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The Drug-Free Schools & Communities Act:
A Friendly ReminderBradley D. Custer, MA
Coordinator, Code of ConductMoraine Valley Community College
ACPA 2015 * B. Custer
Purpose
Why are you here?
OMG what is DFSCA?
Refresher course
Experts
Community colleges/ commuter campuses
Why DFSCA Now?
Law has not changed
New federal interest
Share what I’ve learned*
ACPA 2015 * B. Custer
Overview The Law
History
Guidance Documents
Learn where to find primary sources on DFSCA and compliance
Legal Mandates
Learn the details of the federal law, the three key mandates, and penalties
Compliance
Moraine Valley Community College Experience
Learn how one community college made changes in a 2-year period to improve compliance
Strategies for Compliance
Learn how to gradually improve quality of AOD program, notification, and biennial review
Resources
ACPA 2015 * B. Custer
History
War on Drugs: 1970s-1980s
Nixon: Comprehensive Drug Abuse Prevention and Control Act of 1970
Drug-Free Workplace Act of 1988
Drug-Free Schools and Communities Act of 1989
Safe and Drug-Free Schools and Communities Act of 1994
Elementary and Secondary Education Act of 1965
No Child Left Behind Act 2001
ACPA 2015 * B. Custer
Drug-Free Schools and Communities Act
Passed Congress in 1986
Bush: “Drug-Free Schools and Communities Act of 1989”
Amended Higher Education Act of 1965
Public Law 101-226
34 CFR Part 86 – “Part 86”
Education Department General Administration Regulations “EDGAR” Part 86
Federal Register/ Regulations: “Drug-Free Schools and Campuses Regulations”
ACPA 2015 * B. Custer
Guidance Documents
1990 Federal Register
1992 Handbook – Palmer and Gehring
1997/2006 Handbook – Higher Education Center and DeRicco*
2011 DCL – US DoE and National Drug Control Policy Office
Enhanced monitoring of IHE compliance with the requirements of 34 CFR Part 86
2012 Inspector General Report
DOE OPE performed no oversight activities of IHE drug and alcohol abuse prevention programs from 1998 to June 2010.
FSA’s oversight process provides no assurance that IHEs are in compliance with Part 86
2012 NACUA Notes
ACPA 2015 * B. Custer
Legal Mandates: The Big Three
§86.100
Deliver Annual Notification
Implement AOD Prevention Program
Perform Biennial Review
ACPA 2015 * B. Custer
Annual Notification
§86.100(a) The annual distribution in writing to each employee, and to each student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student's program of study, of—
Contents:
Standards of conduct (policies)
Legal sanctions
Health risks of drug use
AOD counseling or treatment programs
Promise to impose disciplinary sanctions
ACPA 2015 * B. Custer
Annual Notification
Delivery
Handbooks/Catalogs/Website – insufficient
US Mail vs. Email
Insert with other college mailings/handouts
Multiple methods - best
“Annual” – community college challenge
“…provide reasonable assurance to the DOE (if audited) that this method of dissemination ensures distribution to all students and employees.”
DFSCA Annual Notification: IHEC Template
ACPA 2015 * B. Custer
AOD Prevention Program
§86.3
(a) An IHE shall adopt and implement a drug prevention program as described in §86.100 to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities.
ACPA 2015 * B. Custer
Biennial Review
(1) Determine [the AOD program’s] effectiveness and implement changes to the program if they are needed; and
(2) Ensure that the disciplinary sanctions described in paragraph (a)(5) of this section are consistently enforced.
ASSESSMENT
ACPA 2015 * B. Custer
Biennial Review
Contents:
Data
AOD-related offenses/violations/sanctions (employee & student discipline)
AOD referrals to counseling/EAP
AOD use data
Attitudes and perceptions data
Description of AOD programs
Program inventory (SWOT)
Assessment data (learning & behavioral outcomes)
AOD policy inventory
Procedures for distributing annual notice
Analysis (The Review)
Goal achievement/ program effectiveness
Recommendations/ new goals
ACPA 2015 * B. Custer
Biennial Review
Format: Inventory vs. Report
Biennial Review Format and Contents: IHEC Template
Law effective date: October 1, 1990
First biennial review: Completed by October 1, 1992
Example: Fall 2012-Summer 2014, completed review by October 2014
§86.103
(a) Each IHE … shall, upon request, make available to the Secretary and the public a copy of each item required by §86.100(a) as well as the results of the biennial review…
b)(1) An IHE shall retain the following records for three years after the fiscal year in which the record was created…
ACPA 2015 * B. Custer
Certification
§86.3
(b) An IHE shall provide a written certification that it has adopted and implemented the drug prevention program described in §86.100.
“Reps and Certs” – grant/contract application
ACPA 2015 * B. Custer
Federal Enforcement
§86.300
An IHE violates this part by –
(b) Violating its certification. Violation of a certification includes failure of an IHE to—
(1) Adopt or implement its drug prevention program; or
(2) Consistently enforce its disciplinary sanctions for violations by students and employees of the standards of conduct adopted by an IHE under §86.100(a)(1).
ACPA 2015 * B. Custer
Federal Enforcement
§86.301
Provide information/ technical assistance
Compliance agreement
(1) Repayment of any or all forms of Federal financial assistance received by the IHE when it was in violation of this part; and
(2) The termination of any or all forms of Federal financial assistance…
(B) Prohibits an IHE from making any new obligations against Federal funds; and
(ii) For purposes of an IHE's participation in the student financial assistance programs authorized by title IV of the Higher Education Act of 1965 as amended, has the same effect as a termination under 34 CFR 668.94.
ACPA 2015 * B. Custer
Questions?
The law
History
Guidance documents
DFSCA
AOD Program
Annual Notice
Biennial Review
ACPA 2015 * B. Custer
Moraine Valley Community College
Southwest Chicagoland
15,000 students
Few alcohol/drug student conduct cases
Limited AOD programs
No AOD coordinator/ health educator
AOD Taskforce
January 2013 – Financial Aid Audit
Requested DFSCA Biennial Review
Compliance conversations: FERPA, Clery, DFSCA, ADA, etc.
ACPA 2015 * B. Custer
Steps to Compliance DFSCA education
Trainings
2006 Handbook
Present to administration
Collaboration
Split work load
Instill philosophy of AOD prevention/ education vs. legal compliance
Get upper admins in the van, but don’t expect them to drive.
Collect student/employee use data
Core Institute Drug/Alcohol Survey
EAP data
Continual review
Don’t wait 2 years to being collecting data or assessing programs
ACPA 2015 * B. Custer
What the auditors want to see…
Detailed student conduct statistics
Athletes, Greeks, other special groups
Consistency in policy enforcement
Evidence-based AOD programs
2002 NIAAA Tiers of Effective Interventions
2003 IOM Reducing Underage Drinking: A Collective Responsibility
Assessment data (learning & behavioral outcomes)
Use/attitudes data
Thoughtful review
Goals for next biennium
ACPA 2015 * B. Custer
Successes
Improved training
Improved annual notice & delivery
Assessment of student use
Core survey
New AOD programs & improvements
Online prevention program
ECALC presentations for athletes
BASICS training
Assessment
Biennial Review
Data
Administration Buy-In
Law and philosophy
ACPA 2015 * B. Custer
Additional Resources
Illinois Higher Education Center for Alcohol, Other Drug, and Violence Prevention http://www.eiu.edu/ihec/
Higher Education Compliancehttp://www.higheredcompliance.org/matrix/
Code of Federal Regulations Part 86 texthttp://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=34%3A1.1.1.1.30
Bradley D. Custer
Academia.edu
www.morainevalley.edu/conduct
