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Emergencies

For safety reasons, students are expected to become familiar with emergency and evacuation procedures in and around the campus and on every clinical site. Floor plans specifying the location of fire exits and fire extinguishers as well as fire evacuation procedures are posted on bulletin boards situated on each floor within the school campus. Students are expected to orient themselves with fire and emergency evacuation procedures unique to each and every clinical practice environment.

Any form of illness or injury incurred by a student or staff member on campus and on the clinical learning sites must be immediately reported to the MLI Administration. The school reserves the right to contact a student’s relative, friend or responsible party to inform him/her of the illness or injury, and to request emergency medical assistance if necessary.

For temporary relief of symptoms and treatment of minor emergencies, a First Aid Kit located in the school entrance/reception area of each campus is available for student and staff use.

Changes In Programs Or Policies

Metropolitan Learning Institute (MLI) has the right, at its discretion, to make reasonable changes in program content, policies, materials, schedules, sequence of courses in programs, or locations in the interest of improving the student’s education, or where deemed necessary due to industry changes, academic scheduling, or professional requirements. Changes will be posted in the bulletin boards and all other convenient locations. Policy changes become effective one (1) month after posting.

Credit Disclaimer Statement

Metropolitan Learning Institute (MLI) does not offer college credit for courses offered. Other schools may give credit for prior training and may convert training to credit hours. This service is not available at MLI.

Disaster

Metropolitan Learning Institute (MLI) reserves the right to suspend on/off site training for a period not exceeding 90 days to locate to a suitable substitute location in the event of a natural disaster, calamity, acts of terrorism, labor disputes or other similar emergency situations.

Indemnification

Students need to understand that their occupational decision to enroll and work in the health care industry through Metropolitan Learning Institute may subject them to property damage, injury or exposure to potential dangers and infections in the course of their training.

The student releases and holds harmless MLI employees, agents and representatives from all liabilities, damages and other expenses which may be imposed upon or incurred by or asserted against it as a result of property damage or bodily injury while enrolled in any Program with a clinical externship.

Appendix A

AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE STATEMENT

In compliance with the 1990 Americans with Disabilities Act (ADA), MLI does not discriminate against qualified individuals with disabilities. The act defines the disabled person as someone who:

  • “(a) has physical or mental impairment that substantially limits one or more of the major life activities of such individuals;
  • (b) has a record of such impairment; or
  • (c) is regarded as having such an impairment.”

For the purposes of program compliance, a “qualified individual with a disability” is one who, with or without reasonable accommodation or modification, meets the essential requirements for participation in the program.

The school accepts ‘performance objectives’ set by the NY State Department of Education for use by each program. Each objective is a standard, an example of an activity that students are required to perform to successfully complete the program. Each standard is reflected in the course objectives.

Admission to a program is not based on the core performance standards. Rather, the standards are used to assist each student in determining whether accommodations or modifications are necessary. The standards provide objective measures upon which students and faculty base informed decisions regarding whether students are “qualified” to meet requirements. Every applicant and student receives a copy of the course outline for each level containing all tasks and subjects to be completed.

If a student believes that he or she cannot meet one or more of the standards without accommodations or modifications, the Campus Director will determine, on an individual basis, whether or not necessary

accommodations or modifications can be reasonably made.

Appendix A1

TYPICAL PERFORMANCE STANDARDS

Essential Eligibility Requirements for Participation in MLI Programs

Each MLI medical clinical program trains for professions with cognitive, sensory, affective, and psychomotor performance requirements. The following Core Performance Standards identify essential eligibility requirements for participation in these programs:

ISSUE STANDARD EXAMPLES OF NECESSARY ACTIVITIES (not all-inclusive)
Critical Thinking Critical thinking ability sufficient for clinical judgment. Identify cause-effect relationships in clinical or office situations, develop health care plans.
Interpersonal Interpersonal abilities sufficient to interact with individuals, families, and groups from a variety of social, emotional, cultural, and intellectual backgrounds. Establish rapport with patients/clients and colleagues.
Communication Communication abilities sufficient for interaction with others in verbal and written form. Explain treatment procedures, initiate business activity, document and interpret healthcare actions and patient/client responses.
Mobility Physical abilities sufficient to move from room to room and maneuver in small spaces Move around in patient’s rooms, work spaces and treatment areas; administer CPR, move equipment.
Motor Skills Gross and fine motor abilities sufficient to provide safe and effective work/care. Calibrate and use equipment, lift and position patients/equipment.
Hearing Auditory ability sufficient to monitor and assess health and technical needs. Hear monitor alarms, emergency signals, body sounds, cries for help, mechanical noises, speakerphone.
Visual Visual ability sufficient for observation and assessment necessary in care/work. Observes patient/client responses, computer screens, technical details.
Tactile Tactile ability sufficient for physical assessment. Perform palpation, functions of physical examination and/or those related to therapeutic intervention (as permitted).

