Designing Drug and Alcohol Abuse Prevention Programs to Meet Biennial Review Requirements

1. Designing Drug and Alcohol Abuse Prevention Programs to Meet Biennial Review Requirements Complying with the Drug-Free Schools and Campuses Act EDGAR (34 CFR Part 86) D. Berty / TICUA / MIMSAC 2014

2. Alcohol and College Students: Researchers estimate that each year — • 1,825 college students between the ages of 18 and 24 die from alcohol-related unintentional injuries, including motor vehicle crashes.12 • 696,000 students between the ages of 18 and 24 are assaulted by another student who has been drinking.13 • 97,000 students between the ages of 18 and 24 are victims of alcohol-related sexual assault or date rape.14 Hingson et al. Magnitude of and trends in alcohol-related mortality and morbidity among U.S. college students ages 18-24, 1998-2005. Journal of Studies on Alcohol and Drugs, July (Suppl 16): 12-20, 2009. D. Berty / TICUA / MIMSAC 2014

3. “The Drug-Free Schools and Campuses Act now requires colleges to develop, announce, and enforce an unequivocal set of policies for preventing the misuse of alcohol and other drugs on campus.” Environmental Management: A Comprehensive Strategy for Reducing Alcohol and Other Drug Use on College Campuses. The Higher Education Center, 1998, pg. 11 D. Berty / TICUA / MIMSAC 2014

4. Creation of Drug Free Schools and Campuses Act Codified along with Safe and Drug Free Workplace Act in 1986 Initiation of Biennial Review in 1990 D. Berty / TICUA / MIMSAC 2014

5. The Chronicle of Higher EducationApril 11, 2012 “…a report last month by the U.S. Department of Education's Office of Inspector General: Enforcement of the law, it says, has been basically zero. Now, that may change…” Education Department's Report on Alcohol and Drugs May Prompt Crackdown D. Berty / TICUA / MIMSAC 2014

6. Part 86 of the Drug-Free Schools and Campuses Regulations requires 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 alcohol and other illicit drugs (AOD)by students and employees. D. Berty / TICUA / MIMSAC 2014

7. EDGAR Part 86 Is intended to: • Ensure campuses meet minimum standards for AOD programming, policies, and disciplinary procedures for students and employees. • Ensure campuses review the effectiveness of their prevention programming on a biennial basis, implement changes to improve upon programmatic and policy efforts, and ensure sanctions are consistently enforced. D. Berty / TICUA / MIMSAC 2014

8. Creating a program that complies with the Regulations requires an IHE to: • Prepare a written AOD policy • Develop a sound method for distribution of the policy to every student and IHE faculty & staff member each year • Prepare a biennial report on the effectiveness of its AOD programs and the consistency of policy enforcement D. Berty / TICUA / MIMSAC 2014

9. Require an IHE to submit a written certification to the Secretary of Education that it has adopted and implemented an AOD prevention program as described in the Regulations. Establish a minimum set of requirements for college substance use policies. Colleges also may have additional obligations under state law. Establish an expectation that colleges address substance abuse issues based on current research, evaluation, best practices, and recent court decisions in lawsuits brought against IHEs by college and university students and employees. D. Berty / TICUA / MIMSAC 2014

10. Some forms of federal funding and assistance require IHE’s to certify compliance. In most cases, certification is included within the “Representations and Certifications” portion of funding applications and proposals D. Berty / TICUA / MIMSAC 2014

11. Presidential or Senior Administrator Certification IHE’s also must have the senior leading administrator (President) certify • minimally every five years • upon the arrival of a new senior leading administrator D. Berty / TICUA / MIMSAC 2014

