NO FINANCIAL AID FOR DRUG OFFENDERS

No Financial Aid for Drug Offenders

Smoke pot? If so, your federal financial aid is in jeopardy.

The Higher Education Act Aid Elimination Penalty, signed by former
President Bill Clinton and passed into law in 1998, requires students
to reveal drug convictions to the government when applying for federal aid.

The drug conviction question was added to the Free Application for
Federal Student Aid for the 2000-01 school year.

"oeThe question encompasses everything from a single marijuana
cigarette up to heroin trafficking," Tom J. Angell, campaigns
director of Students for a Sensible Drug Policy in Washington, D.C., said.

Since the law passed, 5,323 North Carolina college applicants have
been denied financial aid because of drug convictions, according to a
U.S. Department of Education study. Nearly 200,000 students
nationwide have been denied.

The majority of students the law affects are convicted of possession
of small amounts of marijuana, Ian Mance, former Appalachian State
University American Civil Liberties Union co-president, said.
University Police Chief Gunther E. Doerr said about 90 percent of
Appalachian student drug offenses are for marijuana.

In February, Congress approved an HEA revision, which states only
students convicted of drug offenses while enrolled in school will
lose their aid eligibility.

However, Appalachian financial aid and police representatives as well
as the university attorney said they do not enforce the revised HEA
elimination penalty.

"oeNo one is contacting the government," University Attorney Dayton
T. Cole said.

Drug convicted students must self-report on the day of their
conviction, Financial Aid Associate Director Kay N. Stroud said.

There is no system for tracking convictions, but if financial aid
personnel see public information about a student's conviction, they
must report that information to the government, she said.

This year, five Appalachian students reported a drug conviction on
the FAFSA and lost aid, Director of Financial Aid Esther Manogin said.

Last year, 23 Appalachian students were arrested for drugs and 166
were referred to the Office of Student Conduct, Doerr said.

As of the end of September, 26 Appalachian students were arrested and
56 were referred, Doerr said. Of the students arrested, Doerr said
about 50 percent are convicted.

There have been no reported drug convictions to the financial aid
office after a student has enrolled, Manogin said, but she believes
"oethe government can rely on self-reporting."

Office of Student Conduct Director Judy M. Haas said the federal
government does not see judicial referrals.

A student's FAFSA is believed to be true unless there is a reason to
suspect the student falsified their answers, Assistant University
Attorney David Larry said.

Under the Federal False Statement Act, a student putting an untrue
answer on the FAFSA faces felony charges and up to five years in
prison, Larry said.

"oeIt seems the statute is primarily a political document with
substantial consequences [if students choose not to self-report]," he said.