If you believe that you cannot meet one or more of these standards without accommodations or modifications, youmay request appropriate assistance and guidance. The school will determine, on an individual basis, whether or not the necessary accommodations or modifications can reasonably be made.

Appendix B

What You Should Know About Licensed Career Schools in New York State*

* Note: The following disclosure information is provided by the New York State Education Department

What is the purpose of this pamphlet?

All prospective and enrolled students in a non-degree granting proprietary school are required to receive this pamphlet. This pamphlet provides an overview of students’ rights with regard to filing a complaint against a school and accessing the tuition reimbursement fund if they are a victim of certain violations by the school.

Career schools which are licensed by the New York State Education Department are required to meet very specific standards under the Education Law and Commissioner’s Regulations. These standards are designed to help ensure the educational appropriateness of the programs which schools offer. It is important for you to realize that the New York State Education Department’s Bureau of Proprietary School Supervision closely monitors and regulates all non-degree granting proprietary schools. The school are required to have their teachers meet standards in order to be licensed by the Department. Schools are also required to have their curriculum approved by the New York State Education Department every three years, thereby helping to insure that all curriculums offered in the Schools are educationally sound.

In addition, staff members of the Bureau of Proprietary School Supervision are often in the school buildings monitoring the educational programs being offered. The interest of the New York State Education Department – to insure that the educational program being offered meets your needs and that your financial investment is protected.

The New York State Education Department’s Bureau of Proprietary School Supervision wishes you success in your continued efforts to obtain the necessary skill training in order to secure meaningful employment. In addition, Bureau staff will continue to work with all the schools to help insure that a quality educational program is provided to you.

Who can file a complaint?

If you are or were a student or an employee of a career school in the State of New York and you believe that the school or anyone representing the school has acted unlawfully, you have the right to file a complaint with the New York State Education Department.

What can a student or employee complain about?

You may make complaints about the conduct of the school, advertising, standards and methods of instruction, equipment, facilities, qualifications of teaching and management personnel enrollment agreement, methods of collecting tuition and other charges, school license or registration, school and student records, and private school agents.

How can a complaint be filed by a student or employee?

You should try to resolve your complaint directly with the school unless you believe that the school would penalize you for your complaint. Use the school’s internal grievance procedure of discuss your problems with teachers department heads, or the Campus Director. We suggest that you do so in writing and that you keep copies of all correspondence to the school. However, the school cannot require YOU to do this before you file a complaint with the New York State Education Department. If you do file a complaint with the Department, please advise the Bureau of any action that you have taken to attempt to resolve the complaint.

The steps you most take to file a complaint with the New York State Education Department are:

1.Write to the New York State Education Department at 116 West 32nd Street. 5th Floor, New York, NY 10001, or telephone the Department at (212) 643-4760, requesting an interview for the purpose of filing a written complaint. Bring all relevant documents with you to the interview, including an enrollment agreement, financial aid application, transcripts, etc. An investigator from the Department will meet with you and go through your complaint in detail.

2.If you cannot come for an interview, send a letter or call the office to request a complaint form. You must complete and sign this form and mail it to the office. Please include with it copies of all relevant documents. You should keep the originals. You must file a complaint within two years after the alleged illegal conduct took place. The Bureau cannot investigate any complaint made more than two years after the date of the occurrence.

The investigator will attempt to resolve the complaint as quickly as possible and may contact you in

the future with follow-up questions. You should provide all information requested as quickly as possible; delay may affect the investigation of your complaint. When appropriate, the investigator will try to negotiate with school informally. If the Department determines that violations of law have been committed and the school fails to take

What is the Tuition Reimbursement Fund?

The Tuition Reimbursement Fund is designed to protect the financial interest of students attending proprietary schools, If a school closes while you are in attendance, prior to the completion of your educational program, then you may be eligible for a refund of all tuition expenses which you have paid.

If you drop out of school prior to completion and you file a complaint against the school with the State Education Department, you may be eligible to receive a tuition refund if the State Education

Department is able to provide factual support that your complaint is valid and to determine that there was a violation of Education law or the Commissioner’s Regulations as specified in Section 126.17 of the Commissioner’s Regulations.

To file a claim to the Tuition Reimbursement Fund, you must first file a complaint with the State Education Department at the address included in this pamphlet. The staff of the State Education Department will assist you in the preparation of a tuition reimbursement form (a sample of this form should have been provided to you upon enrollment).

What is the tuition refund and cancellation policy?

All schools must have a tuition refund and cancellation policy for each program included in the catalog and in the student enrollment agreement.

Read and understand the school’s policy regarding tuition refund and cancellation before you sign the enrollment agreement. If you do not understand it, or are confused by the school’s explanation get help before you sign. You may ask for assistance from the Department at the address included in this pamphlet.

What should students know about “private school agents”?

