anon
212-254-7230
212-260-0407
Focus on Recovery
800-234-1253
NYS Drug Information Hotline
800-522-5353
Children of Alcoholics
800-359-COAF (359-2623)
Stop Smoking Hotline
800-ACS-2345 (227-2345)
Torah Umesorah Counterforce
718-854-7730