Federal Student Financial Aid Penalties for Drug Law Violations
- The Federal Drug Free Schools and Communities Act Amendment of l989 (Public Law l02-226) contains Section 22, Drug-Free Schools and Campuses, which was enacted to ensure that any institution of higher education that receives funds under any federal program has adopted and implemented a program to prevent the use of illicit drugs and abuse of alcohol by students.
- No student may engage in the unlawful possession, use of OR distribution of illicit drugs and alcohol on the University's property, or as part of any of its sponsored activities. Such unlawful activity may be considered sufficient grounds for serious punitive action, including expulsion.
- If a student is convicted (including a plea of nolo contendere) of committing certain felony offenses involving any criminal drug and/or alcohol statute of any jurisdiction, regardless of whether the alleged violations occurred at the university or elsewhere, the student will be suspended immediately and denied state and/or federal financial aid funds from the date of conviction.
- The university shall notify the appropriate federal/state funding agency within ten days after receiving notice of the conviction from the student or otherwise after receiving the actual notice of conviction.
- Within 30 days of notification of conviction, the university shall with respect to any student so convicted:
- Take additional appropriate action against such student up to and including expulsion, as it deems necessary.
- Provide such student with a description of any drug or alcohol counseling treatment, or rehabilitation or re-entry programs that are available for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
- The university is responsible for ensuring the development and implementation of a drug-free awareness program to inform students of the following:
- A description of the health risks associated with the use of illicit drugs and alcohol.
- A description of any drug and alcohol counseling, treatment, or rehabilitation programs available to students and employees
- 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 a part of the school’s activities
- A description of the applicable legal sanctions under local, state, and federal law for unlawful possession, use, or distribution of illicit drugs and alcohol
- Any penalties to be imposed upon students for drug and alcohol abuse violations occurring on the campus
- A clear statement that the school will impose sanctions on students and employees, up to and including expulsion or termination of employment, and referral for prosecution of the standards of conduct.
- The university shall conduct a biennial review of its program to determine its effectiveness and implement changes to the program if they are needed and to ensure that the sanctions required by the program are consistently enforced.
- The university shall maintain and make available to the U.S. Secretary of Education and to the public a copy of each item in the program as required by this policy and applicable law as well as results of the biennial review.
Note: The State Board of Technical and Adult Education, July l990, approved the above Drug Free Policy.