Private school agents are employed by schools for the purpose of recruiting or enrolling students in the school, they are not school counselors. Private school agents cannot require a student to pay a placement or referral fee. Each school agent must be licensed by the New York State Education Department, must have an agent identification card and must be a salaried employee of the school. School agents who cannot show an Agent Identification Card are breaking the law if they try to interest students in enrolling in a particular school or group of schools. The name(s) of the agent(s) who enrolled a student must appear on that student’s enrollment agreement. Therefore, you should write down the name of the agent who talked to you. Each student will be required to confirm the name(s) of the agent(s) when signing the enrollment agreement. A full refund shall be made to any student recruited by an unlicensed private school agent or even by a licensed agent if that agent made fraudulent or improper claims. To find out if you are eligible to receive a refund, you must follow the complaint procedures included in this pamphlet.

What should students know about “grants and student loans”?

A grant is awarded to a student based on income eligibility, and it does not need to be repaid. Guaranteed student loans are low interest loans provided under the Federal Guaranteed Student Loan Program. The decision to apply for such a loan is yours – the school cannot require that you apply for a loan. You should understand that if you pay school tuition with money loaned to you from a lender you are responsible for repaying the loan in full, with interest, in accordance with the terms of the loan agreement. A failure to repay the loan can hurt your credit rating and result in legal action against you. Even if you fail to complete your educational program, you are still responsible for repaying all of the money loaned to you.

It’s your right to select a lender for a guaranteed student loan. The school cannot require you to apply to a particular lender or lending institution. However, the school can recommend a lender, but if it does, the school must also provide you with a statement about your right and ability to obtain a loan from another lender and the insurance premiums charged on these loans.

Read and understand all the information and applications for financial aid grants and loans before signing. Where can students file a complaint, file a claim to the tuition reimbursement fund, or get additional information?

Contact the New York State Education Department, as well as: by mail or phone, at:

New York State Education Department
Bureau of Proprietary School Supervision
116 West 32nd Street, 5th Floor
New York, NY 10001
(212) 643-4760
www.nysed.gov
The Council on Occupational Education
7840 Roswell Road,
Bldg 300, Suite 325
Atlanta, GA 30350
(770) 396-3898
www.council.org

Appendix C

CAMPUS SECURITY*

* U.S. Education Department Campus Security Information Supplement

General Information:

The U.S. Department of Education is committed to assisting schools in providing a safe environment for student to learn and staff to work, and in keeping parents and students well informed about campus security. The department encourages schools to use the resources available on the following Web sites in making their campuses safer.

Department of Justice Violence against Women Office

www.ojp.usdoj.gov/vawo/

Department of Education World Wide Web site on campus safety

www2.ed.gov/admins/lead/safety/campus.html

Higher Education Center for Alcohol and other Prevention World Wide Web site

www.edc.org/

The Department is strongly committed to enforcing the provisions of the Campus Security Act of 1990 requiring a school to compile an annual campus report.

Distribution of the Campus Crime Report:

By October 1 of each year, a school must publish and distribute its annual campus security report.

It must be distributed to all enrolled students and current employees directly by publications and mailings, including: direct mailing to each individual through the U.S. Postal Service, campus mail, or electronic mail.

If the school chooses to fulfill this requirement by posting the crime report on an Internet or Intranet Web site, an individual notice must be distributed to each student and current employee that includes:

  • A statement of the report’s availability
  • A list and brief description of the information contained in the report,
  • The exact electronic address (URL) of the Internet or Intranet Web site at which the report is posted, and
  • A statement saying the school will provide a paper copy upon request.

Upon request, a school must provide its annual campus security report to a prospective student or prospective employee. In order to ensure that a prospective student or employee can request the report, the institution must provide them with notice or the report’s availability. The notice must include a brief description of the report.

Schools are required to submit the statistical section of their Annual Crime Report to the Department on an annual basis. To comply with the emerging requirements to communicate electronically with the public whenever possible, the survey data is collected through the Department’s Campus Crime and Security Web site at:

surveys.ope.ed.gov/security

Definition of Campus

Institutions must meet the campus security report requirements individually for each separate campus. Institutions must provide crime statistics for three discrete categories: campus, non-campus buildings or property, and public property.

Campus means

  • Any building or property (including residence halls) owned or controlled by a school within the same reasonably contiguous geographic area and used by the school in direct support of or in a manner related to its educational purposes.
  • Property within the same reasonably contiguous area that is owned by the school but controlled by another person, frequently used by students, and supports the school’s purposes (such as a food or other retail vendor).

Non-campus building or property means

  • Any building or property owned or controlled by a student organization officially recognized by the school; and
  • Any building or property (other than a branch campus) owned or controlled by the school, that is not within the same reasonable contiguous area, is used in direct support of or in relation to the school’s educational purpose, and is frequently used by the students.

Third party housing: Whether the rent is paid to the third party by the institution on behalf of the of the student or directly by the student, a student housing facility owned by a third party that has a contract with an institution to provide housing for the institution’s students is considered under the control of the institution.

Public property means all public property including thoroughfares, streets, sidewalks, and parking facilities that is within the same campus or immediately adjacent to and accessible from the campus. This would not include, for example, highways that are adjacent to the campus, but that are separated from the campus by a fence or other man-made barrier.

