Pubdate: Mon, 03 Oct 2005
Source: Daily Nebraskan (NE Edu)
Copyright: 2005 Daily Nebraskan
Contact:  http://www.dailyneb.com/
Details: http://www.mapinc.org/media/1176
Author: Hilary Stohs-Krause
Cited: Marijuana Policy Project ( www.mpp.org )
Cited: Students for Sensible Drug Policy ( www.ssdp.org )
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

ACT RETRACTS FINANCIAL AID FROM MARIJUANA USERS

Rape. Murder. Drunk driving.

None of these crimes will cost college students their Pell Grants, 
but walking down the street with a joint could.

As of July 1, 2000, a provision in the Higher Education Act mandated 
that students' eligibility for federal financial aid be suspended if 
they are convicted under federal or state laws of offenses involving 
the possession or sale of controlled substances.

The Web site detailing the act defines a controlled substance as 
illegal drugs, not including alcohol or tobacco.

The length of suspension of financial aid ranges from one year to 
indefinite, depending on the number and type of convictions.

"I think it's a joke," said Colin Priebe, University of Nebraska- 
Lincoln senior secondary education major. "If someone has three DUIs 
they wouldn't lose their scholarship, but someone caught with less 
than an ounce of marijuana would lose theirs."

Kay Dinkelman, associate director of scholarship and financial aid, 
said the office uses a worksheet to determine the aid eligibility of 
students with drug convictions.

"If you completed an acceptable drug rehabilitation program," she 
said, "you might be eligible again."

Out of the almost 16,000 UNL students who filled out the Free 
Application for Federal Student Aid (FAFSA) last year, only three 
were initially barred from receiving aid for drug-related charges, 
Dinkelman said.

A question included on the FAFSA asks applicants if they have been 
convicted of a drug-related crime. Those three students answered yes 
to the question, Dinkelman said.

Eventually, only one student didn't receive aid, while the other two 
were found eligible, she said.

Dinkelman said the number of UNL students ineligible for aid because 
of drug convictions has never exceeded 10.

Between 17,000 and 41,000 students nationwide were denied federal 
student loans from 2001-2004, according to a report published by the 
Government Accountability Office. That translates to between $100 
million and $164 million in lost loan amounts.

Figures from UNL and GAO don't include students who didn't apply 
because of previous convictions.

One of the most common controlled substances used by college students 
is marijuana, said Sgt. Tyler Schmidt of University Police.

A short-term affect of the drug is heightened senses, said Bob 
Schroeder, coordinator of alcohol and drug services for the 
University Health Center.

"For example, many people report that music sounds much better when 
they're high, or they have a very high need for Twinkies, something 
like that," he said.

The high a person experiences lasts up to an hour, he said, and it 
impairs reaction time, perception and judgment.

Long-term effects include dependency, lower immune system, impaired 
thinking ability, loss of motivation, lung problems and possibly cancer.

Schroeder said marijuana use by UNL students falls below national 
averages for college students. According to a 2004-2005 university- 
wide assessment conducted by the UNL Bureau of Sociological Research, 
between eight and 12 percent of UNL students had used marijuana in 
the past month.

According to data compiled by the Bureau of Justice Statistics in the 
U.S. Department of Justice, 19.3 percent of all college students 
reported using marijuana in the last month of being surveyed in 2003.

Tom Workman, assistant director of student involvement, said drug use 
at UNL is low for a variety of reasons.

"One, it's illegal," he said. "Two, I think it has an awful lot to do 
with a stigma we have in this country for drug use versus alcohol 
use. It's just not seen as a college drug. Three, many drugs are 
incredibly expensive. It's very hard to maintain a cocaine or heroin 
addiction on most college incomes."

When caught with controlled substances, UNL students face 
consequences from state and federal laws and university guidelines.

Matthew Hecker, director of student judicial affairs, said his office 
handles any situation that violates the Student Code of Conduct -- 
including student drug use.

Hecker said a low number of drug cases come before the University 
Judicial Board, the court overseeing student conduct violations. The 
board heard 41 cases last school year, and a total of 82 cases have 
come before the court during the past three years.

