Biennial Review
Table of Contents
Overview
College Policy Inventory
Prevention Program Distribution Process
Prevention Program Inventory
Prevalence Rates
Enforcement Analysis
Enforcement Consistency Analysis
Program Objectives and Findings
Program Recommendations
Conclusion
Approval
Appendices
Overview
This document reports on a Biennial Review of College’s substance abuse prevention education efforts for Academic Years 2018-2020. The Drug-Free Schools and Communities Act of 1989 and subsequent legislation require an Institution of Higher Education (IHE) to abide by the regulations to be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program.
The following source of documents were examined as part of this Biennial Review.
- The Drug-Free Schools and Communities Act Amendment of 1989 (Appendix A)
- H.R.3614-12 (Appendix B)
- The Anti-Drug Abuse Act of 1988 per the FSA Handbook (Appendix C)
- The Jeanne Clery Act of 1990 (Appendix D)
The Drug and Alcohol Abuse Prevention Program Compliance review or the DAAPP Task Force consisted of input from the following College employees:
Ryan Knight, Dean of Students
Nick Sharp, Dean of Work Education
Justin Carswell, Vice President for Christian Ministries
David Kempf, Director of Public Safety
The Biennial Review process is an ongoing effort to document prevention program components from the departments listed above. Biennial Review documentation is kept by the Dean of Students.
The following College policies meet the requirements of the Drug-Free Workplace and Drug-Free Schools legislation. https://www.cofo.edu/About/Consumer-Information
In our review of the current campus enforcement of procedures, we have found the College continues to improve its Drug and Alcohol Prevention Program.
We find the existing policies are adequate and effective as the College has experienced only 25 Alcohol and Other Drug (AOD) incidents during the reporting period.
College Policy Inventory (Appendix E)
College policies and procedures with reference to alcohol and other drugs were reviewed to ensure consistency with DFSCA Regulations occurred.
- Prohibition on Alcohol and Other Drugs (AOD Policy)
- Tobacco-Free Policy
- Travel and Safe Driving Policy
- Employee Drug-Free Workplace Policy
- Athletics Policy on Drug Education and Screening
- NCAA athletics handbook
- College web pages regarding the DAAPP
Prevention Program Distribution Process (Appendix G)
The Department of Education requires that each Institution of Higher Education distribute its AOD Policy annually in writing. Below is a comprehensive list of the communication methods and availability of resources.
Students:
- Email from College to new students providing link to College consumer information page, sent in August, January, and June.
- Annual Security Report is emailed to everyone at the end of each fall semester
- College Catalog (online, upon admission, orientation, advising sessions, or by request)
- College Policies (Student Portal, or with Vice President for Academic Affairs, Registrar, Financial Aid, or Deans’ Offices)
- College Website
Prevention Program Inventory
The College has supplemented its policies and resources with the following program initiatives and activities.
All students are required to participate an orientation prior to beginning their first term at College of the Ozarks. A portion of this orientation program is dedicated to an alcohol and drug prevention presentation followed by a small group discussion. All incoming students are required to watch the Sexual Misconduct Prevention Training Video at Character Camp. This video was created through Husch Blackwell Law Firm.
Prevalence Rates
Per the Campus Safety Report, the following table summarizes the alcohol and drug disciplinary charges heard by the Dean of Students for the Academic Years 2012-2022, along with the findings:
Academic Year # of charges
2012-2013 5
2013-2014 5
2014-2015 14
2015-2016 7
2016-2017 15
2017-2018 11
2018-2019 3
2019-2020 14
2020-2021 15
2021-2022 10
Enforcement Analysis
The Dean of Students is responsible for the enforcement of policies and procedures concerning alcohol and drug use. The student handbook clearly lays out expectations and students are notified in orientation and on an annual basis about the policies. Further, all faculty and staff are notified of the zero-tolerance policy on an annual basis and will refer policy violations to the Dean of Students.
Enforcement Consistency Analysis
The Task Force has assessed the consistency of sanctions imposed for alcohol and drug policy violations and finds sanctions are consistent. The College’s zero-tolerance policy is clear and consistently applied across the board.
Program Objectives and Findings
The College, through policies, procedures, sanctions, partnerships, and programming is committed to ensuring full AOD compliance. Student Affairs continues to develop both on-campus and online student programs to address AOD prevention needs. The membership with the Collegiate Consortium has given the College greater resources for all College students and employees. The Student Experience team has allowed for better focus and dedication of resources to AOD compliance.
Program Recommendations
The College will review various online alcohol and drug prevention modules and consider this education experience as part of the orientation curriculum.
Additional alcohol and drug prevention presentations may be included in the College’s convocation programming.