A school may use a map to visually illustrate the areas included in the definition of its campus.

Timely Warning

In addition to the required annual campus security report, schools are required to provide timely warning to the campus community of any occurrences of the following crimes that are reported to campus security authorities or local police agencies and are considered to represent a threat to students and employees, including:

  • Criminal homicide including, (a) murder and non-negligent manslaughter, and (b) negligent manslaughter;
  • Forcible and non-forcible sex offenses,
  • Robbery;
  • Aggravated assault;
  • Burglary;
  • Motor vehicle theft; and
  • Arson
  • Separately by category of prejudice, each crime listed above and any other crime involving bodily injury reported to local police agencies or to a campus security authority that shows evidence of prejudice base on race, gender, religion, sexual orientation, ethnicity, or disability;
  • Arrests for violation of liquor and drug law violations, and illegal weapons possession; and
  • Persons not arrested but referred for campus disciplinary action for liquor, drug, and weapons law violations

A school is not required to provide timely warning with respect to crimes reported to a pastoral or professional counselor as these positions are defined under 34 CFR 668.46 (a).

Note: A school must also include statistical and policy information related to theses same crimes in its campus security report; see the discussion on Campus Security earlier in this chapter.

Campus security authority

The following are campus security authorities:

1) A campus police or security department;

2) Any individual or individuals who have responsibility for campus security but who do not constitute a campus security or police department, such as an individual who is responsible for monitoring entrance into school property (e.g., an access monitor);

3) An individual or organization specified in a school’s campus security statement as the individual or organization to which students and employees should report criminal offenses; and

4) An official of a school who has significant responsibility for student and campus activities including, but not limited to, student housing, student discipline, and campus judicial proceedings.

The definition of campus security authority includes others in addition to those individuals working for the school’s campus security office or expressly performing a campus security function at the school’s request. An official who has significant responsibility for student and campus activities is a campus security authority. For example, a dean of students who oversees student housing, a student center, or student extracurricular activities, has significant responsibility for student and campus activities. Similarly, a director of athletics, team coach and faculty advisor to a student group also have significant responsibility for student and campus activities.

Professional and pastoral counselors excluded from reporting requirements

Of itself, reporting a statistic is not likely to identify a victim. However, the need to verify the occurrence of a crime and the need for additional information about a crime to avoid double counting can lead to the identification of the victim. Therefore, in order to ensure that victims have access to confidential counseling, professional and pastoral counselors, as defined in the regulations are not required to report crimes discussed with them in their roles as counselors when they are functioning within the scope of their license or certification. Other confidential reporting options are encouraged to obtain statistical data without infringing on an individual’s expectations of confidentiality.

A pastoral counselor is a person who is associated with a religious order or denomination, who is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.

A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the school’s community and who is functioning within the scope of his or her license or certification.

Daily crime log

Schools that maintain a campus police or security department must make, keep, and maintain daily logs of any crime that occurs within the patrol jurisdiction of the campus police or security department designated by the institution. The logs must be written in a manner that is easily understood. For each crime, the school must record the date it was reported, the nature, date, time, and general location, and the disposition of the complaint, if known. The logs must be made public, except where prohibited by law or when disclosure would jeopardize the confidentiality of the victim. Schools are required to update logs with new information when available, but no later than two business days after the information is received, unless the disclosure is prohibited by law or would jeopardize the confidentiality of the victim. The school must disclose any information withheld once the adverse effect is no longer likely to occur.

Often time passes between when a crime is committed and when it is discovered, making the date of occurrence unknown or uncertain. In addition, for statistical purposes, the FBI collects crime data based on when crimes are reported to the police. Therefore, an institution must report crime date based on when the crime was reported to campus police or security authorities.

The school must make the crime log for the most recent 60-day period open to public inspection during normal business hours.

The school must make any portion of the log older than 60 days available within two business days of a request for public inspection.

A school may withhold information if (and as long as) the release of the information would jeopardize an ongoing criminal investigation of the safety of an individual, cause a suspect to evade detection, or result in the destruction of evidence. A school may withhold only the information that would cause the aforementioned adverse effects.

The annual security report

The annual security report, due October 1, must contain the required crime statistics for the three calendar years preceding the year in which the report is disclosed. The crime report due October 1, 2023, must include statistics for the 2022, 2021, and 2020 calendar years. Schools must retain records used to create their campus security reports for three years after the due date of the report. Therefore, schools must maintain the information (data from 2022, 2021, and 2020) used in compiling the 2023 report, and make the report available until September 30, 2026. Crimes must be reported for the calendar year in which the crime was reported to a campus security authority rather than the year in which the crime occurred.

Policies and procedures for reporting crimes

The annual security report provides information regarding campus security policies and campus crime statistics. With limited exception, the campus security requirements do not prescribe policies and procedures for schools to follow. Rather, schools are required to make disclosures concerning the policies and procedures implemented by the school.

