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Update--Governmental Failure to Enforce Failure to Enforce Federal Law to Protect Students-Confirmed-see IG Report-3/14/12
 

 

Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption.

                                 20 USC 1011h

 

‘‘SEC. 119. BINGE DRINKING ON COLLEGE CAMPUSES.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘Collegiate

Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption’.

‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that,

in an effort to change the culture of alcohol consumption on college

campuses, all institutions of higher education should carry out

the following:

‘‘(1) The president of the institution should appoint a task

force consisting of school administrators, faculty, students,

Greek system representatives, and others to conduct a full

examination of student and academic life at the institution.

The task force should make recommendations for a broad range

of policy and program changes that would serve to reduce

alcohol and other drug-related problems. The institution should

provide resources to assist the task force in promoting the

campus policies and proposed environmental changes that have

been identified.

‘‘(2) The institution should provide maximum opportunities

for students to live in an alcohol-free environment and to engage

in stimulating, alcohol-free recreational and leisure activities.

‘‘(3) The institution should enforce a ‘zero tolerance’ policy

on the illegal consumption of alcohol by students at the institution.

‘‘(4) The institution should vigorously enforce the institution’s

code of disciplinary sanctions for those who violate campus

alcohol policies. Students with alcohol or other drug-related

problems should be referred for assistance, including on-campus

counseling programs if appropriate.

‘‘(5) The institution should adopt a policy to discourage

alcoholic beverage-related sponsorship of on-campus activities.

It should adopt policies limiting the advertisement and promotion

of alcoholic beverages on campus.

‘‘(6) The institution should work with the local community,

including local businesses, in a ‘Town/Gown’ alliance to encourage

responsible policies toward alcohol consumption and to

address illegal alcohol use by students.

‘‘SEC. 120. DRUG AND ALCOHOL ABUSE PREVENTION.

‘‘(a) RESTRICTION ON ELIGIBILITY.—Notwithstanding any other

provision of law, no institution of higher education shall be eligible

to receive funds or any other form of financial assistance under

any Federal program, including participation in any federally

funded or guaranteed student loan program, unless the institution

certifies to the Secretary that the institution has adopted and

has implemented a program to prevent the use of illicit drugs

and the abuse of alcohol by students and employees that, at a

minimum, includes—

‘‘(1) the annual distribution to each student and employee

of—

. ‘‘(A) standards of conduct that clearly prohibit, at a

minimum, the unlawful possession, use, or distribution of

illicit drugs and alcohol by students and employees on

the institution’s property or as part of any of the institution’s

activities;

‘‘(B) a description of the applicable legal sanctions

under local, State, or Federal law for the unlawful possession

or distribution of illicit drugs and alcohol;

‘‘(C) a description of the health-risks associated with

the use of illicit drugs and the abuse of alcohol;

‘‘(D) a description of any drug or alcohol counseling,

treatment, or rehabilitation or re-entry programs that are

available to employees or students; and

‘‘(E) a clear statement that the institution will impose

sanctions on students and employees (consistent with local,

State, and Federal law), and a description of those sanctions,

up to and including expulsion or termination of

employment and referral for prosecution, for violations of

the standards of conduct required by subparagraph (A);

and

‘‘(2) a biennial review by the institution of the institution’s

program to—

‘‘(A) determine the program’s effectiveness and implement

changes to the program if the changes are needed;

and

‘‘(B) ensure that the sanctions required by paragraph

(1)(E) are consistently enforced.

‘‘(b) INFORMATION AVAILABILITY.—Each institution of higher

education that provides the certification required by subsection

(a) shall, upon request, make available to the Secretary and to

the public a copy of each item required by subsection (a)(1) as

well as the results of the biennial review required by subsection

(a)(2).

‘‘(c) REGULATIONS.—

‘‘(1) IN GENERAL.—The Secretary shall publish regulations

to implement and enforce the provisions of this section, including

regulations that provide for—

‘‘(A) the periodic review of a representative sample

of programs required by subsection (a); and

‘‘(B) a range of responses and sanctions for institutions

of higher education that fail to implement their programs

or to consistently enforce their sanctions, including

information and technical assistance, the development of

a compliance agreement, and the termination of any form

of Federal financial assistance.