12. If an IHE fails to submit the necessary certification or violates its certification, the Secretary of Education may terminate all forms of financial assistance, whether from the Department of Education or other federal agencies, and may require repayment of such assistance, including individual students' federal grants, such as Pell. The Department of Education also may arrange to provide technical assistance toward the development of a plan and agreement that brings the IHE into full compliance as soon as feasible. The "Secretary annually reviews a representative sample of IHE drug prevention programs." If the Secretary of Education selects an IHE for review, the IHE shall provide the Secretary access to personnel records, documents, and any other necessary information requested for this review. Failure to Comply with the Drug-Free Schools and Campuses Regulations D. Berty / TICUA / MIMSAC 2014

13. Required Documentation Sec.86.103 requires that IHEs retain the following records for 3 years after the fiscal year in which the record was created: • The annually distributed notification or policy document • Prevention program certification of the biennial review • Results of the biennial review • Any other records reasonably related to the IHE’s compliance with certification D. Berty / TICUA / MIMSAC 2014

14. If selected for review, the IHE will provide access to personnel, records, documents, and any other related information requested by the Secretary to review the IHE’s adoption and implementation of its AOD prevention program D. Berty / TICUA / MIMSAC 2014

15. Annual Notification Standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as part of any school activities The written annual notification or policy also must include: • A list of applicable legal sanctions under federal, state, or local laws for the unlawful possession or distribution of illicit drugs and alcohol • A description of the short- and long-term health risks associated with the use of illicit drugs or abuse of alcohol • A list of drug and alcohol programs (counseling, treatment, rehabilitation, and re-entry) that are available to employees or students • A clear statement that the IHE will impose disciplinary sanctions on students and employees for violations of the standards of conduct and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution D. Berty / TICUA / MIMSAC 2014

16. Standards of Conduct Standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as part of any school activities • May range from statements prohibiting illegal activities related to alcohol and other drugs to statements reflecting the IHE's more specific expectations • Apply to all on-campus activities and to off-campus activities that are considered to be school-sponsored • Have been interpreted to apply to student-sponsored social activities or professional meetings attended by employees, if these activities or meetings are under the auspices of the IHE D. Berty / TICUA / MIMSAC 2014

17. Legal Sanctions 1. A list of applicable legal sanctions under federal, state, or local laws for the unlawful possession or distribution of illicit drugs and alcohol. An alcohol and drug policy should stipulate that anyone who violates the policy is subject both to the institution's sanctions and to criminal sanctions D. Berty / TICUA / MIMSAC 2014

18. Example of Legal Sanctions… Federal Trafficking Penalties include substantial fines and imprisonment up to life. State sanctions depend on the classicization of the controlled substance, the particular activity involved (possession or trafficking), and whether multiple convictions are involved. Under state law, the most severe penalties for drug violations are for possession with intent to sell. On a first offense conviction, one may receive a fine of up to $xxx and/or imprisonment for XX years. Sanctions for violations of state alcohol laws vary according to the severity of the offense, with a vehicular violation calling for imprisonment in jail for XX hours and a $xxx fine. D. Berty / TICUA / MIMSAC 2014

19. Health Risks 2. A description of the short- and long-term health risks associated with the use of illicit drugs or abuse of alcohol. Statements of health risks associated with the use of alcohol and other drugs represent the minimum level of information schools must distribute. Resource: Controlled Substances Act D. Berty / TICUA / MIMSAC 2014

20. Example of Risks… Use and abuse of alcohol and other drugs can lead to accident, injury, and other medical emergencies. Alcohol, especially in high doses, or when combined with medications or illegal drugs claims the lives. If you see someone unconscious call 911; doing so may save their life. Driving after drinking even relatively small quantities of alcohol can substantially increase one’s risk of crash involvement. Even after just one drink, one may experience some loss of ability to think about complex problems or accomplish complex tasks. Drinkers also may lose some control over impulse behavior. To become dependent upon chemicals such as alcohol and/or illicit drugs is to put your health and life at risk. Chemical dependency is a condition in which the use of mood altering substances affect any area of life on a continuing basis. Medical research has established very strong evidence that alcohol abuse contributes significantly to cancer and heart disease. Evidence also links the use of illicit drugs to serious short- and long-term health problems. There is clear evidence of serious negative effects on babies due to the use of alcohol and illicit drugs by the mother. D. Berty / TICUA / MIMSAC 2014