All schools must compile the required crime statistics in accordance with the definitions used in the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) system, Hate Crime Data Collection Guidelines and the Training Guide for Hate Crime Collection. For further guidance concerning the application of definitions and classification of crimes a school must use either the UCR Reporting Handbook or the UCR Reporting Handbook” NIBRS Edition.

Except when determining how to report crimes committed in a multiple offense situation, a school must use the hierarchy rule found in the UCR Reporting Handbook. Copies of these publications are available from: FBI Communications Unit, 1000 Custer Hollow Road, Clarksburg, WV 26306 (telephone: 304-625-2823). Schools are encouraged but not required to participate in the FBI’s UCR program.

The statistics required in the annual security report may not include the identification of the victim or the person accused of committing the crime.

A school must make a reasonable, good faith effort to obtain the required statistics and may rely on the information supplied by a local or state police agency. A school making a good faith effort will not be held responsible for the failure of local and state police agencies to supply the required statistics.

The annual security report must include the following:

1. The required institutional crime statistics, including

  • Criminal homicide, including (1) murder and non-negligent manslaughter, and (2) negligent manslaughter;
  • Sex offenses, including (1) forcible sex offenses, and (2) non-forcible sex offenses;
  • Robbery;
  • Aggravated assault;
  • Burglary;
  • Motor vehicle theft;
  • Arson;
  • Separately by category of prejudice, each crime listed above and any other crime involving bodily injury reported to local police agencies or to a campus security authority that show evidence of prejudice based on race, gender, religion, sexual orientation, ethnicity or disability;
  • Arrests for violations of liquor and drug law violations, and illegal weapons possession; and
  • Persons not arrested but referred for campus disciplinary action for liquor, drug, and weapons law violations.

Schools must report crime statistics by means of separate categories:

  • On campuses (see Definition of a campus)

Note: Crimes that occur in dormitories or other residential facilities for students are reported as a subset of crimes on campus and as a separate category.

  • In or a non-campus building or property;
  • On public property; and
  • Dormitories or other residential facilities for students on campus.

2. A statement of current campus policies regarding procedures for reporting crimes and other

emergencies occurring on campus and the policies for the school’s response to these reports,

including:

  • Policies for making timely reports of the above described crimes to members of the campus community;
  • Policies for preparing the annual disclosure of crime statistics; and
  • A list of the titles of each person or organization to whom the criminal offenses described above should be reported for the purpose of making timely warning reports and the annual statistical disclosure.

This statement must also describe any institutional policies or procedures that allow voluntary or confidential reports made by victims or witnesses to be included in the annual disclosure of crime statistics.

3. A statement of the school’s policies concerning the security of, and access to, all campus facilities,

including residences, and security consideration used in the maintenance of campus facilities,

4. A statement of the school’s policies concerning campus law enforcement, including:

  • The enforcement authority of campus security personnel, their working relationship with state and local police and other law enforcement agencies, and whether the security personnel have the authority to arrest individuals; and
  • Policies that encourage accurate and prompt reporting of crimes to campus police and the appropriate police agencies; and
  • Procedures that encourage pastoral counselors and professional counselors, if and when they deem it appropriate, to inform their clients of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.

5. Descriptions of the type and frequency of programs that

  • Inform students and employees about campus security procedures and practices; and
  • Encourage students and employees to be responsible for their own security and the security of others.

6. A description of institutional crime prevention programs;

7. A statement of the policies concerning the monitoring and recording (through local police agencies)

of criminal activity at off-campus locations of student organizations officially recognized by the

school, including student organizations with off-campus housing facilities (see the Definition of a

campus);

8. The policies concerning the possession, use, and sale of alcoholic beverages, including the enforcement of state underage drinking laws;

9. A statement of institutional policies concerning the possession, use, and sale of illegal drugs

including the enforcement of state and federal drug laws;

10. A description of the drug and alcohol-abuse education programs available to students and

employees, as required under section 120 (a) through (d) of the Higher Education Act;

11. A statement of the sexual assault prevention programs available and the procedures to be followed

when a sex offense occurs, including:

  • A description of educational programs to promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses;
  • Procedures a student should follow if a sex offense occurs (who to contact, how to contact them, the importance of preserving evidence for proof of a criminal offense, and to whom to report);
  • Options for the notification of local law enforcement officials (including on-campus and local police) and a statement that school personnel will assist the student in notifying these authorities, if requested by the student;
  • Availability of on-and off-campus counseling, mental health, or other student services for victims of sex offenses;
  • Notice to students that the school will change a victim’s academic and living situations after the alleged sex offense and of the options for changes, if changes are requested by the victim and are reasonably available;
  • Procedures for campus disciplinary actions in cases of an alleged sex offense, including a clear statement that both the accuser and the accused
  • Are entitled to the same opportunities to have others present during a disciplinary proceeding, and
  • Will be informed of the school’s final determination of any school disciplinary proceeding with respect to the alleged sex offense and any sanction that is imposed against the accused; and
  • Sanctions the school may impose following a final determination of a school disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses.

