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DFSCA: Drug-Free Schools and Communities Act Amendments of 1989

Understand the DFSCA requirements and the importance of compliance in preventing high-risk drinking and drug abuse on campuses. Collaborate across departments to establish effective alcohol and drug abuse prevention programs. Stay connected with us for more information.

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DFSCA: Drug-Free Schools and Communities Act Amendments of 1989

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  1. The Drug-Free Schools and Communities Act Amendments of 1989 (DFSCA) Steven J. Healy Margolis Healy

  2. Common Challengeshttps://www.youtube.com/watch?v=REWeBzGuzCc

  3. Knowns & Unknowns • High-risk drinking and drug abuse are leading contributors to negative outcomes • We know that campus crime and disorder is connected to alcohol abuse • Many of unaware of DFSCA requirements • We are largely unaware that ED enforces a comprehensive law called DFSCA, as part of Clery Act enforcement • This is a potentially volatile mix!

  4. What is the DFSCA? • The Drug and Alcohol Abuse Prevention regulations (Part 86) implement section 22 the DFSCA • “These amendments require that, as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education(IHE) must certify that it has adopted and implemented a drug prevention program as described in this part.”

  5. The Details • Establish Alcohol & Other Drug (AOD) abuse prevention programs for students & employees • Annually provide students & employees and at entry to the IHE: • Standards of conduct that prohibit illegal possession, use and distribution of AOD; • Description of local, state or Federal AOD laws; • Description of the various health risks of AOD abuse; • Description of available counseling and treatment programs; and, • Description of institutional sanctions and a statement that the IHE will impose such sanctions http://counsel.cua.edu/fedlaw/Dfsca.cfm

  6. The Devil is in the Details • Complete a Biennial Review (every 2 years): • Determine its effectiveness and implement changes to the program if they are needed; and • Ensure the disciplinary sanctions described in paragraph (a)(5) of this section are consistently enforced. • This is a MAJOR undertaking http://counsel.cua.edu/fedlaw/Dfsca.cfm

  7. The Devil is in the Details • Biennial Review must include: • # of AOD related violations & fatalities on the campus or part of IHE activities • # and type of sanctions imposed as a result of AOD violations and fatalities above. • Campus is defined as in the Clery Act • Need not distribute, but must maintain and provide to ED upon request http://counsel.cua.edu/fedlaw/Dfsca.cfm

  8. Why This Should Matter… • The Clery Team enforces DFSCA • In 2017 published FPRDs, all institutions violated • All fined the max, except for 2 small institutions • Current Clery fines are nearly $58K • Like all Clery requirements this is not a campus safety responsibility – the institution must own this • Collaboration is crucial: Biennial Reviews require data on violations and sanctions as well as programming. https://studentaid.ed.gov/sa/about/data-center/school/program-reviews

  9. PSU Fine Distribution Tracie Bogus, PSU Mgr. of Police Records & Compliance – PPT to Big 10 2017

  10. Challenges • Failure to provide notice • Not just annual notice. Anyone who joins the community (employee or student) in the interceding 364 days must get notice • New Employees • Transfer students • Failure to conduct the Biennial Review

  11. What’s Often Missing • Failure to include the required elements in the Annual Security Report or make a cross-reference to an existent and operationalized source document • 668.46(b)(8) A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws • 668.46(b)(9) A statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws • 668.46(b)(10) A description of any drug or alcohol-abuse education programs, as required under section 120(a) through (d) of the HEA, otherwise known as the Drug-Free Schools and Communities Act of 1989. For the purpose of meeting this requirement, an institution may cross-reference the materials the institution uses to comply with section 120(a) through (d) of the HEA

  12. Collaboration • DFSCA compliance requires collaboration: • Nearly all units of student affairs • Campus safety agency • Human Resources • Institutional research • Local treatment and support providers (metadata if possible) • Others?

  13. Q & A

  14. Stay Connected With Us @margolishealy www.facebook.com/margolishealy www.linkedin.com/company/margolis-healy-&-associates

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