Bradley D. Custer, MA
Coordinator, Code of Conduct
Moraine Valley Community College

 Why are you here?
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OMG what is DFSCA?
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Refresher course
Experts
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Community colleges/ commuter campuses
 Why DFSCA Now?
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Law has not changed
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New federal interest
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Share what I’ve learned*
ACPA 2015 * B. Custer

 The Law
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History
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Guidance Documents
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Learn where to find primary sources on DFSCA and compliance
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Legal Mandates
 Learn the details of the federal law, the three key mandates, and penalties
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Compliance
 Moraine Valley Community College Experience
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Learn how one community college made changes in a 2-year period to improve compliance
 Strategies for Compliance
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Learn how to gradually improve quality of AOD program, notification, and biennial review
 Resources
ACPA 2015 * B. Custer

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War on Drugs: 1970s-1980s
Nixon: Comprehensive Drug Abuse Prevention and Control Act of 1970
Drug-Free Workplace Act of 1988
Drug-Free Schools and Communities Act of 1989
Safe and Drug-Free Schools and Communities Act of 1994
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Elementary and Secondary Education Act of 1965
No Child Left Behind Act 2001
ACPA 2015 * B. Custer

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Passed Congress in 1986
Bush: “Drug-Free Schools and Communities Act of 1989”
Amended Higher Education Act of 1965
Public Law 101-226
34 CFR Part 86 – “Part 86”
Education Department General Administration Regulations “EDGAR” Part 86
Federal Register/ Regulations: “Drug-Free Schools and Campuses Regulations”
ACPA 2015 * B. Custer

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1990 Federal Register
1992 Handbook – Palmer and Gehring
1997/2006 Handbook – Higher Education Center and DeRicco*
2011 DCL – US DoE and National Drug Control Policy Office
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Enhanced monitoring of IHE compliance with the requirements of 34 CFR Part 86
2012 Inspector General Report
 DOE OPE performed no oversight activities of IHE drug and alcohol abuse prevention programs from 1998 to June 2010 .
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FSA’s oversight process provides no assurance that IHEs are in compliance with Part 86
2012 NACUA Notes
ACPA 2015 * B. Custer

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§86.100
Deliver Annual Notification
Implement AOD Prevention Program
Perform Biennial Review
ACPA 2015 * B. Custer

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§86.100(a) The annual distribution in writing to each employee , and to each student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student's program of study, of—
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Contents:
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Standards of conduct (policies)
Legal sanctions
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Health risks of drug use
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AOD counseling or treatment programs
 Promise to impose disciplinary sanctions
ACPA 2015 * B. Custer

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Delivery
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Handbooks/Catalogs/Website – insufficient
US Mail vs. Email
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Insert with other college mailings/handouts
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Multiple methods - best
 “Annual” – community college challenge
 “…provide reasonable assurance to the DOE (if audited) that this method of dissemination ensures distribution to all students and employees.”
 DFSCA Annual Notification: IHEC Template
ACPA 2015 * B. Custer

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§86.3
(a) An IHE shall adopt and implement a drug prevention program as described in §86.100 to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities.
ACPA 2015 * B. Custer

 (1) Determine [the AOD program’s] effectiveness and implement changes to the program if they are needed; and
 (2) Ensure that the disciplinary sanctions described in paragraph (a)(5) of this section are consistently enforced.
ACPA 2015 * B. Custer

 Contents:
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Data
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 AOD-related offenses/violations/sanctions ( employee & student discipline)
 AOD referrals to counseling/EAP
 AOD use data
 Attitudes and perceptions data
Description of AOD programs
 Program inventory (SWOT)
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 Assessment data (learning & behavioral outcomes)
AOD policy inventory
Procedures for distributing annual notice
Analysis ( The Review )
 Goal achievement/ program effectiveness
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ACPA 2015 * B. Custer
Recommendations/ new goals

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Format: Inventory vs. Report
Biennial Review Format and Contents: IHEC Template
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Law effective date: October 1, 1990
First biennial review: Completed by October 1, 1992
Example: Fall 2012-Summer 2014, completed review by October 2014
§86.103
 (a) Each IHE … shall, upon request, make available to the Secretary and the public a copy of each item required by §86.100(a) as well as the results of the biennial review…
 b)(1) An IHE shall retain the following records for three years after the fiscal year in which the record was created…
ACPA 2015 * B. Custer

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§86.3
(b) An IHE shall provide a written certification that it has adopted and implemented the drug prevention program described in §86.100.
 “Reps and Certs” – grant/contract application
ACPA 2015 * B. Custer

 §86.300
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An IHE violates this part by –
 (b) Violating its certification. Violation of a certification includes failure of an IHE to—
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(1) Adopt or implement its drug prevention program ; or
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(2) Consistently enforce its disciplinary sanctions for violations by students and employees of the standards of conduct adopted by an IHE under §86.100(a)(1).
ACPA 2015 * B. Custer

 §86.301
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Provide information/ technical assistance
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Compliance agreement
(1) Repayment of any or all forms of Federal financial assistance received by the
IHE when it was in violation of this part; and
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(2) The termination of any or all forms of Federal financial assistance…
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(B) Prohibits an IHE from making any new obligations against Federal funds; and
 (ii) For purposes of an IHE's participation in the student financial assistance programs authorized by title IV of the Higher Education Act of 1965 as amended, has the same effect as a termination under 34 CFR 668.94.
ACPA 2015 * B. Custer

 The law
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History
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Guidance documents
DFSCA
 AOD Program
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Annual Notice
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Biennial Review
ACPA 2015 * B. Custer

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Southwest Chicagoland
15,000 students
Few alcohol/drug student conduct cases
Limited AOD programs
No AOD coordinator/ health educator
AOD Taskforce
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January 2013 – Financial Aid Audit
 Requested DFSCA Biennial Review
Compliance conversations: FERPA, Clery, DFSCA, ADA, etc.
ACPA 2015 * B. Custer

 DFSCA education
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Trainings
2006 Handbook
Present to administration
 Collaboration
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Split work load
Instill philosophy of AOD prevention/ education vs. legal compliance
Get upper admins in the van, but don’t expect them to drive.
 Collect student/employee use data
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Core Institute Drug/Alcohol Survey
EAP data
 Continual review
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Don’t wait 2 years to being collecting data or assessing programs
ACPA 2015 * B. Custer

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Detailed student conduct statistics
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Athletes, Greeks, other special groups
Consistency in policy enforcement
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Evidence-based AOD programs
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2002 NIAAA Tiers of Effective Interventions
2003 IOM Reducing Underage Drinking: A Collective Responsibility
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Assessment data (learning & behavioral outcomes)
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Use/attitudes data
 Thoughtful review
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Goals for next biennium
ACPA 2015 * B. Custer

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Improved training
Improved annual notice & delivery
Assessment of student use
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Core survey
New AOD programs & improvements
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Online prevention program
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ECALC presentations for athletes
BASICS training
Assessment
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Biennial Review
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Data
 Administration Buy-In
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Law and philosophy
ACPA 2015 * B. Custer

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Illinois Higher Education Center for Alcohol, Other Drug, and Violence Prevention http://www.eiu.edu/ihec/
Higher Education Compliance http://www.higheredcompliance.org/matrix/
Code of Federal Regulations Part 86 text http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=34%3A1.1.1.1.30
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Bradley D. Custer
LinkedIn
Academia.edu
custerb@morainevalley.edu
www.morainevalley.edu/conduct
ACPA 2015 * B. Custer