HEA 101 Quick Guide: Drug and Alcohol Abuse Prevention

(HEA Title I, Section 120) Additional Resources Statutory Language Regulatory Language

Quick Take

The 2008 HEA amendments gave institutions additional responsibilities under existing drug and alcohol requirements, including determining: 

• The number of drug and alcohol-related incidents and fatalities occurring on campus, or as part of an institution’s activities, that are reported to campus officials
• The number and type of sanctions imposed as a result of such incidents and fatalities

When Will This Take Effect?

This provision went into effect when the bill was signed into law on August 14, 2008. It was not subject to negotiated rulemaking, so existing Drug and Alcohol Abuse Prvention regulations will apply.

What Do I Need to Do to Comply?

Collect information about:

• The number of drug and alcohol-related violations and fatalities that occur on campus or as part of the institution's activities and that are reported to campus officials; and
• The number and types of sanctions imposed by the institution as a result of those drug and alcohol-related violations and fatalities.

The new information should be incorporated into each biennial review (already required under existing drug and alcohol requirements) prepared by your institution after August 2008.  An institution is not required to file the biennial review with the Department of Education, but must maintain a copy on file for a minimum of three years. 

Who On Campus May Need to Be Involved?

Student life; security/campus police; student health services; administrators; any other campus officials who report or enforce institutional drug and alcohol policies

Additional Resources

• Report Language 
• The Catholic University of America - The Office of
  General Counsel - Drug and Alcohol Prevention Program
• Department of Education Higher Education Center for
  Alcohol and Other Drug Abuse and Violence Prevention

Statutory Language

Regulatory Language