21. Drug & Alcohol Programs • A list of drug and alcohol programs (counseling, treatment, rehabilitation, and re-entry) that are available to employees or students May include community resources or the means by which students and employees can access community resources D. Berty / TICUA / MIMSAC 2014

22. Disciplinary Sanctions 4. A clear statement that the IHE will impose disciplinary sanctions on students and employees for violations of the standards of conduct and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution. Responsibility for the enforcement of standards of conduct is not specifically mentioned in 34 C.F.R. Part 86 Responsibility for enforcing standards of conduct should comply with the school’s internal policies and procedures and be consistently applied D. Berty / TICUA / MIMSAC 2014

23. Example… Disciplinary Sanctions: The University will impose disciplinary sanctions on students and employees consistent with local, State, and federal laws for violation of the Standards of Conduct as described in this policy. All persons should be aware that violations could result in expulsion from the university, termination of employment, or referral for prosecution. D. Berty / TICUA / MIMSAC 2014

24. Distribution of the Policy The Department of Education requires that each IHE distribute its AOD policy annually in writing. Delivery may be electronic if the IHE has established that electronic delivery goes to the individual and that electronic communication is one of the IHE’s primary modes of communication IHE must demonstrate appropriate method of distributing to those whose mailings are returned or bounced back D. Berty / TICUA / MIMSAC 2014

25. If new students enroll or new employees are hired after the annual distribution, these students and employees also must receive the materials. Merely making the materials available to those who wish to take them does not satisfy the requirements of the Regulations. Distribution must be intentional, passive methods do not meet requirements or expectations D. Berty / TICUA / MIMSAC 2014

26. How does YOUR Institution Distribute its Policy? D. Berty / TICUA / MIMSAC 2014

27. The Biennial Review 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 • ensure that the sanctions developed are consistently enforced The Drug-Free Schools and Campuses Regulations require IHEs to review their AOD programs and policies every two years. D. Berty / TICUA / MIMSAC 2014

28. The Drug-Free Schools and Campuses Regulations require IHEs to review their AOD programs and policies every two years. • No specific date in which report is to be filed • Since regulations began in 1990, common for reviews to be conducted during even years • Review report should be completed and filed by December 31 • Review report should cover the 2 previous academic years D. Berty / TICUA / MIMSAC 2014

29. The Biennial Review, continued Because the Regulations do not specify what a biennial review should include or how it should be conducted, schools have considerable leeway in determining how to conduct and what to include in their biennial review. D. Berty / TICUA / MIMSAC 2014

30. Biennial Review Best Practices Program focuses on meeting needs of students at various levels (drinkers/users, non-drinkers/non-users, problem drinkers, etc. ) Creation of a strategic plan of action Creation of a task-force or campus-based coalition • Comprehensive program focuses on evidence-based strategies of practice • Data collection of students’ behaviors and perceptions D. Berty / TICUA / MIMSAC 2014

31. First -- Review Campus AOD Program Relies on: • Clear description of problems • Strategic interventions • Desired outcomes • Sound evaluation plan D. Berty / TICUA / MIMSAC 2014

32. Review Campus AOD Program Conduct a Program & Interventions Inventory • List activities that compose prevention program • Identify the effectiveness of these efforts at meeting goals and outcomes Conducta Policy Inventory D. Berty / TICUA / MIMSAC 2014

33. HEC Analysis of Model Biennial Reviews Each included materials to compliment the report Each included information on assessment and evaluation of program effectiveness Each detailed goals and goal achievements Each included recommendations for revising programs and policies Each used a task force to complete the review D. Berty / TICUA / MIMSAC 2014

