You asked if the alcohol policies at the state's public higher education institutions meet federal law requirements for setting these policies.

SUMMARY

Federal law requires all colleges and universities, as a condition of receiving federal funding, to prepare and annually distribute a written drug and alcohol policy, complete a biennial report on the effectiveness and enforcement of their policy, and keep the report on file in case of a U. S. Department of Education (DOE) audit.

All of the state's public higher education institutions have an alcohol and drug policy. Most have the policy posted on their websites and printed in their student handbooks. We are awaiting responses from UConn, UConn Health Center, Eastern Connecticut State University (ECSU), and Southern Connecticut State University (SCSU) regarding their annual distribution of the policy and biennial reports.

Central Connecticut State University (CCSU), Western Connecticut State University (WCSU), the community-technical colleges, and Charter Oak State College are annually distributing their alcohol and drug policies. With one exception, they are all completing biennial reports and keeping the reports on file.

DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 1989 (DFSCA)

The federal DFSCA of 1989 required “as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education must certify that it has adopted and implemented a drug prevention program. ” Failure to comply with the federal regulations under this law could cause an institution to lose eligibility for federal funding. This includes any funds provided by the U. S. Department of Education or other federal agencies, including individual students' federal grants, such as Pell grants.

Federal regulations require higher education institutions to develop a written policy on alcohol and other drugs and annually notify their employees and students in writing of the policy. The regulations also require higher education institutions to prepare a biennial report on the effectiveness of their alcohol and other drug programs and the consistency of policy enforcement. They must maintain the reports on file to submit to the DOE, if requested. Institutions may be periodically audited and are subject to losing federal funding if they are not in compliance.

The DOE's Higher Education Center for Alcohol and Other Drug Abuse and Violent Prevention issues guidelines for university and college administrators to comply with the DFSCA regulations. A copy of the guidelines is attached. According to the agency's website, all higher education institutions are required, at a minimum, to annually notify students and employees of the following:

1. “standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as party of any school activities;

2. a description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;

3. a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;

4. a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students;

5. a clear statement that the institution will impose sanctions on students and employees (consistent with local, state, and federal 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. ”

Further information regarding the DFSCA can be found at http: //www. higheredcenter. org/dfsca/.

ALCOHOL POLICIES

All of the state's public higher education institutions have a written alcohol and drug policy. Most have the policy posted on their websites and printed in their student handbooks.

UConn and UConn Health Center

UConn and the UConn Health Center have separate alcohol and drug policies. Both of the policies appear to comply with the minimum federal requirements and are posted on their websites. In addition to UConn's alcoholic beverage policy, it has a Drug Free Campus & Alcohol Abuse Statement that details the legal sanctions concerning the unlawful use of drugs and alcohol and the associated health risks.

Connecticut State Universities (CSUs)

CCSU. According to representatives from CCSU, the university's alcohol and drug policy is emailed annually to students and employees. The biennial report was last completed in 2006 and is on file in the Human Resources Office.

WCSU. WCSU's alcohol and drug policy is handed to students during orientation, and it is printed and annually distributed in student and faculty handbooks. According to Sharon Guck, coordinator of alcohol and other substance abuse prevention services for WCSU, the university completed its last biennial review in December 2006 and the report is kept on file in the Prevention Office. Guck also confirmed that a description of legal sanctions for illicit use of alcohol and drugs and counseling services are included in separate materials distributed to students and employees or posted online.

CTCs

The alcohol and drug policy adopted by the CTC system board of trustees on November 20, 1989 is the system policy for all 12 CTCs. According to Meghan Collins, director of government relations for the CTC system, the policy is included in each institution's student handbook. Collins also stated that each institution is completing a biennial review and these reports are kept on file.

According to Collins, the other required notices not included in the policy (e. g. , a description of drug and alcohol counseling services) are posted on the institutions' websites or included in other written materials provided to students and employees.

Charter Oak State College

According to Marlene Woodman, Director of government relations at Charter Oak State College, the college has an alcohol and drug policy that is published and annually distributed in its student catalog. The policy appears to include all of the components required under the DFSCA. Woodman stated that Charter Oak has not been completing a biennial review, as required under the federal regulations, but it will begin completing the report and keeping it on file.

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