Drug-Free Schools & Drug-Free Workplace Compliance

Drug-Free Schools and Drug-Free Workplace Compliance

The State University of New York campuses must comply with the Drug-Free Schools and Communities (Campuses) Act of 1989 and Federal Anti-Drug Abuse Act of 1988.  The Drug-Free Schools and Campuses Regulations (EDGAR Part 86) lay out several requirements with which all institutions of Higher Education receiving any form of federal funding must comply with. The laws require an Alcohol and Other Drugs Prevention Program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees, with an annual notification and Biennial Review of its Alcohol and Other Drugs Prevention program to determine effectiveness and the consistency of sanction enforcement, in order to identify and implement any necessary changes. 

The Office of General Counsel has prepared a guidance document, OGC Guidance on Complying with Drug Free Regulations 2015, published July 22, 2015.  The document contains step-by-step instructions for campuses on how to comply with the laws and regulations.

 

Applicable Laws and Regulations

20 U.S.C. §1011h (Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption)

20 U.S.C. §1091 (Student Eligibility)

Also available on the Cornell Legal Information Institute website.

Title 34 - Education, Part 86 - Drug Free Schools and Campuses Regulations Drug and Alcohol Abuse Prevention, available from the Federal Student Aid Government website, http://www.ifap.ed.gov/ifap/.  Also available as Appendix 1, page 32-43 

 

SUNY Policies and Procedures

SUNY Policy, Complying with the Drug-Free Schools and Campuses Regulations (DFSCR), Document No. 3400, July 1, 1993.
It is the policy of the State University of New York (University) to comply with the Drug-Free Schools and Communities (Campuses) Act of 1989 and Federal Anti-Drug Abuse Act of 1988. This Policy document outlines the steps campuses must take to comply with these regulations.

 

SUNY Resources

OGC Guidance on Complying with Drug Free Regulations 2015, prepared by the SUNY Office of General Counsel, H.S. Albert Jung, Intern, July 22, 2015.
The guidance contains information on complying with the DFSCR, including how to Prepare the Annual Notice, how to distribute the Annual Notice, how to conduct the Biennial Review, and recordkeeping considerations to be able to demonstrate compliance with the law.

 

References to Best Practices and Other Supplemental Material

Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention, Education Development Center. [Since the passage of this SUNY procedure, this project has become inactive, but is presented on the website for archival purposes.]

Title 34 - Education, Part 86 - Drug Free Schools and Campuses Regulations Drug and Alcohol Abuse Prevention, available from the Federal Student Aid Government website, http://www.ifap.ed.gov/ifap/.  Also available as Appendix 1, page 32-43 in Complying With the Drug-Free Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College Administrators, U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention.

Description of the Higher Education Amendments of 1998, from the United States Department of Education website, in the section on Higher Education Laws and Guidance.

Complying With the Drug-Free Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College Administrators, U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention, 2006.  Also available permanently here.

Part 86 Compliance Checklist, Appendix 2, page 42 in Complying With the Drug-Free Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College Administrators, U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention.

Supplemental Checklist for Exceeding Compliance with the Drug-Free Schools and Campuses Regulations (EDGAR Part 86), U.S. Department of Education Higher Education Center, Appendix 6, page 50-56 in Complying With the Drug-Free Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College Administrators, U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention.

Federal Trafficking Penalties as of 2006, Appendix 3 in Complying With the Drug-Free Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College Administrators, U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention.

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The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete. For complete compliance information, consult your campus compliance officials. For legal advice, consult your lawyer.

Compliance