Policy on an Alcohol & Drug-Free Environment

• Policy on an Alcohol- and Drug-Free Environment
• The Higher Education Amendments

Policy on an Alcohol- and Drug-Free Environment
The Drug-Free Schools and Campus Act, which became law in December 1989, mandates that institutions of higher education adopt and implement a program designed to prevent the unlawful possession, use, dispensation, or distribution of illicit drugs and alcohol by students and employees and to provide certification to the Department of Education that such a program is in place.

Mount Holyoke College has developed this policy both to attempt to provide a healthy environment by preventing the use of illegal drugs or abuse of alcohol within the College community and in response to the federal drug-free legislation.

Mount Holyoke College prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances and alcohol by any member of the faculty, staff, or student body on College property or at any College sponsored function, whether on or off campus, and requires the cooperation of the entire campus community in its pursuit to maintain a drug-free environment in all phases of campus life.

Any faculty or staff member or student who violates this prohibition, or who does not cooperate with the College in its attempts to maintain a drug-free environment, will face disciplinary action up to and including expulsion or dismissal from the College and may be required, as a condition of continuing the faculty/staff/student relationship with the College, to enroll at her or his own expense in a substance abuse counseling and treatment program.

Individuals violating any town of South Haley ordinances, Massachusetts criminal laws, or federal laws relating to alcohol or drug use also risk fines and imprisonment. Refer to the following pages for the federal, state, and local sanctions against illegal drug and alcohol use and abuse, possession, distribution, and dispensation.

In addition, the Drug-Free Workplace Act of 1988 requires that any employee (including students working under the Federal Work Study Program) directly engaged in working at Mount Holyoke College under the provisions of a federal grant or contract who is convicted under a criminal drug statute for conduct in the workplace (site for the performance of work done in connection with a particular federal grant or contract) must report this conviction to the College no later than five days after the conviction. Once informed of such a conviction, the College is required by law to notify the federal contractor or grantor within ten days after an employee's conviction or within ten days after it has actual knowledge of such conviction, whichever is earlier.

Guidelines for community responsibility, specific rules and regulations governing the consumption of alcoholic beverages at College social functions, and sanctions against infractions of the social honor code or violations of College policies by any member of the College community, are outlined in the Handbook of Faculty Legislation and Related Information, the Student Handbook, and the Staff Handbook. If questions arise related to any of these guidelines or policies, direct them to the appropriate College department.

Faculty, staff, and students are encouraged to familiarize themselves with resources available in the area for substance abuse, counseling, and treatment. (For more information on these resources, see the Appendix.) In addition, the counseling services of the Alcohol and Drug Awareness Project at the College's health center are available to assist students with substance-related problems; in emergency situations, faculty and staff may also request their services. The Alcohol and Drug Awareness Project respects the confidential nature of information shared by participants in its programs and functions in compliance with Federal Regulation 42CFR, Part 2.
The Higher Education Amendments
On October 7, 1998 the Higher Education Amendments of 1998 became effective, which make specific amendments to the Crime Awareness and Campus Security Act of 1990 (20 U.S. C. 10920 and the Family Education Rights and Privacy Act of 1974 (FERPA)(20 U.S. C. 1232g). The following outlines the significant changes to these acts that impact upon the alcohol and other drug policies at Mount Holyoke College and all other private and public schools that receive federal funds.

The Amendments to the Campus Security Act expanded the scope of the reporting requirement. It must report not only arrests, but record the number of people referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession.

FERPA generally provides that information about students is protected from disclosure. As a general rule, the student's educational record is protected from disclosure. The Higher Education Act of 1998 added a provision which indicates that FERPA cannot prevent a school from releasing information to a parent or legal guardian regarding the use or possession of alcohol or a controlled substance by a student, if the student is under the age of 21 and the institution determines that the student has committed a disciplinary violation with respect to such use or possession. At Mount Holyoke College parental notification will only occur under life-threatening conditions.

Other alcohol and drug abuse related amendments state that a student who has been convicted of any offense under federal or state law involving the possession or sale of a controlled substance shall not be eligible for federal financial assistance for a period beginning on the date of the conviction and ending after the interval specified in the amendment.