Group pushes to change penalty for drug charges
September 27, 2006
One in every 400 students applying for federal financial aid for college is rejected because of a drug conviction, according to the Department of Education.
A student advocacy group known as Students for Sensible Drug Policy has been pushing for a revision in laws that withhold federal financial aid from students convicted of drug charges.
Under the U.S. code, students convicted of their first offense of possession of narcotics are ineligible for federal education grants and loans for one year, second offense for two years and third offense indefinitely. Students convicted of their first drug sales offense are ineligible for two years, and any subsequent offenses make them ineligible indefinitely.
This law is not limited to drug type or quantity; whether students are caught smoking or possessing marijuana, they face equal jeopardy and severe penalties.
The group, which is organized on more than 70 college campuses across the United States, including the University of Iowa, has been working to overturn this law since it was passed in 1998. The group said this law has already cost around 200,000 students their financial aid.
“Historically, the war on drugs was waged to protect, but we know first-hand that the policies do more harm than good,” said Tom Angell, national campaigns director for Students for Sensible Drug Policies.
Roberta Johnson, director of student financial aid at Iowa State, said drug convictions resulting in the denial of financial aid is an uncommon problem at Iowa State.
“Most students complete the drug rehabilitation necessary to become eligible once again [for financial aid], and only one or two students per year are unable to get financial aid due to previous drug convictions,” she said.
Although several students are charged with drug offenses each semester, Johnson said financial aid loss begins when students are convicted – not charged – with drug offenses.
Angell said it is important for the group to continue to encourage students to know their constitutional rights so they can protect themselves from the lasting stain of a drug conviction.
“A drug conviction doesn’t end with handcuffs. Loss of public and university housing, expulsion and even deportation are serious consequences that surround possession convictions, in addition to losing federal grants and loans,” Angell said.
Although Congress scaled back aid penalties in February, previous laws applied to any convicted offenses after a student’s 18th birthday. As part of the Deficit Reduction Act, only drug convictions that occur while a student is enrolled affect aid status.
“It was major legislative victory – being the first national student organization to have such an effect on Congress. These drug policies target students, and we need to fight,” Angell said. “If we don’t, no one will.”
Bethany Schuttinga, assistant dean of students and director of judicial affairs, said the Judicial Affairs Office receives reports of arrests and citations, then determines whether the matter warrants a hearing. The hearing determines what – if any – punitive actions will be taken by the university.
Consequences can include being removed from university housing, suspension, financial aid implications and a notation being made on the student’s transcript that serves as a warning to other institutions, she said.
Micah Daigle, field director of the group, said the group serves not only as an advocate for students but also as a resource in times of need.
“SSDP is an organization that students can reach out to for help . campus chapter leaders serve as counselors, walking students through the process of the criminal system and serving as a safety net for those who find themselves in trouble,” Daigle said.
ISU students who need assistance or information on drug charges or other academic issues can contact the Dean of Students Office, Judicial Affairs Office and Student Counseling Services, which are all located in the Student Services Building.
For more information, visit Flexyourrights.org or Ssdp.org.