Advice on the Federal Drug-Free Campus

Regulations
By the late 1980s it seemed that everyone was jumping on the bandwagon to do
something about the prevalence and use of alcohol and illicit drugs on campus, around
public schools, and on the nations highways and every towns and citys streets.
Mandates and requirements, for the most part unfunded, were coming from
governments at many levels. One such piece of Federal legislation was the 1989 Drug Free
Schools and Communities Act, which became law in 1989 and whose implementing
regulations were finalized and published just as the 1990-91 school year began.
Several of the regulations had direct bearing on the functions of student health
clinics, health education efforts, and alcohol and drug counseling programs.
As the membership organization for student health practitioners and the premier
national organization advocating for the health of college students, the American College
Health Association commissioned its Task Force on Alcohol and Other Drugs, which I
chaired, to offer suggestions for implementation of the new regulations. Working with the
members of that Task Force and others we quickly developed a document that was then
distributed to members.
Our advice, read today, seems pretty anodyne to me, just as the Federal regulations
seem pretty tone deaf and partially blind to what the real nature of the phenomenon being
regulated was. (It turns that colleges and not citizens were the subject of most of the
regulations and it turns out that somehow the legislators and regulators seemed to think
that students were unaware of the laws they were violating when they engaged in what
they themselves called underage drinking.)
But I have to remind myself of the constraints under which the vast majority of
student health centers were working, some of their own volition, but many others, imposed
by the financial exigencies affecting their institutions.
Many student health programs had little to offer by way of programs targeted at
treating addicted students, or students who came to college in recovery from an addiction,
not to mention special services for adult children of alcoholics. In many instances, student
health personnel were not fully trained in history taking and case finding, let alone
treatment and referral for students with alcohol problems. Ideas and programs for alcohol
education, primary prevention, and risk and liability avoidance were often conflicted and
self-contradictory. Policy gaps were gaping and troubling.
These would all continue to be the foci of the Task Force work. I am happy to note
that in our very first set of suggestions we make the point the regulators seemed to have
missed completely: You can certainly envision a drug and alcohol free school or campus.
Its much harder to envision a campus in which all who are gathered on it or even live there
are themselves alcohol and drug free. And, even if the campus and the students are
alcohol and drug free, neither is free from the insidious influence of the addictions of family
members and others. A campus can be alcohol free and still have an alcohol problem.
 I am not sure who it was who once trenchantly said, after sitting through the God
knows how many discussions of party regulations, banning beer kegs or prohibiting hard
liquor, or debates on the number of drinks it takes to make you a binge drinker, the only
container I am interested in is the human body! Thats not a bad place to start.
I have not looked into the current status of compliance with the Drug Free Schools
and Campus Regulations. I would be curious to learn how effective they have been and
what modifications in them have been made based on the experienced gained in
implementing them.
What you are reading here was preparation for beginning the effort (the easy part
of the work, you might say), not a report on what happened since.

American College Health Association

Task Force on Alcohol and Other Drugs

Suggestions for Implementing the Drug-Free

Schools and Campuses Regulations

As of September 4,1990*, the Drug-Free Schools and Campuses regulations (Section 22 of the 1989
Drug-Free Schools and Communities Act) will require all institutions of higher education to certify, as a
condition for receiving federal funds, that they have "adopted and implemented a program [by October
1,1990] to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and
employees. The following suggestions are intended to prepare you, as health service professionals, to
assist your institution to comply with the regulations.
Alcohol and drug prevention programs for colleges and universities must meet, as a minimum
standard, the following requirements, which may be audited by the Department of Education. We have
listed the requirements and offered brief commentary on how health service units may assist their
institutions.

A. The Drug-Free Schools and Campuses regulations mandate that institutions

annually distribute in writing to each employee and student, regardless of the
length of the student's program of study, the following:

1. 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 part of any of its activities.

* If an institution has a need, other than administrative convenience, for more time to adopt and implement its drug
prevention program, it may qualify for an extension until April 1,1991. A written justification must have been submitted to
the secretary of the U.S. Department of Education by August 1, 1990.
 While standards of conduct apply and are enforceable for on-campus activities, prevention efforts
should take cognizance of off-campus use by students and employees and of the effects of use by friends
and family on students and employees. It is in this sense that a campus can be drug-free yet still not be
entirely free of the unfortunate consequences of alcohol and other drug use by students and employees
off-campus or by those who are related to students or come in contact with students and employees.

