Policy on Drugs and Drug Testing

Purpose

This policy outlines SUNY Downstate's policy as it relates to the use of drugs and drug testing.

Policy

Federal and State Laws and Regulations regarding alcohol and controlled substance abuse are identified in the Student Handbook. SUNY Downstate requires that all students comply with current Federal and New York State law regarding the use of substances in order to remain eligible for academic or clinical activities (even if they visit another locality, state or foreign country where such substances may be permitted). Students shall be responsible for assuring that they do not participate in activities or ingest substances when visiting other U.S. states or foreign countries which may cause them to be ineligible to participate in academic or clinical activities because these substances are not permitted by Federal Law, in New York State, or by policy of SUNY Downstate or our affiliated hospitals. Failure to do so is a violation of SUNY Downstate policy and is subject to disciplinary action.

Although the State of New York passed a law legalizing the use of recreational marijuana in New York for those age 21 and older, the use and possession of marijuana on SUNY Downstate’s campuses remains prohibited under federal law. State University of New York campuses are bound by the federal requirements under the Drug-Free Schools and Communities Act. Under this requirement, the use, possession, cultivation, and sale of marijuana remains prohibited on all SUNY campuses and subject to disciplinary action. This prohibition covers all SUNY property in public as well as campus residence halls, University apartments, and offices, University-owned and leased buildings, housing, parking lots, and all SUNY events.

Although SUNY Downstate’s drug testing program no longer tests for the presence of marijuana, students may be required to take a drug test at a clinical site or facility that does, especially if they visit a clinical site in another state that has not legalized marijuana. Regardless of where the student takes the test or the reason for the test, if a student takes a drug test that does include a test for marijuana and has a positive result, the policy described below still applies, even if the recreational use of marijuana was otherwise legal. The student will not be able to participate in clinical activities, even at a site that doesn’t test for marijuana, until the student no longer tests positive.

In addition to other policies and procedures identified in the Student Handbook, the following policies will also be instituted when a student has a positive drug test (either from an academic or clinical site or from a drug test that may have been voluntarily undertaken by the student, such as in preparation for a clinical affiliation):

1. The student will be notified by Office of Student Affairs or the Academic Dean of their School or College (or their designee) that a positive drug test report has been received. The student will be informed that they must take another drug test (within one week of our receipt of the original drug test report) through CastleBranch.com, or another accepted vendor, at the student’s expense.
   How to obtain a test
2. The student will be immediately suspended from their academic/clinical program until clearance (fitness for duty) has been obtained.
3. If the second drug test is negative, then the student will be reinstated and warned that any subsequent positive drug tests will lead to possible disciplinary action and/or possible external reporting.
4. If the second drug test is positive or if the student declines to take a second drug test, then the student will be continued on suspension, will be reported to the appropriate academic or disciplinary committee for evaluation, and possible disciplinary action and/or external reporting.
5. Resources can be found in the Student Handbook for students who violate state and federal regulations and/or college policies on alcohol or controlled substance abuse.

Specific policies regarding drug testing and clinical activities, which may have additional requirements, may also be found in individual college or school policies in this handbook.

Approved by the Council of Deans. Last Modified: July, 2024