Drug-Free Schools and Communities Act

Texas State University-San Marcos
Revised: 05/04/2000*
Official UPPS No. 04.04.48
Issue No. 1
Effective Date: 05/26/93
Review: June E10Y

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01. POLICY STATEMENTS

01.01   We at Texas State are committed to supporting the educational mission of the institution through efficient information storage and retrieval, appropriate auditing procedures, professional personnel services, and a safe environment. The following procedure contributes to the fulfillment of this policy.

01.02   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 will prepare a pamphlet for annual distribution as required by law. The text of the pamphlet is in Attachment I.

*03.02   The Staff Handbook, the Faculty Handbook, Texas State Texan, and Schedule of Classes will contain a summary of the policy in Attachment I.

03.03   Each year the University will distribute its policy, in writing, to all its students and employees. The Director of Personnel will distribute the policy pamphlet to employees. The Dean of Students will distribute the policy to students.

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 Personnel 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 biannual report of the program review.

04. MAJOR RESPONSIBILITIES ASSOCIATED WITH THIS UPPS

04.01   Major responsibilities for routine assignments associated with this UPPS include the following:

	Position	Section	Date
	University Attorney	Review 03.04	June 1 E10Y Biennially
	Director, Alcohol and Drug Resource Center*	Review	June 1 E10Y Biennially
	Dean of Students	Review 03.03 03.04	June 1 E10Y Annually Biennially
	Director of Personnel	Review 03.03 03.04	June 1 E10Y Annually Biennially
	Chair, Faculty Senate*	Review	June 1 E10Y
	Chair, Staff Council*	Review	June 1 E10Y

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.

Mr. William L. Fly, University Attorney; senior reviewer of this UPPS

Ms. Judy Row, Director of the Alcohol and Drug Resource Center; reviewer of this UPPS

Dr. John Garrison, Dean of Students; reviewer of this UPPS

Mr. John McBride, Director of Personnel; reviewer of this UPPS

Chair, Faculty Senate; reviewer of this UPPS

Chair, University Staff Council; reviewer of this UPPS

Dr. Michael L. Abbott, Executive Vice President

Dr. Jerome H. Supple, President