Conclusion
The College has experienced positive results in its prevention program efforts for students and employees. The implementation of the above recommendations could improve overall effectiveness of the program for students and employees. The College continues its commitment to exceed regulatory requirements. Through the assessment of both internal and external data, participation in community prevention activities, and development of resources, we will further our goal.
Approval
The Chief Operating Officer reviewed this report and approved it for issuance on November 18, 2022.
Statement of Zero Tolerance Policy
In order to promote its fundamental mission, a student at the College agrees to follow the College’s Zero Tolerance Policy which prohibits the illegal sale, use, purchase, possession, distribution, manufacture, or dispensation of drugs, controlled substances, or drug paraphernalia and prohibits the sale, use, purchase, possession, distribution, manufacture, or dispensation of alcohol by any student, regardless of age. These prohibitions apply to actions both on and off College property or at any College sanctioned event.
Violation of the Zero Tolerance Policy will be considered a major violation of Disciplinary Procedures which may lead to dismissal. The display of any advertising for illegal drugs, illegal controlled substances, drug paraphernalia, or alcoholic beverages, including containers, is not allowed at the College. This includes, but is not limited to clothing, signs, lamps, posters, and vehicles on campus.
Local, state and federal laws prohibit the illegal sale, use, purchase, possession, distribution, manufacture, or dispensation of drugs, controlled substances, or alcohol. Criminal penalties for violating these laws range from fines to imprisonment for terms up to and including life in prison. In addition to any punishment imposed by the College, any student suspected of violating any federal, state, or local law proscribing the sale, use, purchase, possession, distribution, manufacture, or dispensation of drugs, controlled substances, or alcohol will be referred to the appropriate law enforcement agency.
The College’s campus is located in a state where the sale, use, purchase, possession, distribution, manufacture, or dispensation of cannabis (marijuana) has been decriminalized by state law when used for medical purposes with a valid physician’s certification. However, cannabis remains a controlled substance whose sale, use, purchase, possession, distribution, manufacture, or dispensation is prohibited by and illegal under the federal Controlled Substances Act. Therefore, students at the College remain subject to Disciplinary Procedures under the Zero Tolerance Policy for the sale, use, purchase, possession, distribution, manufacture, or dispensation of cannabis, even with a physician’s certification.
Drug Testing Policy
The College reserves the right to require a drug test from a student or employee where there is a reasonable suspicion that the College’s drug free policy has been violated. Failure to submit to a drug test is a major violation of the disciplinary rules and will result in suspension or expulsion.
Legal Sanctions for Use, Possession, or Distribution of Illicit or Illegal Drugs and Alcohol
Missouri laws prohibit persons under 21 years of age from purchasing, attempting to purchase, or possessing alcoholic beverages (RSMo. 311.325). Anyone who sells or gives any alcoholic beverages to persons under 21 years of age violates RSM. 311.310. It is unlawful to obtain or attempt to obtain alcoholic beverages by using a fake or fraudulent identification (RSM. 311.328(3). Anyone convicted of using fraudulent identification for purposes of purchasing or in any way receiving intoxicating liquor is in violation of RSM. 311.320. Penalties for these violations include fines of up to $1,000 and one-year imprisonment. Conviction of any offenses involving the possession or use of a controlled substance; the alteration, modification, or misrepresentation of a license to operate a motor vehicle; or the possession or use of any alcohol while operating a motor vehicle will require the surrender of a driver’s license for a minimum 90 days to a maximum of one year.
Local, state, and federal laws provide specific penalties for drug and narcotic offenses. Chapter 195.211 of the Missouri Revised statutes makes it unlawful for any person to manufacture, sell, or deliver or possess with the intent to manufacture, sell, or deliver those drugs designated collectively as controlled substances. The punishment includes a term of imprisonment as well as a substantial fine.
Federal law makes it unlawful for any person to manufacture, distribute, create, or dispense or to possess with the intent to manufacture, distribute, or dispense controlled substances. Title 21 of United States Code (http://www4.law.cornell.edu/uscode/21/841.html) provides terms of imprisonment and fines for violations of this Act. The nature of the offense and whether the person has committed any previous unlawful acts under the statute will determine the term of imprisonment as well as the amount of any fine.
Health risks associated with the Use of Illicit or Illegal Drugs or Alcohol
Medical studies indicate that users of illicit or illegal drugs or alcohol can suffer from a wide range of medical and psychological problems. Those problems can be as mild as depression or as severe as permanent brain damage, or death. At the very least, use of these substances can impair one’s ability to learn and function in society. This promotes poor application to academics as shown by poor study habits, lack of concentration, and loss of self-esteem. Additional information on the health risks associated with the use of alcohol and illicit or illegal drugs is available through the campus clinic, the Dean of Student’s Office or online through the Higher Education Center for Alcohol and Other Drug Prevention (http://www.edc.org).
