Drug-Free Schools and Communities Act UPPS No. 04.04.48
Issue No. 2
Effective Date: 03/31/2010
Review: June 1 E3Y
01. POLICY STATEMENT
01.01 This UPPS establishes guidelines to comply with the Drug-Free Schools and Communities Act Amendments of 1989.
02. REQUIREMENTS OF THE DRUG-FREE SCHOOLS AND COMMUNITIES ACT
02.01 This federal statute provides that in order to receive federal financial assistance of any kind after October 1, 1990, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees. At a minimum, this program must include the annual distribution of the following to each student and employee:
a. 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 any part of the institution's activities;
b. a description of applicable legal sanctions under local, state, or federal law for unlawful possession, use, or distribution of illicit drugs and alcohol;
c. a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
d. a description of available drug and alcohol counseling treatment, rehabilitation, or re-entry programs; and
e. a clear statement that the institution will impose sanctions on students and employees (consistent with local, state, and federal laws) and a description of these sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct.
02.02 The law further requires that the institution conduct a biennial review of its program to:
a. determine its effectiveness and implement changes if they are needed; and
b. ensure that the sanctions developed are consistently enforced.
03. PROCEDURES FOR DISTRIBUTION OF POLICY AND REVIEW OF PROGRAM
03.01 The university has published Drug-Free Schools and Communities Information for Students and Employees Regarding Illicit Drug and Alcohol Abuse, available to students, staff, and faculty. This statement is available through the Alcohol and Drug Resource Center, the Dean of Students Office, and Human Resources.
03.02 The Staff Handbook, the Faculty Handbook, and the Campus Watch contain a summary of the policy in the Drug-Free Schools and Communities Information for Students and Employees Regarding Illicit Drug and Alcohol Abuse statement.
03.03 The vice president for Student Affairs (VPSA) will distribute the university policy statement to faculty, staff, and students on an annual basis.
03.04 Every biennium, beginning in 1992, the University Attorney, the Dean of Students, the Director of the Alcohol and Drug Resource Center and the Director of Human Resources will review the university's drug prevention program to:
a. determine its effectiveness and implement changes to the program as they are needed; and
b. ensure that the disciplinary sanctions described are consistently enforced.
03.05 The director of the Alcohol and Drug Resource Center will prepare a biennial report of the program review.
04. REVIEWERS OF THIS UPPS
04.01 Reviewers of this UPPS include the following:
University Attorney June 1 E3Y
Director, Alcohol and Drug Resource June 1 E3Y
Dean of Students June 1 E3Y
Director, Human Resources June 1 E3Y
Chair, Faculty Senate June 1 E3Y
Chair, Staff Council June 1 E3Y
05. CERTIFICATION STATEMENT
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
University Attorney; senior reviewer of this UPPS
Special Assistant to the President