The act was codified with the 1986 Safe and Drug-Free Workplace Act initiated by Congress in 1989. DFSCA is articulated in the Education Department General Administrative Regulations (EDGAR) Part 86 (common reference) —the Drug-Free Schools and Campuses Regulations and pertains to “Drug and Alcohol Abuse Prevention.”
DFSCA recognizes the serious negative consequences of drug and alcohol use on academic performance, student well-being, and campus prevention efforts. This requires higher education institutions to actively (affirmative consent) notify all students, faculty, staff, and other employees to be notified annually of the pertinent alcohol and drug laws on the following levels: federal, state, local city/parish, and campus through an Annual Notification.
Additionally, campuses must complete a Biennial Review which assesses the previous two years of substance use-related policies, practices, and programs on campuses. This document serves as a chance to inform a larger campus audience of ongoing programs as well as identify gaps. The biennial review must be “certified” by the highest ranking campus-level official via signature. Once the document has been signed physical copy locations and online sites designated within the report to access the report should have a copy where specified. Certification must happen at a minimum of every five (5) years, although we encourage institutions to get a new signature with each new report, or when there is an employment status change in the person who certifies.
The biennial review is not often sought out on its own but must be produced upon request by the U.S. Department of Education (through their national random checks) or in the course of any Title IX, financial aid or other campus investigation that arises. The current penalty for not having an up-to-date biennial review report is $54,000 which is roughly the salary of at least one full-time employee on any campus in the state of Louisiana.
