Policy on Notification for Student Alcohol and Controlled Substance Violations (Beau's Law)

Policy Statement & Background:

Stony Brook University is committed to protecting student health and safety while respecting student privacy. In accordance with FERPA and New York State Education Law §6438-d (Beau’s law), Stony Brook University maintains the following policy regarding parent, guardian, or designated emergency contact notification when a student under the age of 21 is involved in certain alcohol- or controlled substance-related violations or incidents.

 

Stony Brook University maintains a policy regarding the notification of a student’s parent(s), guardian(s), or emergency contact(s) when a student under the age of 21 is involved in certain alcohol- or controlled substance-related violations or incidents. Notification decisions are made by authorized institutional offices or individuals. These decisions are guided by a number of considerations, including student/community health, safety, and welfare, as well as compliance with applicable federal and state laws.

 

Purpose

Effective July 1, 2026, and in accordance with FERPA and New York State Education Law §6438-d, this policy establishes the framework under which Stony Brook University may notify a student’s parent(s), guardian(s), or designated emergency contact(s) when a student under the age of 21 is involved in certain alcohol- or controlled substance-related violations or incidents. The purpose of this policy is to:

• Promote student health and safety;
• Ensure transparency regarding notification practices; and
• Clarify how Stony Brook University exercises its discretion under FERPA and applicable New York State law.

 

Scope

This policy applies to all students:

• Enrolled at Stony Brook University who are under the age of 21; and
• Involved in certain alcohol and/or controlled substance-related violations or incidents that the University becomes aware of, whether occurring on or off campus, which are addressed through institutional processes.

Policy:

Covered Incidents Subject to Notification

Stony Brook University does not routinely engage in communications with a parent, guardian, or emergency contact absent student consent, including for the below-listed covered incidents.  However, at the discretion of the University, a parent, guardian, or emergency contact may be notified when a student under the age of 21 is involved in one or more of the below-listed covered incidents when, based on the totality of the circumstances, the University determines that notification is appropriate.  These covered incidents, include, but are not limited to:

• Violations of institutional rules or policies related to the use or possession of alcohol or a controlled substance;
• Violations of federal, state, or local laws involving alcohol or controlled substances; and
• Alcohol or controlled substance-related medical emergencies, including:
  • Hospitalization;
  • Overdose; or
  • Other situations presenting a serious risk to the student’s or community’s health or safety.

Nothing in this Policy requires the University to notify a parent, guardian, or emergency contact if the University becomes aware of one of the above covered incidents. 

 

Notification Authority and Process

• Notification determinations are made only by authorized officials or designated institutional offices, which may include departments within Student Affairs, (including but not limited to the CARE team, the Center for Prevention and Outreach, and the Office of Student Conduct and Community Standards), University Police, Health Services, or other authorized officials.  
• Notification determinations may be made collaboratively and may involve any of the above-named offices. In order to determine the appropriateness of notification, authorized individuals and designated institutional offices may also consult with other University offices which maintain relevant information on a case-by-case basis, and the Office of General Counsel.
• Individual faculty or staff members do not contact parents, guardians, or emergency contacts unless specifically authorized.
• Notifications are made on a case-by-case basis, considering the totality of the circumstances.

 

FERPA and New York State Education Law Considerations

FERPA permits institutions of higher education to disclose personally identifiable information (“PII”) without consent if there is an articulable and significant threat to the health or safety of the student or others, and the disclosure is to parties who need to know in order to respond.

 

New York State Education Law §6438-d (Beau’s Law) requires transparency in NYS institutions of higher education on its policies involving notice to a parent, guardian, or emergency contact when a student under the age of 21 is involved in one or more of the following, including but not limited to:

• Violations of institutional rules or policies related to the use or possession of alcohol or a controlled substance;
• Violations of federal, state, or local laws involving alcohol or controlled substances; and
• Alcohol or controlled substance-related medical emergencies, including:
  • Hospitalization
  • Overdose; or
  • Other situations presenting a serious risk to the student’s health or safety.

Stony Brook University exercises its authority under FERPA and New York State Education Law in a manner that limits disclosures to information reasonably necessary to address the circumstances presented.

 

Student Notification

When feasible and appropriate, students will be informed that a parent, guardian, or emergency contact has been or may be notified, unless such notification would compromise health or safety or interfere with an ongoing investigation.

 

Confidentiality and Privacy

All notifications under this policy are handled with sensitivity and respect for student privacy. Information shared is limited to what is necessary to address health, safety, or welfare concerns. All disclosures made pursuant to this policy are documented.

 

Training and Awareness

Stony Brook University provides periodic training to employees regarding:

• FERPA requirements and exceptions;
• This notification policy; and
• Appropriate reporting and escalation procedures.

 

Definitions:

None

 

Contact:

Additional information about this policy is available here:

 Office of the Registrar
Stony Brook Union, Suite 206
Stony Brook, NY 11794
(631) 632-6175

 

Division of Student Affairs
222 Student Activities Center
Stony Brook, NY 11794-2800
(631) 632-7126

 

Relevant Standards, Codes, Rules, Regulations, Statutes and Policies:

• Code of Student Responsibility
• Stony Brook Registrar’s Office Website
• Student Access to Education Records Policy