34. Thorough Biennial Reviews Include: A description of AOD comprehensive program/intervention elements and policies A statement of AOD program/intervention and policy goals and a discussion of goal achievement Summaries of AOD program/intervention and policy strengths Summaries of AOD program/intervention and policy weaknesses and problems Procedures for distributing AOD document to students and employees Copies of the documents distributed to students and employees Recommendations for revising AOD programs Supporting documentation and evidence D. Berty / TICUA / MIMSAC 2014

35. Socioecological Model by Network Standards Typology Matrix D. Berty / TICUA / MIMSAC 2014

36. Socioecological Model by NIAAA Tiers D. Berty / TICUA / MIMSAC 2014

37. Socioecological Model by SAMHSA Prevention Strategies D. Berty / TICUA / MIMSAC 2014

38. Additional Options Other useful resources can be found in the standards for prevention programs developed by: • The Council for the Advancement of Standards in Higher Education (CAS Standards) • American College Health Association (ACHA) D. Berty / TICUA / MIMSAC 2014

39. Leadership from college and university presidents and other senior administrators is key to institutionalizing prevention as a priority on campus. D. Berty / TICUA / MIMSAC 2014

40. “The primary vehicle for creating environmental change on campus should be a campus-based AOD task force…” Environmental Management…1998, pg.14 D. Berty / TICUA / MIMSAC 2014

41. Who is Responsible? Governance/Accountability • Compliance Office • Senior Level Administrator • AOD Prevention Program • Task Force/Coalition D. Berty / TICUA / MIMSAC 2014

42. Initiating a Biennial Review Determine why the institution benefits from conducting this process… • It’s the law – avoid penalties • Increase program and policy effectiveness • Increase safe and supportive learning environment • Determines priorities D. Berty / TICUA / MIMSAC 2014

43. “We have learned a considerable amount about the drinking habits of college students and the consequences that follow since NIAAA first reported on the matter in 1976. Surprisingly, drinking levels have remained relatively stable on and around college campuses over the last 30 years, with roughly two out of five male and female students engaging in excessive, or binge, drinking. Excessive drinking results in a wide range of consequences, including injuries, assaults, car crashes, memory blackouts, lower grades, sexual assaults, overdoses and death. Further, secondhand effects from excessive drinking place non–binge-drinking students at higher risk of injury, sexual assaults, and having their studying disrupted.” D. Berty / TICUA / MIMSAC 2014

44. Initiating a Biennial Review Determine how this process should be implemented… • Timelines • Task Force/Coalition/Sub-Committees • Data Collection Processes • Suggestions/Recommendations • Reporting/Publicizing D. Berty / TICUA / MIMSAC 2014

45. Initiating a Biennial Review Determine who should be included in this process… • Student Affairs Staff • Academic Affairs • Campus Security/Police • Business Affairs • Community Members • Students D. Berty / TICUA / MIMSAC 2014

46. The Department of Education established a set of principles of effectiveness in AOD prevention for those receiving OSDFS funds… D. Berty / TICUA / MIMSAC 2014

47. Evaluating Effectiveness • Design programs based on a thorough and objective needs assessment • Establish measurable goals linked to identified needs • Implement activities proven (through research and evaluation) to be effective in preventing high-risk drinking and illicit drug use • Use evaluation results to refine and strengthen program and goals D. Berty / TICUA / MIMSAC 2014

48. Effective AOD Programs • Are logically linked to identified problems • Have attainable outcomes • Use evidence-based strategies to achieve those outcomes D. Berty / TICUA / MIMSAC 2014

49. The Department of Education has not specified particular criteria or measures to gauge program effectiveness beyond requiring that evaluations of program effectiveness do not rely solely on anecdotal observations. D. Berty / TICUA / MIMSAC 2014

50. Review Current Campus AOD Data Collect and review data that describes alcohol and other drug problems and culture: • CORE Survey • National College Health Assessment • Policy Violations • Transports • Diagnoses D. Berty / TICUA / MIMSAC 2014