Pubdate: Thu, 06 Apr 2006
Source: Lantern, The (OH Edu)
Copyright: 2006 The Lantern
Contact:  http://www.thelantern.com
Details: http://www.mapinc.org/media/1214
Author: Tim Ingle
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

DOUBLE JEOPARDY?

Drug Convictions Cost Students Their Financial Aid

Double jeopardy is more than just part of a television game show. 
According to the group Students for a Sensible Drug Policy, once a 
provision to the Higher Education Act was added in 2000, 200,000 
students have had to face double jeopardy. If a student is guilty of 
a drug conviction, he is ineligible for federal aid.

Phil DeSenze, a junior in political science and treasurer of the 
local Ohio State branch of the SSDP said this has not always been the 
case. DeSenze said that, until recently, a drug conviction before 
entering college could prevent a student from receiving aid, thus 
turning many students away from college.

In a United States district court in South Dakota, the American Civil 
Liberties Union is prepared to represent the SSDP in a lawsuit 
against the United States Department of Education. The ACLU filed the 
lawsuit on March 22 and now the government has 60 days to respond in court.

"Basically what we're asking the court to do is rule that the penalty 
is unconstitutional," said Tom Angell, SSDP campaigns director. "And 
then, in terms of the individual plaintiffs, they are hoping to 
become eligible to apply for aid again."

Allen Hopper, a senior staff attorney with the ACLU Drug Reform 
Project said in an e-mail that the goal of the case is "to end 
punitive drug policies that cause the widespread violation of 
constitutional and human rights."

The Fifth Amendment of the United States Constitution states that a 
person cannot be punished more than once for the same crime. Some say 
this process, known as double jeopardy, is what more than 200,000 
students have had to face since 2000, after receiving a drug 
conviction and then losing their financial aid.

"We don't think access to education should be lost as collateral 
damage in the war on drugs," Angell said in reference to the punishment.

This will be the first time that a case regarding the drug conviction 
provision of the Higher Education Act will be challenged in court. 
Angell said this is something that the SSDP has tried to get Congress 
to change, because it "would just be common sense for Congress to get 
rid of this law."

Many students who lose their financial aid because of double jeopardy 
end up not being able to go to college because they simply cannot afford it.

This can lead to problems in the future.

On average, those who go to college end up making more money and have 
a better career than those who don't pursue any sort of education 
after high school. The ACLU said in an e-mail from Hopper, "We hope 
the courts will see fit to strike down this irrational and 
unconstitutional barrier to education."

The general consensus of the SSDP and the ACLU is that this provision 
is unfair to those who have made a mistake in life, many now cannot 
receive an education unless they can completely support themselves 
without federal financial aid.

When asked if the ACLU would be prepared to appeal the case in the 
event that the case was lost, Hopper said in his e-mail that "the 
ACLU is prepared to take this case all the way to the Supreme Court, 
should it prove necessary."

The entire complaint that is being filed in court can be found online 
at www.ssdp.org/lawsuit/HEA-lawsuit.pdf and more information 
regarding the issue will appear in the local SSDP edition of Hempfest 
Journal, which comes out April 20.
- ---
MAP posted-by: Beth Wehrman