DFSCA Drug-Free Schools and Communities Act
The 1989 amendments to the Drug-Free Schools and Communities Act (DFSCA), as articulated in the Education Department General Administrative Regulations (EDGAR) Part 86 require that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education (IHE) must certify that it has adopted and implemented a program “to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees” both on the institution’s premises and as part of any of its activities, in order to comply with the Drug-Free Schools and Campuses Regulations (EDGAR Part 86.100, Subpart B). When applying for federal assistance, IHEs certify to the existence of such programs, typically as part of a standard grant or contract application under the provisions referred to as “Reps and Certs” (Representations and Certifications).
Johnson University Alcohol and Drug Abuse Policy
Standard of Conduct. In keeping with the mission of Johnson University, the use, possession, distribution, manufacture, or sale of narcotics, illegal drugs, alcoholic beverages, tobacco, or the abuse of legal substances by its students and employees is strictly prohibited. NOTE: If a beverage contains more than zero percent alcohol, it is considered to be an alcoholic beverage.
Drug Testing. Whenever it is reasonable to suspect a student of substance abuse, University officials will make drug testing available. If the results come back negative, the University will bear the cost of the drug test. If the results are positive, the student will bear the cost and will be subject to disciplinary action. If the student refuses a request to be tested for substance abuse, then he/she will be subject to disciplinary action.
Sanctions for Violation of the Standard. Violation of this policy will lead to disciplinary action up to and including expulsion from University or termination of employment (and referral for prosecution when local codes, state of Tennessee codes, or federal codes have been broken).
Help is Available. Confidential referrals for counseling, treatment, or rehabilitation are available from the counseling center and the health services office to students and employees who voluntarily seek such assistance. Helpful literature on alcohol and drug abuse can also be found in the counseling center and in the Health Services Office.
Tennessee Codes. Under Tennessee state law, it is unlawful for any person under the age of twenty-one to buy, possess, transport or consume alcoholic beverages (TCA 1-3-113); to provide alcoholic beverages to minors (TCA 39-15-404); to be intoxicated in public (TCA 39-17-310); to possess or exchange a controlled substance (TCA 39-17-417). Copies of the applicable Tennessee Codes are available from the Student Services Office.
Federal Codes. Possession and trafficking in controlled substances is regulated by federal law. The federal codes provide for fines plus imprisonment for possession (21USC844); forfeiture of real and personal property used to possess or facilitate possession (21USC853, 21USC881); forfeiture of vehicles, boats, aircraft, etc, used to transport a controlled substance (21USC884); civil fines and denial of federal benefits (21USC854); ineligibility to purchase or receive a firearm (18USC922).