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Drug free
Schools and Communities Act
Initiative To
Reduce Binge Drinking and Illegal Alcohol Consumption
Summary of
Significant Provisions
The act
initially provides the Sense of the Congress which
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Recognizes the need for institutions of higher education to address the
culture of alcohol consumption on campuses, and provides guidance for
the desired outcome approaches, including:
§
Providing “maximum opportunities for students to live in an alcohol-free
environment and to engage in stimulating, alcohol-free recreational and leisure
activities”
§
Enforcing “a ‘zero tolerance’ policy on the illegal consumption of alcohol by
students at the institution”
§
Vigorously enforcing the institution’s code of disciplinary sanctions for those
who violate campus alcohol policies.
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This provision provides recommended rather than required actions.
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No
sanctions provided for noncompliance. However, they can be viewed as
Congressional intent for the following provisions.
The law
then establishes requirements which must be satisfied in order to
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. Central to those requirements are:
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Establishments of standards of conduct that clearly prohibit, at a
minimum, the unlawful possession, use, or distribution of illicit
drugs,
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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,
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A biennial review by the institution of the institution’s program to
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Determine the program’s effectiveness and implement changes to the
program if the changes are needed; and
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Ensure that the sanctions required are consistently enforced.
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The institution must provide a certification of compliance
Section
120(c) authorizes regulations to be established providing a range of sanctions
for noncompliance.
Regulation
Sec. 86.300 addresses what constitutes a violation as follows:
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Receiving any form of Federal financial assistance after becoming ineligible to
receive that assistance because of failure to submit a certification, or
o
Violating its certification which includes failure to:
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Adopt or implement its drug prevention program; or
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Consistently enforce its disciplinary sanctions for violations by
students and employees of the standards of conduct
"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."
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