"To me, I feel like that's a low number, given that fact that we have 
21,000 students," he said. "That's a fraction of a percent. Now do 
things go on that we don't know about? Probably. But those are 
numbers we can point to with real pride given the size of our institution."

Those found guilty by the court are usually given a standard set of 
sanctions, Hecker said, such as completing a one-on-one drug 
education and information class through the University Health Center 
and performing community service, in addition to possibly losing 
their financial aid.

"These are the typical sanctions for somebody who is in possession of 
a very small amount," he said. "This is not the case for someone 
who's distributing it."

Students selling drugs on campus would most likely be suspended, Hecker said.

He doubted the Higher Education Act's drug provision is keeping UNL's 
numbers low because laws don't always deter dangerous behavior.

Although reported marijuana use by UNL students is already low, 
Workman said the provision could help other schools struggling with 
drug use. The law aims to help students eliminate their harmful 
behavior, he said.

Drug use shouldn't be the only factor considered for federal 
financial aid, Workman said, but the line had to be drawn somewhere.

"If the goal is to get people into treatment to fight drug addiction, 
then any effort to get people to treatment is a good thing," he said. 
"It's not meant to be punitive, it's meant to be motivational."

But Schroeder said the best way of approaching student drug users is 
to help them receive education funding, rather than deprive them of 
federal aid. The provision also fails to separate between students' 
consistency of use.

"A lot of students who have a violation do not have a serious 
problem," he said. "The best way to approach these students is to 
help them rather than deprive them of funds for their education. They 
don't differentiate between someone who just got caught once and 
someone who may be a heavy user or even a dealer."

Cathi Biba, junior English major, said the existing drug provision is 
fair, but financial aid eligibility should consider other crimes as 
well. Students breaking federal laws should not receive federal 
money, she said.

The provision has many side effects beyond the classroom, said Bruce 
Mirken, director of communications for Marijuana Policy Project, a 
advocacy group based in Washington, D.C. He said the law targets 
students from low-income families.

"If you're rich, you're not going to be affected by this," he said. 
"It only affects people who really have to struggle sometimes to even 
go to college.

"It's just an absurdity that somebody caught with a joint can lose 
their student aid, but somebody who commits rape might not."

Congress is examining this issue.

According to the U.S. House of Representatives Committee on Education 
and the Workforce Web site, the committee approved amending the 
Higher Education Act on July 22 so students who receive drug 
convictions before enrolling in college would still be eligible for 
financial aid. The House has not yet voted on the bill.

However, the U.S. Senate Committee on Health, Education, Labor and 
Pensions failed to adopt an amendment to repeal or revise the drug 
provision at a Sept. 8 hearing, according to the committee's Web 
site. The bill is currently waiting to be voted on by the Senate.

But students are fighting back. A national organization, Students for 
Sensible Drug Policy, formed in 1998 to ensure that punitive drug 
polices don't impede students' access to education.

"When this provision passed, it really sparked rapid growth of our 
group as more and more students found out about this policy and that 
the war on drugs directly targeted them," said Tom Angell, the 
group's campaign director.

Angell said more than 175,000 students have lost financial aid since 
the law was first implemented, a number significantly higher than the 
GAO's estimate.

"We think (the provision) is a harmful hurdle on the path to 
education and recovery," he said. "Blocking access to education will 
do nothing to solve our nation's drug problems, only make them 
worse." Hecker said community standards were the more effective 
methods of preventing drug use while Schmidt said awareness was the 
best way to minimize drug use.

Schmidt said various UNL groups -- Association of Students of the 
University of Nebraska, University Housing and Panhellenic 
Association -- assist students with drug-rated questions.

Education should be a top priority for university officials, 
Dinkelman said, as well as U.S. policymakers.

"Personally, it would seem as if a student who is filling out a FAFSA 
and wanting to attend college would be a positive step," she said, 
"so we want to try to avoid putting obstacles in a student's way."
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MAP posted-by: Richard Lake