Complaints against schools

When a complaint is filed against a school alleging noncompliance with the campus security regulations, the Department will assess the complaint and determine the appropriate response.

Information about submitting reports of noncompliance is available at:

http://www.ed.gov/offices/OPE/PPI

Technical assistance to schools in administering the campus security regulations is available form the Department’s Customer Support Branch at 1-800-433-7327

An additional category of manslaughter

An additional category of manslaughter, broken into two sub categories, non-negligent and negligent manslaughter, is added to the category of murder. Murder and non-negligent manslaughter is the willful (non-negligent) killing of one human being by another. Manslaughter by negligence is the killing of another person through gross negligence. The new regulations incorporate manslaughter into the regulations by adding non-negligent manslaughter to the current murder category and adding a new negligent manslaughter category. Collectively the two categories are referred to as criminal homicide consistent with the FBI’s definitions.

Arson defined:

“Arson” is any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling, house, public building, motor vehicle or aircraft, personal property of another, etc.

Liquor law, drug, and weapons violations

The period for which liquor law, drug-law and weapons possession violations must be reported has changed from the most recent year to the most recent three years. In addition, the school must disclose not only the number of arrests for these crimes but also the unduplicated number of persons who were referred for campus disciplinary action for these activities.

Institutions should not include students referred for campus disciplinary action for alcohol, drug, and weapons possession unless those violations were also violations of law.

For example, if a student of legal drinking age in the state where the institution is located violates the institution’s dry campus policy and is referred for disciplinary action, that statistic should not be included in the institution’s crime statistics. If a student was both arrested and referred for campus disciplinary action for the same violation, the new regulations require that the institution report the statistic only under arrests.

Appendix D

MLI DRUG and ALCOHOL ABUSE PREVENTION INFORMATION

A school that participates in Federal Student Aid programs must provide information to its students, faculty, and employees to prevent drug and alcohol abuse.

In addition, a school that participates in Campus-Based programs must have a drug-free awareness program for its employees that includes a notice to its employees of unlawful activities and the actions the school will take against an employee who violates these prohibitions.

Information that Must Be Included in Drug Prevention Materials for Students:

  • Information on preventing drug and alcohol abuse;
  • Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of drugs and alcohol by students and employees on the school’s property, or as part of the school’s activities;
  • A description of the sanctions under local, state, and federal law for unlawful possession, use, or distribution of illicit drugs and alcohol;
  • A description of any drug and alcohol counseling, treatment, or rehabilitation programs available to students and employees;
  • A description of the health risks associated with the use of illicit drugs and alcohol;
  • A clear statement that the school will impose sanctions on students and employees for violations of the standards of conduct (consistent with local, state, and federal law) and a description of these sanctions, up to and including expulsion, termination of employment, and referral for prosecution.

Helpful Websites:

https://en.wikipedia.org/wiki/This_Is_Your_Brain_on_Drugs

http://www.nida.nih.gov

MLI DRUG FREE CAMPUS GUIDELINES

In compliance with the Drug-Free Schools and Communities Act (DFSCA), MLI has set forth in this guide the legal penalties under Federal law for the illegal possession or distribution of drugs and alcohol, as well as the range of school sanctions that can be imposed for violation of MLI’s policies regarding substance abuse. Both students and employees should read this carefully.

Policy:

The United States Department of Education has issued regulations for the implementation of the provisions of the “Drug-Free Schools and Communities Act Amendments of 1989” (Public law 101-226). The school will distribute annually to each student and employee information regarding the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on school property.

Standards of Conduct:

The school is committed to a campus free of illegal drug use, misuse and abuse of prescription drugs, underage drinking and alcohol abuse. The school has no tolerance for illegal activity or any other harmful conduct influenced by drugs or alcohol. Unlawful possession as well as the distribution of illegal drugs or alcohol is prohibited on school property or as part of its activities. The school will cooperate fully with law enforcement agencies and will apply appropriate internal disciplinary processes should a student or an employee violate criminal statutes with regard to illegal drugs or possession or sale of alcohol.

The following shows the Federal penalties:

Federal Trafficking Penalties

Drug/ Schedule Quantity Penalties Quantity Penalties

Cocaine (schedule II)

500-4999

gms mixture

First Offense: Not less than 5 yrs, and not more than 40 yrs. If 5 kgs or more mixture First Offense: Not less than 10 yrs, and not more than life. If death or serious injury , not less than 20 or more than life. Fine or not more than $ 4 million I an individual, $ 10 million if not an individual.

Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.

2 or More prior Offenses: Life imprisonment

Cocaine base (schedule) 5-49 gms
mixture
50 gms or more mixture
Fentanyl (schedule II) 40-49 gms mixture Death or serious injury , not less than 20 or more than life. Fine of not more than $2 million if an individual , $5 million if not an individual.

