Federal · Title 20 — Education

20 U.S.C. § 1011i: Drug and alcohol abuse prevention

Civil

What this law says, in plain English

Institutions must establish drug and alcohol abuse prevention standards, conduct biennial reviews, impose sanctions for violations, and report findings to federal officials to maintain eligibility for federal financial assistance.

Read the full statutory text
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; a description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol; a description of the health-risks associated with the use of illicit drugs and the abuse of alcohol; a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and 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 determine the program’s effectiveness and implement changes to the program if the changes are needed; occur on the institution’s campus (as defined in section 1092(f)(6) of this title ), or as part of any of the institution’s activities; and are reported to campus officials; determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the institution as a result of drug and alcohol-related violations and fatalities on the institution’s campus or as part of any of the institution’s activities; and ensure that the sanctions required by paragraph (1)(E) are consistently enforced. 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). the periodic review of a representative sample of programs required by subsection (a); and 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. The sanctions required by subsection (a)(1)(E) may include the completion of an appropriate rehabilitation program. 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. 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. Grants and contracts shall be awarded under paragraph (1) on a competitive basis. 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. the equitable participation of private and public institutions of higher education (including community and junior colleges); and the equitable geographic participation of such institutions. In awarding grants and contracts under this subsection the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment. There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

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