JUDGE UPHOLDS AID RESTRICTIONS

A federal court ruled last Friday that legislation prohibiting
students with drug-related offenses from receiving federal financial
aid is constitutional.

Students for Sensible Drug Policy Foundation, a network of student
organizations that works on drug policy issues, filed the lawsuit in
conjunction with the American Civil Liberties Union in March. The
groups argued that the law targets specific students by denying
federal aid to drug offenders and limits access to education for many
low-income students.

"The United States Department of Education refuses to disburse
financial aid, including loans, grants and work-study opportunities,
to these students pursuant to a little-known law with very serious
consequences," the SSDPF said in their complaint.

The law, part of the 1998 reauthorization of the Higher Education Act,
aimed to reduce drug abuse among students, and prevents drug offenders
from receiving federal financial aid for eight years after their conviction.

Under the law, universities that receive federal funding must take
away aid eligibility from students convicted of a first drug
possession offense for one year. A student convicted of a second
offense loses financial aid for two years, and loses all aid after a
third offense.

Tom Angell, campaign manager for SSDPF, said that the law produces
ineffective results by forcing students to drop out of school because
they cannot pay for tuition without federal aid.

"This law is supposedly intended to reduce drug abuse, but it actually
causes more drug abuse by kicking students out of school," Angell
said. "It does the exact opposite of what it intends to do."

But Judge Charles Kormann of the U.S. District Court in South Dakota
dismissed the claim against the constitutionality of the law and said
that Congress has a constitutional right to enact such measure. He
argued that the law does reduce drug abuses in colleges and that the
denial of federal aid is a civil, not criminal, sanction.

Angell said that the SSDPF will continue to fight the law.

Congress amended the drug policy this year in response to large
opposition from student groups.

In contrast to the old law that denies federal aids to students with
drug charges convicted at any time, the amended law says that only
those students convicted while receiving federal aid will lose
eligibility.

Universities have had a difficult time implementing the drug policy
provision.

Scott Fleming (SFS '72), vice president for federal relations, said
that Georgetown has been concerned with the law since it passed in
1998.

In addition to raising questions about the fairness in denying aids to
students convicted only of drug abuse and not other criminal offenses,
Fleming said that the 1998 law is difficult to implement, but that the
new provision is much more manageable for university
administrators.

"Since many drug laws are state [or] local laws, it would be
difficult, if not impossible, for a student aid administrator to know
definitely if an individual otherwise eligible for aid had no
applicable drug convictions," Fleming said.

Georgetown students have also been involved in calling for the
repealing of the law. Fleming said that GUSA adopted a resolution to
support changes in the provision in 2001.