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.

Since there are so many rules and laws governing these topics, some health service providers have
asked whether they are required to reprint volumes of material. We recommend consulting with your
institution's legal counsel to select for publication some key laws that are most likely to be violated (e.g.,
laws regarding the drinking age, the use of false identification, and open container ordinances) and/or
those laws that put violators and others at substantial risk (e.g., drunk driving, the sale and distribution of
illicit drugs). Perhaps these selected laws could be added to prevention materials, student and staff
directories, handbooks, etc. Institutions may also want to collect applicable laws and place them in
accessible locations, such as on file at the library. However, while access to legal information should be
well publicized, individuals should be held personally responsible for knowing the laws.

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

We suggest that this include descriptions of both acute and chronic risks associated with illicit drugs
and the abuse of alcohol. Beyond documenting the physical effects of drugs and alcohol on the body, we
also encourage that the description of those risks be expanded to include the association of alcohol and
drug use with impaired learning, violence, injuries, accidents, drunk driving, acquaintance rape, unwanted
pregnancies, and sexually transmitted diseases. (See the last page of this document for examples of the
brochures available from ACHA that address these issues.)

4. A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs

that are available to employees or students.

These regulations do not appear to require that institutions offer treatment, counseling, and
rehabilitation, but rather the need to state available resources. As noted in the ACHA standards, we
believe that health services which do not offer counseling, rehabilitation, and treatment programs should
establish links with community services. Community services include various 12-step programs such as
Alcoholics Anonymous. Local councils on alcoholism and other drug agencies should be used to establish
a network of support for employees and students. Colleges and universities must carefully evaluate where
they should provide services and where they can utilize community resources that might be more cost
effective. Schools without a counselor for substance abuse may want to secure training for a staff member
to assume this role, or establish communication or contacts with outside practitioners/agencies. For
employees, institutions might evaluate the services that could be offered through an employee assistance
program.
 5. A clear statement that your college or university will impose disciplinary 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 or referral for
prosecution, for violations of the standards of conduct required by your institution (written and
distributed to every student and employee, as stipulated in #1). For the purpose of this section, a
disciplinary sanction may include the completion of an appropriate rehabilitation program.

Health service providers will likely discover through careful history-taking that violations of standards
of conduct are occurring. Institutional expectations of clinical providers need to be explicitly determined
because providers need to honor their ethical obligation to maintain patient confidentiality at the same
time that they honor any reporting requirements under law. Colleges and universities need to work out a
strategy to provide services without compromising the patient/provider relationship even in the face of
standards of conduct violations. We need to keep open the opportunities to help people with difficulties
while not exposing those who seek help to disciplinary measures. Each institution will need to determine
how it will reconcile the conflicting obligations. The ACEA Task Force on Alcohol and Other Drugs
recommends a strategy that encourages students and employees to seek help for their problems.

B. Every institution must undertake a biennial review of its program to:

1. Determine its effectiveness and implement changes to the program if they are needed.
2. Ensure that the disciplinary sanctions are consistently enforced.

Health service personnel may be able to provide anonymous information gained from clinical
experience to help assess the effectiveness of their programs' implementation. Health educators who
perform process and outcome evaluations should also keep this requirement in mind so that their findings
may be used as part of an institution's auditable record. Institutions with employee assistance programs
can gain valuable insight into the ways that employee health problems are being addressed.

C. The secretary of the U.S. Department of Education will select a representative

sample of colleges and universities for review each year. If your institution is
selected, it will need to provide the following documents:

1. Copies of all the written statements distributed to students and employees as part of the
certification requirements, and the results of the biennial review. These documents should be
kept on file for three years after they are issued.

2. Any other documents reasonably related to compliance with the certification

regulations.

Many institutions have adopted broad prevention strategies based on wellness or that connect
alcohol/drug abuse prevention with other health efforts. We do not believe these regulations require a
separation of alcohol/drug from other prevention programs, rather it would seem important for auditing
purposes to maintain a complete record of all prevention efforts that include alcohol and illicit drugs.

3. If any litigation, claim, negotiation, audit, review, or other action involving the records has
 been started before the expiration of the three-year period, the institution shall retain the
records until completion of the action and resolution of all issues that arise from it, or until the
end of the regular three-year period, whichever is later.