400 gms or more mixture

Fentanyl Analogue

(schedule I)

10-99 gms

mixture

100 gms or more mixture

Heroin (schedule I)

100-999 gms mixture

1kg or more mixture

LSD (schedule I)

1-9 gms

mixture

Second Offense: Not less than 10 yrs, and not more than life, if death or serious injury, life imprisonment. Fine of not more than $4 million individual; $10 million other than individual.

10 mgs or more mixture

Methamphetamine

(schedule II)

5-49 gms pure or 50-499 gms mixture

50 gms or more pure or 500 mgs or more mixture

PCP ( schedule II)

10-99 gms oure or 100-999 gms mixture

100 gm or more pure or 1 kg or more mixture

Penalties

Other schedule I & II drugs ( and any drug product containing Gamma Hydroxybutyric Acid)

Any amount

First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs, or more than life. Fine is $1 million if an individual,$5 million if not an individual.

Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual

Flunitrazepam

(schedule IV)

1 gm or more

Other schedule III drugs

Any amount

First Offense: Not more than 5yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $ million if not an individual

Flunitrazepam

(schedule IV)

30 to 999 mgs

All other Schedule IV drugs

Any amount

First Offense: Not more than 3 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam (schedule IV)

Less than 30 mg

All schedule V drugs

Any amount

First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Federal Trafficking Penalties-Marijuana

DRUG QUANTITY 1ST OFFENSE 2ND OFFENSE

Marijuana

1,000 kg or more mixture; 1,000 or more plants

  • Not less than 10 years, not more than life.
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $4 million if an individual, $10 million if other than an individual
  • Not less than 20 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $8 million if an individual, $20 million if other than an individual

Marijuana

100 kg to 999 kg mixture; or 100 to 999 plants

  • Not less than 5 years, not more than 40 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $2 million if an individual, $5 million if other than an individual
  • Not less than 10 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $4 million if an individual, $10 million if other than an individual

Marijuana

More than 10 kgs hashish; 50 to 99 kg mixture

More than 1 kg of hashish oil; 50 to 99 plants

  • Not more than 20 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine $1 million if an individual, $5 million if other than an individual
  • Not more than 30 years
  • If death or serious injury, mandatory life
  • Fine $2 million if an individual, $10 million if other than an individual

Marijuana

1 to 49 plants; less than 50 kg mixture

  • Not more than 5 years
  • Fine not more than $250,000, $1 million other than individual
  • Not more than 10 years
  • Fine $500,000 if an individual, $2 million if other than individual

Hashish

110 kg or less

Hashish

Oil

1 kg or less

Health Risks

The following briefly summarizes health risks and symptoms associated with the use of alcohol and other drugs. It is important to note that individuals experience alcohol and drugs in different ways based on physical tolerance, body size and gender, and on a variety of other physical and psychological factors.

Alcohol:

Alcohol consumption causes a number of changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasingly the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts. Moderate to high doses of alcohol cause marked impairments in higher mental functions severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described. Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Long-term consumption of large quantities of alcohol can also lead to permanent damage to vital organs such as the brain and the liver. Mothers who drink during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than others of developing alcohol related problems.

Cigarettes and other Nicotine Products:

In 1989, the U.S. Surgeon General issued a report that concluded that cigarettes and other forms of tobacco, such as cigars, pipe tobacco and chewing tobacco, are addictive and that nicotine is the drug in tobacco that causes addiction. In addition, the report determined that smoking was a major cause of stroke and the third leading cause of death in the United States. Nicotine is both a stimulant and a sedative to the central nervous system. Nicotine is absorbed readily from tobacco smoke in the lungs, and it does not matter whether the tobacco smoke is from cigarettes, cigars, or pipes, Nicotine also is absorbed readily when tobacco is chewed.

In addition to nicotine, cigarette smoke is primarily composed of a dozen gases (mainly carbon monoxide) and tar. The tar in a cigarette, which varies from about 15 mg for a regular cigarette to 7 mg in a low-tar cigarette, exposes the user to a high expectancy rate of lung cancer, emphysema, and bronchial disorders. The carbon monoxide in the smoke increases the chance of cardiovascular diseases. The Environmental Protection Agency has concluded that secondhand smoke causes lung cancer in adults and greatly increases the risk of respiratory illnesses in children and sudden infant death.

Prescription Medications:

Prescription drugs that are abused or used for non-medical reasons can alter brain activity and lead to dependence. Commonly abused classes of prescription drugs include opiates (often prescribed in the treatment of pain), central nervous system depressants (often prescribed to treat anxiety and sleep disorders), and stimulants (prescribed to treat narcolepsy, ADHD, and obesity). Long-term use of opiates or central nervous system depressants can lead to physical dependence and addiction. Taken in high doses, stimulants can lead to compulsive use, paranoia, dangerously high body temperatures and irregular heartbeat.

Marijuana:

Marijuana use can lead to a number of long term and short term physical and psychological effects. Marijuana use leads to a substantial increase in the heart rate, impairs short term memory and comprehension and motivation can be altered.

