Safety Policies & Law

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.

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.

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 counselor 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.)

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.

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.

• New York State Drug & Alcohol Laws
• New York State Penal Law – Sections 220-222*
• New York State Marijuana Law
• New York State Alcoholic Beverage Control Law – Section 65
• Hilbert College Student Handbook/Code of Conduct

*Note – While possession of marijuana has been decriminalized, Hilbert College remains a drug-free campus. Possession of any amount of marijuana, edibles, cannabis oil, compounds, etc.; as well as any other illegal drug, is a violation of the Hilbert College Drug and Alcohol Policy and is subject to conduct sanctions.

If a student enters an area where a violation of policy is occurring, or a violation is initiated in an area that he or she is in, the student should immediately leave. Otherwise, by choosing to remain, the student assumes responsibility for all behavior and items in that room, regardless of his/her participation, unless it can be clearly demonstrated that the student had no knowledge of the incident.

1. All students in a residence hall room, apartment or area may be held responsible for any violation of the Student Code of Conduct, Residence Life policies, or other Hilbert College policies in that room, apartment or area, even if they are not active participants in the activity or in direct possession of any prohibited items.
2. If there is a party going on in any suite, apartment, or area, and there is evidence that the scene has been altered before a proper search can be completed, all the students in the suite, apartment, or area will be held in violation of Hilbert College’s policies regarding alcohol.

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.

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, in the lower level of the campus center.

• Any device that shoots a bullet, pellet, flare, or any other projectile, whether loaded or unloaded, including those powered by CO2. This includes but is not limited to rifles, shotguns, handguns or other firearms, BB/pellet gun, flare gun, stun gun, airsoft gun, dart gun, paintball gun and any ammunition for any such device. Any replica of the aforementioned is also prohibited.
• Any explosive device including fireworks, firecrackers, and black powder.
• Any device that is designed or traditionally used to inflict harm including but not limited to nun chucks, any knife with a blade longer than three inches, hunting knife, fixed blade knife, throwing knives, throwing stars, dagger, razor, or other cutting instrument the blade of which is exposed.

Weapons are not permitted to be stored on campus or in vehicles. Any weapon on campus in violation of this policy will be confiscated.

Violation of this policy by employees constitutes misconduct and may subject the offender to discipline including immediate termination.

Violation of this policy by students will be adjudicated in accordance with the Student Code of Conduct. Depending on the circumstances violation of this policy may subject the offender to discipline up to and including dismissal from the College.

Violation of this policy by individuals visiting or conducting business on college property will result in the individual being required to leave the College property or event and may also result in the individual receiving a written directive to remain off college property.

The College may refer any violation of this policy to appropriate law enforcement authorities. Exceptions to this policy include:

• Any federal, state, or local law enforcement officer in the performance of his or her official duties.
• A weapon, real or replica, used in connection with drill, public ceremony, or a theatrical performance. Prior written approval must be obtained from the Director of Hilbert College Campus Safety.
• Prior written approval from the Director of Hilbert College Campus Safety and the Provost must be obtained when the weapon will be used in a college sanctioned academic course or activity.

1. 1. 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 of Student Affairs 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.
   2. Secondary Response

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

Proposed Plan: Reports of Missing Students

1. 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.

1. Immediate Response
   1. Staff should notify Campus Safety immediately at 716-479-1233. The reporter must give a concise and accurate account of what has been observed. He/she should wait in an area for further instructions from Campus Safety or the Vice President of Student Affairs.
   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 of Student Affairs and the residence hall’s senior staff to develop strategies to assist the residents.
2. Secondary Response

1. 1. All media inquiries should be directed to the Hilbert College Marketing and Communications Office and/or the Dean of Students. Information needs to be disseminated to building residents, staff will be directed by the Vice President of Student Affairs to post updates or assemble the resident for a meeting.

1. Immediate Response
   1. The Dean of Students 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 of Student Affairs will determine if a potential threat to the college community exists.
2. Proposed Plan: Reports of Missing Students
   1. If deemed necessary, warnings from the Public Relations Office, in consort with the Vice President of Student Affairs 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 of Student Affairs will keep relevant parties informed and may set up an information hot line.
   2. 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 Dean of Students will contact the student’s parents/guardians. The Vice President of Student Affairs will inform the President.
3. 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 of Student Affairs will coordinate internal and external information releases with Hilbert College Public Relations Director or designee. Only the Marketing & Communications Office or the Dean of Students may release details of the student’s status to the media or other external parties.