As a recipient of federal grants and contracts, Wilson Community College gives notice to students that it is in compliance with, and shall continue to be in compliance with, the Drug-Free Workplace Act of 1999 and the Drug-Free Schools and Communities Act Amendment of 1989. Students are herein notified of the standards of conduct which shall be applicable while on College property and/or involved in the College’s business and activities.
Students Convicted of Possession or Sale of Drugs
A federal or state drug conviction can disqualify a student for Federal Student Aid funds (FSA). Convictions only count if they were for an offense that occurred during a period of enrollment for which the student was receiving Title IV aid—they do not count if the offense was not during such a period. Also, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when the student was a juvenile, unless he/she was tried as an adult. The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)
Possession of Illegal Drugs |
Sale of Illegal Drugs |
|
|
1st Offense |
1 year from date of conviction |
2Â years from date of conviction |
|
2nd Offense |
2 years from date of conviction |
Indefinite period |
|
3+ Offenses |
Indefinite period |
A student regains eligibility the day after the period of ineligibility ends or when he successfully completes a qualified drug rehabilitation program. Further drug convictions will make him ineligible again. Students denied eligibility for an indefinite period can regain it only after successfully completing a rehabilitation program as described below or if a conviction is reversed, set aside, or removed from the student’s record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. When a student regains eligibility during the award year, he may be eligible to receive Title IV financial aid for the current payment period of enrollment.
Standards for a Qualified Drug Rehabilitation Program
A qualified drug rehabilitation program must include at least two unannounced drug tests and must satisfy at least one of the following requirements
- Be qualified to receive funds directly or indirectly from a federal, state, or local government program
- Be qualified to receive payment directly or indirectly from a federally or state-licensed insurance company
- Be administered or recognized by a federal, state, or local government agency or court
- Be administered or recognized by a federally or state-licensed hospital, health clinic, or medical doctor
If you are counseling a student who will need to enter such a program, be sure to advise the student of these requirements. If a student certifies that he has successfully completed a drug rehabilitation program, but you have reason to believe that the program does not meet the requirements, you must find out if it does before paying the student any FSA funds.