Conclusion
We feel that the thrust of these requirements is to reduce the damage caused by the use of illicit drugs
and alcohol. While only the government can provide a definitive interpretation of these regulations, our
impression is that the government is seeking to engage colleges and universities in the national campaign
against substance abuse. They are mandating a goal with the Drug-Free Schools and Campuses
regulations, not pretending that an immediate reversal of existing patterns could be achieved in one
month. Change is expected, however, in working toward the goal. We believe any health service that
follows the standards promulgated by the American College Health Association will be well on its way to
helping its institution achieve good-faith compliance. The federal regulations do not require a particular
method of implementation, nor a particular prevention strategy. Each college and university should decide
what procedures best fit its culture and needs.
Finally, ACHA and the Task Force on Alcohol and Other Drugs welcome any comments you may
have regarding these regulations. Please address your remarks to the Task Force in care of Pat Downey at
ACHA, 1300 Piccard Drive, Suite 200, Rockville, MD 20850; or phone (301) 963-1100.

References
American Council on Education. Self-Regulation Initiatives: Resource Documents for Colleges and
Universities. Washington, D.C.: ACE. 1988.

Burns, W.D. and D.C. Sloane, eds. "Students, Alcohol and College Health: A Special Issue," Journal of
American College Health. 36 (1987)2.

Federal Register, April 24,1990, Part VI Department of Education 34 CFR Part 86.

Acknowledgements
This document benefitted from the comments and suggestions of Janet Atwater (Hudson Valley
Community College), Sherry Bell (University of Texas at Austin), Jerry Horton (University of Texas at
Austin), Richard Keeling (University of Virginia), and J. Robert Wirag (University of Texas at Austin),
and of members of the ACHA Task Force on Alcohol and Other Drugs, Merle Charney (Central Missouri
State University), Rhonda Jackson (Howard University), David Kraft (University of Massachusetts),
Lynn Mountain (University of Southern California), and Joyce Walter (University of Delaware). I am
indebted to Margaret Klawunn of Rutgers University for her assistance in writing and producing this
advisory.

- W. David Burns, Chair, Task Force on Alcohol and Other Drugs

NOTE: These suggestions are offered to assist your institution to comply with these federal regulations.
Only the federal government can determine whether what your institution does meets the requirements of
law. You should consult with the appropriate campus authorities to assess whether your efforts satisfy the
legal expectations of your institution.
July 1990

They Need
to Know!
And it's up to you to tell them.
Federal regulations require that
you give your students the facts
about alcohol and other drugs, and
the health issues linked to their
abuse. The following ACHA
brochures can help.
For information specifically about alcohol
use...
Alcohol: Decisions on Tap
Offers practical advice on how to set limits and
handle peer pressure. Emphasizes the consequences
of a single careless drinking episode as well as
chronic drinking.
How to Help a Friend with a Drinking Problem
Suggests practical ways to evaluate a possible
drinking problem. Offers tips on talking to the
problem drinker, including dealing with denial and
defensiveness.
Adult Children of Alcohol Abusers
Provides essential information about the impact of
alcohol abuse on family members. Features a
"drinking habits continuum" to help readers gauge
how appropriately alcohol was used in their families.
For additional information about the health
issues linked to alcohol and other drug use...
Acquaintance Rape: Is Dating Dangerous?
Looks candidly at date rape from both the female
and male perspectives. Offers suggestions on how to
prevent acquaintance rape and highlights what to do
when it happens.
Making Sex Safer
Features frank discussions about reducing risks,
playing safe, taking precautions, and using condoms
correctly. Includes a chart of the most common
sexually transmitted diseases and their symptoms.
Identifies safe, risky, and dangerous activities.
What Are Sexually Transmitted Diseases?
Covers common sexually transmitted diseases
(STDs), their symptoms, how they are contracted and
treated. Features updates on the implications of HIV
infection; and the links between HPV genital warts,
and precancerous cell changes.
HIV Infection and AIDS: What Everyone Should
Know
Provides answers about HFV infection and AIDS
what is it? who gets it? how is it transmitted? and
how is it prevented? Includes important information
for women and people of color.
To place your order or for more information about
these and other ACHA brochures, contact:
American College Health Association
1300 Piccard Drive, Suite 200
Rockville, MD 20850 (301)
963-1100