Drug Free Schools and Communities Act

The Drug-Free Schools and Communities Act (DFSCA) of 1989 – also known as the Drug-Free Schools and Campuses Act – requires institutions of higher education to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs for faculty, staff, and students. Hardin-Simmons University (HSU) faculty, staff and students are subject to federal and Texas state laws.

The DFSCA requires the establishment of a drug and alcohol prevention program, which includes a notification to all members of the HSU Community. Faculty, staff, and students are encouraged to review the notification and information on the linked pages below. This information is distributed, at a minimum, on an annual basis to faculty, staff, and students via mass e-mail to HSUTX-assigned e-mail accounts.

Students, Faculty, and Staff can find HSU’s Alcohol and Drug Policy 2.1 through 2.4 on page 66-69 of the Student Handbook. Students, Faculty and Staff may request information about the Drug Free School and Communities Biennial Report by contacting Stacey Martin, Vice President for Student Life at smartin@hsutx.edu.

HSU Student Conduct Policy page 90

HSU Policy on Alcohol and Drugs page 66

In addition to violating the Student Code of Conduct and policy on Alcohol and Drugs, a student’s behavior may also be a violation of the law. In these cases, action by law enforcement authorities may also occur. Thus, students may be adjudicated through the Office of Student Life as well as through the court system.

The use, possession, or sale of marijuana is illegal in the State of Texas. 

State laws are rapidly changing with the legalization and decriminalization of marijuana laws around the U.S.  Thirty-three states have laws that either allow marijuana to be used medically and/or recreationally.  Eleven states (Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington and the District of Colombia) have made recreational cannabis legal for individuals over the age of 21 years.  Other states have decriminalized the use of cannabis but have not legalized its use.  Although some states have either legalized or decriminalized cannabis use, it is still illegal federally under the Controlled Substances Act.

Alcohol Minors convicted in the criminal court system of possession or consumption of alcoholic beverages may be subject to fines, suspension of driver’s license, community service and a mandatory alcohol education class. Convictions for providing alcohol to minors may subject individuals to fines and a jail term of up to one year. Convictions for driving while intoxicated may subject individuals to fines totaling as much as $2,000 and a jail term of up to six months for a first offense. Fines and jail terms escalate after the first conviction.

Controlled Substance (Drugs) Sanctions upon conviction in the criminal court system for possession, distribution, or manufacture of controlled substances range from fines to probation to imprisonment. Amount of fines, terms of probation, or years of imprisonment generally are contingent upon the circumstances and amounts of drugs in possession, sale, distribution, or manufacture.

Fictitious license or certificate Students under the age of 21 may not possess documentation which represents them as being 21 years of age or older. Texas law states, “A person under the age of 21 years commits an offense if the person possesses, with the intent to represent that the person is 21 years of age or older, a document that is deceptively similar to a driver’s license or a personal identification certificate unless the document displays the statement ‘NOT A GOVERNMENT DOCUMENT’ diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height.” This type of offense is a Class C misdemeanor.

The links below provide summary of some of the principal health risks and hazards associated with the use of illicit drugs and alcohol. It is neither comprehensive nor exhaustive.

Resource Fairs – Each Semester, HSU invites local drug and alcohol rehabilitation agencies on to campus to provide resources and help students understand how to identify risky behaviors, and to connect with local support services.

HSU Counseling Services