Drug Free Schools and Communities Act Amendment of 1989

The passage of the Drug Free Schools and Communities Act Amendments of 1989, impacts all institutions of higher education that receive federal financial assistance.

The provisions of the law impose three acts for institutions:

  1. Colleges must certify that they have "adopted and ... implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees..." The law then defines the minimum requirements for a program.
  2. At a minimum, institutions are required to give notice to each student and employee of:
    • The standards of conduct prohibiting the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on institutional property or any of its activities
    • A description of applicable local, state, or federal legal sanctions for unlawful possession or distribution of illicit drugs and alcohol.
    • A description of health risks associated with the above.
    • A description of counseling, treatment, or re-entry programs available to students and employees.
    • A clear statement that the institution will impose penalties for violations of its standards of conduct and a description of those penalties "up to and including expulsion or termination of employment and referral for prosecution."
  3. Each college must conduct a biennial review of its program to determine its effectiveness, make changes where necessary, and ensure that sanctions imposed on violators are consistently enforced.
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