The Drug Free Schools and Campuses Regulations (34 CFR Part 86) of the Drug-Free Schools and Communities Act (DFSCA) require an institution of higher education (IHE) such as The University of Alabama to certify it has adopted and implemented programs to prevent the misuse of alcohol and use or distribution of illicit drugs by students and employees both on its premises and as a part of any of its activities. At a minimum, each institution of higher education must annually distribute the following in writing to all students and employees:
- The Drug-Free Campus and Workplace Policy clearly prohibits the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees;
- A description of the legal sanctions under City Ordinances, State Code, or federal drug scheduling and penalties and federal trafficking penalties for the unlawful possession or distribution of illicit drugs and alcohol;
- A description of employee alcohol and substance abuse resources, that includes any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs along with Health Risks Associated with Use of Controlled Substances and Misuse of Alcohol; and
- A description of student alcohol and substance abuse resources, that includes any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs along with Health Risks Associated with Use of Controlled Substances and Misuse of Alcohol and information on commonly used drugs with the potential for misused or addiction.
- A clear statement via the Drug-Free Campus and Workplace Notice of how the institution will impose sanctions on students and employees and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of these policies.
The law further requires that the institution conduct a biennial review of its program to:
- Determine the effectiveness of these policies and to implement changes to the Alcohol and Other Drug (AOD) program if they are needed; and
- To ensure that the sanctions developed are enforced consistently.
The biennial review must also include a determination as to:
- The number of drug- and alcohol-related violations and fatalities occurring on the campus or as part of their activities that are reported to campus officials; and
- The number and type of sanctions the IHEs impose on students or employees as a result of such violations or fatalities.
It is the responsibility of the Alcohol and Other Drugs Biennial Review Working Group to:
- Prepare a biennial review report on the effectiveness of its alcohol and other drug (AOD) programs and the consistency of policy enforcement, per the above requirements.
- Maintain its biennial review report on file, so that, if requested to do so by the U.S. Department of Education, the campus can submit it in a timely manner.