‘‘(2) REHABILITATION PROGRAM.—The sanctions required by

subsection (a)(1)(E) may include the completion of an appropriate

rehabilitation program.

‘‘(d) APPEALS.—Upon determination by the Secretary to terminate

financial assistance to any institution of higher education

under this section, the institution may file an appeal with an

administrative law judge before the expiration of the 30-day period

beginning on the date such institution is notified of the decision

to terminate financial assistance under this section. Such judge

shall hold a hearing with respect to such termination of assistance

before the expiration of the 45-day period beginning on the date

that such appeal is filed. Such judge may extend such 45-day

period upon a motion by the institution concerned. The decision

of the judge with respect to such termination shall be considered

to be a final agency action.

‘‘(e) ALCOHOL AND DRUG ABUSE PREVENTION GRANTS.—

‘‘(1) PROGRAM AUTHORITY.—The Secretary may make grants

to institutions of higher education or consortia of such institutions,

and enter into contracts with such institutions, consortia,

and other organizations, to develop, implement, operate,

improve, and disseminate programs of prevention, and education

(including treatment-referral) to reduce and eliminate

the illegal use of drugs and alcohol and the violence associated

with such use. Such grants or contracts may also be used

for the support of a higher education center for alcohol and

drug abuse prevention that will provide training, technical

assistance, evaluation, dissemination, and associated services

and assistance to the higher education community as determined

by the Secretary and institutions of higher education.

‘‘(2) AWARDS.—Grants and contracts shall be awarded

under paragraph (1) on a competitive basis.

‘‘(3) APPLICATIONS.—An institution of higher education, a

consortium of such institutions, or another organization that

desires to receive a grant or contract under paragraph (1)

shall submit an application to the Secretary at such time,

in such manner, and containing or accompanied by such

information as the Secretary may reasonably require by regulation.

‘‘(4) ADDITIONAL REQUIREMENTS.—

‘‘(A) PARTICIPATION.—In awarding grants and contracts

under this subsection the Secretary shall make every effort

to ensure—

‘‘(i) the equitable participation of private and public

institutions of higher education (including community

and junior colleges); and

‘‘(ii) the equitable geographic participation of such

institutions.

‘‘(B) CONSIDERATION.—In awarding grants and contracts

under this subsection the Secretary shall give appropriate

consideration to institutions of higher education with

limited enrollment.

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to carry out this subsection

$5,000,000 for fiscal year 1999 and such sums as may be

necessary for each of the 4 succeeding fiscal years.

‘‘(f ) NATIONAL RECOGNITION AWARDS.—

‘‘(1) PURPOSE.—It is the purpose of this subsection to provide

models of innovative and effective alcohol and drug abuse

prevention programs in higher education and to focus national

attention on exemplary alcohol and drug abuse prevention

efforts.

‘‘(2) AWARDS.—

‘‘(A) IN GENERAL.—The Secretary shall make 5

National Recognition Awards for outstanding alcohol

prevention programs and 5 National Recognition Awards

for outstanding drug abuse prevention programs, on an

annual basis, to institutions of higher education that—

‘‘(i) have developed and implemented innovative

and effective alcohol prevention programs or drug

abuse prevention programs; and

‘‘(ii) with respect to an application for an alcohol

prevention program award, demonstrate in the application

submitted under paragraph (3) that the institution

has undertaken efforts designed to change the culture

of college drinking consistent with the review criteria

described in paragraph (3)(C)(iii).

‘‘(B) CEREMONY.—The awards shall be made at a ceremony

in Washington, D.C.

‘‘(C) DOCUMENT.—The Secretary shall publish a document

describing the alcohol and drug abuse prevention

programs of institutions of higher education that receive

the awards under this subsection and disseminate the document

nationally to all public and private secondary school

guidance counselors for use by secondary school juniors

and seniors preparing to enter an institution of higher

education. The document shall be disseminated not later

than January 1 of each academic year.

