EDGAR Part 86 Subpart B (Institutions of Higher Education), Subpart C [Reserved]
Subpart B_Institutions of Higher Education
Sec. 86.100 What must the IHE's drug prevention program include?
The IHE's drug prevention program must, at a minimum, include the
following:
(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--
(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 its property or as part of any of its
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; and
(5) A clear statement that the IHE 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 and referral for prosecution, for
violations of the standards of conduct required by paragraph (a)(1) of
this section. For the purpose of this section, a disciplinary sanction
may include the completion of an appropriate rehabilitation program.
(b) A biennial review by the IHE of its program to--
(1) Determine its 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.
(Approved by the Office of Management and Budget under control number
1880-0522)
(Authority: 20 U.S.C. 1145g)
Sec. 86.101 What review of IHE drug prevention programs does the
Secretary conduct?
The Secretary annually reviews a representative sample of IHE drug
prevention programs.
(Authority: 20 U.S.C. 1145g)
Sec. 86.102 What is required of an IHE that the Secretary selects for
annual review?
If the Secretary selects an IHE for review under Sec. 86.101, the
IHE shall provide the Secretary access to personnel, records, documents
and any other necessary information requested by the Secretary to review
the IHE's adoption and implementation of its drug prevention program.
(Approved by the Office of Management and Budget under control number
1880-0522)
(Authority: 20 U.S.C. 1145g)
Sec. 86.103 What records and information must an IHE make available to
the Secretary and the public concerning its drug prevention
program?
(a) Each IHE that provides the drug prevention program certification
required by Sec. 86.3(b) shall, upon request, make available to the
Secretary and the public a copy of each item required by Sec. 86.100(a)
as well as the results of the biennial review required by Sec.
86.100(b).
(b)(1) An IHE shall retain the following records for three years
after the fiscal year in which the record was created:
(i) The items described in paragraph (a) of this section.
(ii) Any other records reasonably related to the IHE's compliance
with the drug prevention program certification.
(2) If any litigation, claim, negotiation, audit, review, or other
action involving the records has been started before expiration of the
three-year period, the IHE 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.
(Approved by the Office of Management and Budget under control number
1880-0522)
(Authority: 20 U.S.C. 1145g)
Subpart C [Reserved]
EDGAR version June 23, 2005
