HEOA - Suspension of Eligibility and Rehabilitation for Drug Related Offenses

Regulation Reference Cite 20 U.S.C. § 1091(r)(1); 20 U.S.C. § 1091(r)(2); HEA Sec. 484(r)(1)
Report Due Date (Actual) N/A
Level Requirement
Oversight Unit FINANCIAL AID
Person Responsible Michael Rotundo
Secondary Person Responsible Lara Clifton-Rice
President / VP Level President
Description

(r) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-

(1) IN GENERAL- A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

`If convicted of an offense involving:

The possession of a controlled substance:

Ineligibility period is:

First offense

1 year

Second offense
2 years

Third offense
Indefinite.

The sale of a controlled substance:

Ineligibility period is:

First offense
2 years

Second offense
Indefinite.

`(2) REHABILITATION- A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if--

`(A) the student satisfactorily completes a drug rehabilitation program that--

`(i) complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and

`(ii) includes two unannounced drug tests; or

`(B) the conviction is reversed, set aside, or otherwise rendered nugatory.

Contacts and Data Sources

Mike Rotundo and Lara Clifton-Rice Regulation can be found here (on page 583): https://legcounsel.house.gov/Comps/Higher%20Education%20Act%20Of%201965.pdf
Internal Notes

This compliance item has notes that are available internally to the oversight unit. Please contact the Risk Management Department for more information