‘‘(D) AMOUNT AND USE.—Each institution of higher education

selected to receive an award under this subsection

shall receive an award in the amount of $50,000. Such

award shall be used for the maintenance and improvement

of the institution’s outstanding prevention program for the

academic year following the academic year for which the

award is made.

‘‘(3) APPLICATION.—

‘‘(A) IN GENERAL.—Each institution of higher education

desiring an award under this subsection shall submit an

application to the Secretary at such time, in such manner,

and accompanied by such information as the Secretary

may require. Each such application shall contain—

‘‘(i) a clear description of the goals and objectives

of the prevention program of the institution;

‘‘(ii) a description of program activities that focus

on alcohol or drug policy issues, policy development,

modification, or refinement, policy dissemination and

implementation, and policy enforcement;

‘‘(iii) a description of activities that encourage student

and employee participation and involvement in

activity development and implementation;

‘‘(iv) the objective criteria used to determine the

effectiveness of the methods used in such programs

and the means used to evaluate and improve the programs’

efforts;

‘‘(v) a description of special initiatives used to

reduce high-risk behavior or increase low-risk behavior;

and

‘‘(vi) a description of coordination and networking

efforts that exist in the community in which the institution

is located for purposes of such programs.

‘‘(B) APPLICATION REVIEW.—The Secretary shall

appoint a committee to review applications submitted

under this paragraph. The committee may include representatives

of Federal departments or agencies the programs

of which include alcohol abuse prevention and education

efforts and drug abuse prevention and education

efforts, directors or heads (or their representatives) of

professional associations that focus on alcohol and drug

abuse prevention efforts, and non-Federal scientists who

have backgrounds in social science evaluation and research

methodology and in education. Decisions of the committee

shall be made directly to the Secretary without review

by any other entity in the Department.

‘‘(C) REVIEW CRITERIA.—The committee described in

subparagraph (B) shall develop specific review criteria for

reviewing and evaluating applications submitted under this

paragraph. The review criteria shall include—

‘‘(i) measures of the effectiveness of the program

of the institution, that includes changes in the campus

alcohol or other drug environment or the climate and

changes in alcohol or other drug use before and after

the initiation of the program;

‘‘(ii) measures of program institutionalization,

including—

‘‘(I) an assessment of needs of the institution;

‘‘(II) the institution’s alcohol and drug policies,

staff and faculty development activities, drug

prevention criteria, student, faculty, and campus

community involvement; and

‘‘(III) whether the program will be continued

after the cessation of Federal funding; and

‘‘(iii) with respect to an application for an alcohol

prevention program award, criteria for determining

whether the institution has policies in effect that—

‘‘(I) prohibit alcoholic beverage sponsorship of

athletic events, and prohibit alcoholic beverage

advertising inside athletic facilities;

‘‘(II) prohibit alcoholic beverage marketing on

campus, which may include efforts to ban alcohol

advertising in institutional publications or efforts

to prohibit alcohol-related advertisements at campus

events;

‘‘(III) establish or expand upon alcohol-free living

arrangements for all college students;

‘‘(IV) establish partnerships with community

members and organizations to further alcohol

prevention efforts on campus and the areas

surrounding campus; and

‘‘(V) establish innovative communications programs

involving students and faculty in an effort

to educate students about alcohol-related risks.

‘‘(4) ELIGIBILITY.—In order to be eligible to receive a

National Recognition Award an institution of higher education

shall—

‘‘(A) offer an associate or baccalaureate degree;

‘‘(B) have established an alcohol abuse prevention and

education program or a drug abuse prevention and education

program;

‘‘(C) nominate itself or be nominated by others, such

as professional associations or student organizations, to

receive the award; and

‘‘(D) not have received an award under this subsection

during the 5 academic years preceding the academic year

for which the determination is made.

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(A) IN GENERAL.—There is authorized to be appropriated

to carry out this subsection $750,000 for fiscal

year 1999.

‘‘(B) AVAILABILITY.—Funds appropriated under

subparagraph (A) shall remain available until expended.

 

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