AD87 Compliance with the Drug-Free Schools and Communities Act

Contents:

PURPOSE:

To establish the parameters for compliance with the Drug-Free Schools and Communities Act Amendments of 1989 which added section 1213 to the Higher Education Act (commonly referred to as the “DFSCA”) at all University locations.

BACKGROUND:

The DFSCA requires institutions of higher education receiving federal financial aid to adopt and implement a program to prevent the unlawful possession, use or distribution of illicit drugs and the abuse of alcohol by students and employees on University premises or as part of any of its activities.  The DFSCA requires that the University’s program include the distribution of drug and alcohol abuse and prevention information and a biennial review.

POLICY:

It is the policy of the University to maintain an academic and work environment free from the unlawful use of illicit drugs and alcohol abuse.  To that end, it is the University’s policy to comply in all respects with the DFSCA, and the University shall undertake the following actions:

• The University will distribute on an annual basis, in writing, to each employee and student who is taking one or more classes for any type of academic credit (except for continuing education credits):​

1. standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities;
2. a description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol;
3. a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
4. a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students;
5. a clear statement that the University will impose disciplinary sanctions on students and employees who violate the prohibitions on unlawful drug or alcohol abuse (consistent with local, State and Federal law); and
6. a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the University’s standards of conduct regarding drugs and alcohol.

• The University will conduct a biennial review of its drug and alcohol prevention program to determine its effectiveness, implement changes to the program if needed, determine the number of drug and alcohol-related violations and fatalities which are reported to campus officials and that occur on the University's campuses or as part of its activities, determine the number and type of sanctions imposed by the University for drug and alcohol violations on the University's campus or as part of its activities, and ensure that the disciplinary sanctions for violations of the University's standards of conduct related to drugs and alcohol are consistently enforced. The results of the biennial review will be documented.

Upon request, the University shall make available to the public the information it distributes on annual basis, as well as make its biennial review available when completed.

RECORDS RETENTION:

The University shall retain for a period of three years following their distribution:  (1) copies of the information distributed to employees and students on an annual basis; (2) the biennial review report; (3) those records documenting distribution; and (4) any other records reasonably related to the University’s compliance with the drug prevention program certification.  If any litigation, claim, negotiation, audit, review, or other action involving the records has been started before the expiration of the three-year period, the University shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the regular three-year period, whichever is later.

FURTHER INFORMATION:

For questions, additional detail, or to request changes to this policy, please contact the Office of General Counsel.

CROSS REFERENCES:

Other policies and procedures should be cross referenced, particularly:

AD18 - Possession, Use and Distribution of Alcoholic Beverages

AD33 - A Drug-Free Workplace

AD35 - University Archives and Records Management

Revision History (and effective dates):

• May 6, 2014 - New policy.