[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR86.100]



[Page 293]

 

                           TITLE 34--EDUCATION

 

PART 86_DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents

 

               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)