Federally Mandated Reporting/Disclosure Form
Program Title and Description:
Drug Free Schools and Communities Act Annual Notice
Who is Responsible for Reporting?
Thomas Lane, Dean of Students
Where is Report Physically Located?
Available in hard copy at the Offices of the Dean of Students, Plaster Student Union 405, 836-5527; Human Resources, Carrington Hall 315, 836-6616; and Safety and Transportation, 636 E. Elm, 836-8870. Also available electronically at http://www.missouristate.edu/dos/annualnotice.htm
What Should be Reported?
The Drug-Free Schools and Campuses Regulations require at a minimum that each institution distribute the following in writing to all students and employees annually:
- Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as part of any school activities
- A description of the applicable legal sanctions under federal, state, or local 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, rehabilitation, and re-entry programs that are available to employees or students
- A clear statement that the institution will impose disciplinary sanctions on students and employees (consistent with federal, state, or local 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 (5)
The law further requires an institution of higher education to conduct a biennial review of its program:
- To determine its effectiveness and implement changes if they are needed
- To ensure that the sanctions developed are enforced consistently
When Should it be Reported?
The disclosure is sent to all employees and students annually by October 1 and again in the spring and summer semesters to new employees and students.
Where is it to be Reported?
Why Should it be Reported?
Part 86 of the Drug and Alcohol Abuse Prevention Regulations (Education Department General Administrative Regulations [EDGAR]) requires 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 program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees. If audited, failure to comply with the Drug and Alcohol Abuse Prevention Regulations may cause an institution to forfeit eligibility for federal funding.
How is it Reported?
In order to be able to certify its compliance with the regulations, an IHE must adopt and implement a drug prevention program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees both on school premises and as part of any of its activities. Creating a program that complies with the regulations requires an IHE to do the following:
- Annually notify each employee and student, in writing, of standards of conduct; a description of appropriate sanctions for violation of federal, state, and local law and campus policy; a description of health risks associated with AOD use; and a description of available treatment programs.
- Develop a sound method for distributing annual notification information to every student and staff member each year.
- Conduct a biennial review on the effectiveness of its AOD programs and the consistency of sanction enforcement.
- Maintain its biennial review material on file, so that, if requested to do so by the U.S. Department of Education, the campus can submit it.
If notification is required, how is it reported?