Notification of Parent, Guardian, or Emergency Contact for Alcohol and Controlled Substance Violations

Policy Statement

SUNY Brockport is committed to protecting student health and safety while respecting student privacy. In accordance with the Family Educational Rights and Privacy Act (FERPA) and New York State Education Law §6438-d (Beau’s Law), SUNY Brockport maintains the following policy regarding when a parent, guardian, or designated emergency contact may be notified if a student under the age of 21 is involved in certain alcohol- or controlled substance-related incidents. Notification decisions are made by authorized institutional offices and are guided by considerations of student health, safety, and welfare, as well as compliance with applicable federal and state laws.

Purpose/Scope

Effective July 1, 2026, and in accordance with FERPA and New York State Education Law §6438-d, this policy establishes the framework under which SUNY Brockport 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 SUNY Brockport exercises its discretion under FERPA and applicable New York State law.

Applicability

This policy applies to all enrolled students who are:

• Under the age of 21; and
• Involved in alcohol or controlled substance-related incidents which occur on or off campus and are addressed through SUNY Brockport processes.

Definitions

There are no definitions for this policy currently.

Policy Procedures

A parent, guardian, or emergency contact^[1] may be notified 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.

Notification Authority and Process

• Notification determinations are made only by designated institutional offices, which may include Student Affairs, the Dean of Students, University Police, Student Conduct, Residential Life/Learning Communities, Health Services, or other authorized officials.
• 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 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.

SUNY Brockport 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

SUNY Brockport provides regular training to employees regarding:

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

FERPA and New York State Education Law Considerations

FERPA permits institutions of higher education to disclose 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 to respond.

New York State Education Law §6438-d (Beau’s Law) Consistent with FERPA’s above health and safety exception, this law requires institutions to publicly display their policy for contacting a student’s parent(s), guardian(s), or emergency contact(s) of a violation by a student under the age of 21 for the use or possession of alcohol or a controlled substance.

Violations include but are not limited to:

• rule infractions
• violations of federal, state, or local law, or
• controlled substance or alcohol related hospitalizations or overdoses

[1] The university relies on data provided by the student and stored within the Student Information System (Banner) for identification and verification purposes. Additional information submitted to Residential Life/Learning Communities may also be reviewed, when available.

Links to Related Procedures and Information

https://studentprivacy.ed.gov/ferpa
https://newyork.public.law/laws/n.y._education_law_section_6438-d
https://www.govinfo.gov/content/pkg/USCODE-2011-title21/html/USCODE-2011-title21-chap13-subchapI-partB.htm S

University Links

https://www.brockport.edu/support/policies/student/code_of_conduct/
https://www.brockport.edu/families/ferpa/
https://www.brockport.edu/live/profiles/family-educational-rights-and-privacy-act-ferpa

Contact Information

Vice President for Student Affairs
Allen Admin Building 7th Floor
(585) 395-2137
VPSA@brockport.edu 

History (in descending order)

Item	Date	Explanation
Next Review Date	2031-06-29	Five-year review
Adoption Date	2026-06-29	Policy Adopted
Draft Review Date		Draft Policy under 30-day Campus Review

Approval

This policy was approved by President’s Cabinet on 2026-06-29