Cocaine and Crack:

Health risks may include changes in body temperature and blood pressure as well as heart and breathing rates. Even small amounts may cause the body to exceed its own limits, sometimes resulting in death. Snorting cocaine may severely damage nasal tissue and the septum. Smoking cocaine may damage the lungs. Someone using cocaine may experience muscle twitching, panic reactions, anxiety, numbness in hands and feet, loss of weight, a period of hyperactivity followed by a crash, a runny or bleeding nose, and depression. Other symptoms of cocaine use may include nausea, vomiting, insomnia, tremors, and convulsions. Chronic users may become paranoid and/or experience hallucinations.

Barbiturates:

In small doses, barbiturates produce calmness, relaxed muscles, and lowered anxiety. Larger doses cause slurred speech, staggering gait, and altered perception. Very large doses or doses taken in combination with other central nervous system depressants (e.g., alcohol) may cause respirator depression, coma and even death. A person who uses barbiturates may have poor muscle control, appear drowsy or drunk, become confused, irritable, or inattentive, or have slowed reactions.

Amphetamines:

Amphetamines, methamphetamines, or other stimulants can cause increased heart rate and respiratory rates, elevated blood pressure, and dilated pupils. Larger doses cause rapid or irregular heartbeat, tremors, and physical collapse. An amphetamine injection creates a sudden increase in blood pressure that can result in stroke, high fever, heart failure and death. An individual using amphetamines might begin to lose weight, have the sweats, and appear restless, anxious, moody, and unable to focus. Extended use may produce psychosis, including hallucinations, delusions and paranoia.

Hallucinogens:

PCP, or angel dust, interrupts the part of the brain that controls the intellect and keeps instincts in check. PCP blocks pain receptors. Violent episodes, including self-inflicted injuries, are not uncommon. Chronic users report memory loss and speech difficulty. Very large doses produce convulsions, coma, heart and lung failure, or ruptured blood vessels in the brain. LSD, mescaline, peyote, etc. cause dilated pupils, elevated body temperature, increased heart rate and blood pressure and tremors. Someone under the influence of PCP might appear moody, aggressive, or violent. Sleeplessness, confusion, anxiety, and panic, and may report perceptual distortions. Flashbacks may occur.

Steroids (anabolic):

Anabolic steroids are human-made substances related to male sex hormones. Some athletes abuse anabolic steroids to enhance performance. Abuse of anabolic steroids can lead to serious health problems, some of which are irreversible. Short term side effects include depression, hallucinations, paranoia, severe mood swings and aggressive behavior. Major side effects also can include liver tumors and cancer, jaundice, high blood pressure, kidney tumors, severe acne and trembling. In males side effects may include shrinking of the testicles and breast development. In females, side effects may include growth of facial air, menstrual changes and deepened voice. In teenagers, growth may be halted prematurely and permanently.

Narcotics:

Because narcotics are generally injected, the use of contaminated needles may result in the contraction of many different diseases, including AIDS and hepatitis. Symptoms of overdose include shallow breathing, clammy skin, convulsions, and coma and may result in death. Some signs of narcotic use are euphoria, drowsiness, constricted pupils, and nausea. Other symptoms include itchy skin, needle or “track” marks on the arms and legs, nodding, lack of sex drive and appetite, sweating, cramps and nausea when withdrawing from the drug.

Treatment:

Medication and behavioral therapy, alone or in combination, are aspects of an overall therapeutic process that often begins with detoxification, followed by treatment and relapse prevention. Easing withdrawal symptoms can be important in the initiation of treatment; preventing relapse is necessary for maintaining its effects. And sometimes, as with other chronic conditions, episodes of relapse may require a return to prior treatment components. A continuum of care that includes a customized treatment regimen, addressing all aspects of an individual’s life including medical and mental health services, and follow-up options (e.g. community or family based recovery support systems) can be crucial to a person’s success in achieving and maintaining a drug-free lifestyle.

Hotline Numbers:

National Drug and Alcohol Treatment Referral Services: 800-662-4357

Alcoholism Council of Greater New York: Dial 311 or 1-800-56-SOBER

New York Center for Addiction: 212-966-9537

School Disciplinary Sanctions:

It is the school policy to discourage all violations of Federal, State or local laws by any member of the school community. In addition to possible prosecution and punishment by civil authorities, a student or employee violating any law may be subject to sanctions imposed by the school.

Students:

Sanctions against students include, but are not limited to, disciplinary expulsion, suspension, and/or probation. When appropriate, school sanctions may be entered into permanent records. Parents of dependent students will be notified of pending charges or subsequent decisions.

Faculty:

Faculty who violate the school’s standards of conduct are subject to disciplinary action including reprimand and/or mandatory referral for drug or alcohol rehabilitation, suspension, or dismissal.

Other Employees:

The school may impose sanctions against any employee who violates Federal, State or local laws, or the standards of school conduct. Depending on the nature and severity of the violation, these sanctions can range from warnings and/or mandatory referral for drug or alcohol rehabilitation to outright termination of employment.