Resources Available to Students Regarding Alcohol and Illicit or Illegal Drugs
The College’s Zero Tolerance Policy is discussed with applicants at the time they are interviewed for admission. After admission the Policy and the effects of alcohol and drugs are discussed at Character Camp and in various forums and convocations. As required under the Drug-Free Schools and Communities Act of 1989 https://www.congress.gov/bill/101st-congress/house-bill/3614 this policy is distributed annually to students and employees of the college. Students or employees may seek counseling related to alcohol and drugs through the campus Counseling Center. Upon request confidential referrals to outside counselors can also be made.
Appendices
STAFF DRUG AND ALCOHOL POLICY
The College, in order to promote its fundamental mission, has adopted a Zero Tolerance Policy for the illegal sale, use, possession, purchase, distribution, manufacture, or dispensation of drugs or controlled substances and for the use, possession, distribution, manufacture, or dispensation of alcoholic beverages (“alcohol”) while on the job, on College property, or at a College sanctioned event.
Employees will be subject to discharge if they (i) illegally sell, use, possess, purchase, distribute, manufacture, or dispense drugs or controlled substances while on the job, on College property, or at a College sanctioned event; or (ii) sell, use, purchase, possess, distribute, manufacture, or dispense alcohol while on the job, on College property, or at a College sanctioned event. Employees who illegally sell, use, purchase, possess, distribute, manufacture, or dispense alcohol, drugs or controlled substances on their own time and away from College property or events will be subject to disciplinary action up to and including discharge, if the College determines that such involvement has an adverse effect on the College.
The College’s campus is located in a state where the sale, use, purchase, possession, distribution, manufacture, or dispensation of cannabis (marijuana) has been decriminalized by state law when used for medical purposes with a valid physician’s certification. However, cannabis remains a controlled substance whose sale, use, purchase, possession, distribution, manufacture, or dispensation is prohibited by and illegal under the federal Controlled Substances Act. Therefore, the sale, use, purchase, possession, distribution, manufacture, or dispensation of cannabis while on the job, on College property, or at a College sanctioned event also remains prohibited, regardless of state or local laws where cannabis is recreationally or medically permitted with a physician’s certification, and employees who violate this policy remain subject to discharge. Employees are subject to disciplinary action up to and including discharge for sale, use, purchase, possession, distribution, manufacture, or dispensation of cannabis on their own time if such involvement has an adverse effect on the College.
The College reserves the right to require a drug or alcohol test from an employee where there is a reasonable suspicion that the Zero Tolerance Policy has been violated or in the event of an on-the-job accident or injury. Failure to submit to a requested drug or alcohol test will result in the employee’s discharge. In addition to any punishment imposed by the College, any employee suspected of violating any federal, state, or local law proscribing the sale, use, purchase, possession, distribution, manufacture, or dispensation of alcohol, drugs, or controlled substances will be referred to the appropriate law enforcement agency.
Any employee who is convicted of a drug related crime occurring in the workplace must report the conviction within five calendar days of the conviction to ______. Such employee will receive disciplinary action, up to and including discharge.
Legal Sanctions for Use, Possession, or Distribution of Illicit or Illegal Drugs
Federal law provides strict penalties for violation of federal drug and controlled substance laws. These range from up to one-year imprisonment and/or a fine of at least $1,000 for a first offense to life imprisonment and a fine of up to $8 million (for an individual). Other penalties may apply, such as forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance, denial of certain federal benefits, and revocation of certain federal licenses.
Missouri law and local law also provide penalties for violations of laws relating to the unlawful sale, use, purchase, possession, distribution, manufacture, or dispensation of drugs or controlled substances and the sale or distribution of alcohol to persons under 21 years of age. In addition, Missouri and localities have laws relating to driving while intoxicated or under the influence of drugs or controlled substances. Sanctions for violations may range from local citation to state law felonies. Penalties may range from small fines to prison terms, depending on the violation and past criminal history of the individual.
Health Risks Associated with the Use of Illicit or Illegal Drugs or Alcohol
Medical Studies indicate that users of illicit or illegal drugs or alcohol can suffer from a wide range of medical and psychological problems. Those problems can be as mild as depression or as severe as permanent brain damage or death. At the very least, use promotes poor work performance, lack of concentration, and loss of self-esteem. Additional information on the health risks associated with the use of the illicit or illegal drugs or alcohol is available the campus clinic or Dean of Student’s office.
Resources for Assistance
Employees with personal drug or alcohol dependence problems are encouraged to request help through their personal physician.
In addition, other resources are available. Several self-help groups hold meetings throughout the area, including Alcoholics Anonymous, Narcotics Anonymous, and Al-Anon. Individuals can contact the National Clearinghouse for Drug and Alcohol Information (800-729-6686), which is operated by the U.S. Department of Health and Human Services and staffed 24 hours a day, 7 days a week; specialists provide information and referrals.