The Drug-Free Schools & Communities Act: A Friendly Reminder Bradley D. Custer, MA Coordinator, Code of Conduct Moraine Valley Community College

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 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  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 RegisterFederal Register  1992 Handbook – Palmer and GehringHandbook  1997/2006 Handbook – Higher Education Center and DeRicco*Handbook  2011 DCL – US DoE and National Drug Control Policy OfficeDCL  Enhanced monitoring of IHE compliance with the requirements of 34 CFR Part 86  2012 Inspector General ReportReport  DOE OPE performed no oversight activities of IHE drug and alcohol abuse prevention programs from 1998 to June  FSA’s oversight process provides no assurance that IHEs are in compliance with Part 86  2012 NACUA NotesNotes ACPA 2015 * B. Custer

Legal Mandates: The Big Three  §  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.  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 TemplateTemplate ACPA 2015 * B. Custer

AOD Prevention Program  §86.3  (a) An IHE shall adopt and implement a drug prevention program as described in § 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 TemplateTemplate  Law effective date: October 1, 1990  First biennial review: Completed by October 1, 1992  Example: Fall 2012-Summer 2014, completed review by October 2014  §  (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 §  “Reps and Certs” – grant/contract application ACPA 2015 * B. Custer

Federal Enforcement  §  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  §  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 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 Core  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 NIAAA Tiers of Effective Interventions  2003 IOM Reducing Underage Drinking: A Collective ResponsibilityIOM 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  Higher Education Compliance  Code of Federal Regulations Part 86 text  Bradley D. Custer  LinkedIn LinkedIn  Academia.edu Academia.edu   ACPA 2015 * B. Custer