UNIVERSITY MAY DENY FUNDS TO DRUG OFFENDERS

Felony Convictions Inhibit Financial Aid

Students at UC Berkeley and across the nation may lose federally-funded
financial aid if they have been convicted of a drug offense, according to
provisions enacted by the U.S. Department of Education Friday.

The policy implements a law passed by Congress in August requiring states
to withdraw or deny funding for college students who have been convicted of
felonies, including drug possession.

Under the law, the university will have access to information about the
drug-related convictions of students who apply for financial aid, said
Richard Black, director of UC Berkeley’s Financial Aid Office.

The Department of Education code installs a sliding scale for the loss of
financial aid. Some crimes, such as possession of marijuana, carry milder
financial penalties than dealing drugs such as cocaine or heroin.

UC Berkeley's financial aid officers are planning to follow the lead of the
federal government and evaluate the severity of the offense before
withdrawing part or all of federal funding, Black said.

"The regulations differ for possession and sale, and whether or not the
applicant has been in a rehab program," he said.

In addition, UC Berkeley officials said they would follow the federal
government's policy and examine each student's case individually in order
to decide what financial punishment a student should receive, Black said.

"We take each case on a case-by-case basis," he said. "This is a situation
in which very few federal financial aid applicants are going to be
involved, and the federal government is saying 'let's talk to each
applicant individually.'"

UC Berkeley students received $220 million in financial aid in the 1997-98
school year, the last year for which figures are available, Black said.
$123 million of the aid was provided by the federal government.

According to Black, the Federal Application for Federal Student Aid, which
all college students must file in order to receive financial assistance
from the government, will include a question that asks if the student has
ever been convicted of a drug offense. If the answer is no, the student
checks a box on the application.

If a student has been convicted of a drug offense, the form notifies them
to call a phone number that will provide instructions on the next step the
student can take to disclose the details of their record, Black said.

One ASUC senator said he strongly endorses the law and the Department of
Education’s implementation of it.

"I definitely believe that convicted felons should not be eligible for tax
dollars and for financial aid," Kevin Sabet said.

Sabet said he agrees with the sliding scale imposed by the regulations.

"If these people are addicted and still want to go to school, that should
be a different story," he said. "They should be mandated to find proven
treatment. But when we’re talking about drug dealers, where they only sell
drugs and are not users, they shouldn’t be getting tax dollars. There's a
difference between selling 300 pounds of cocaine and possessing some
marijuana."

According to the Drug Enforcement Administration, drug use by high school
seniors is on the rise. A recent study showed 54 percent of a sample of
American 12th grade students reported using at least one illegal substance
in their lifetime. Approximately 50 percent reported having smoked
marijuana in the 30 days before the survey was taken.

Gregory Wesley of the Daily Californian staff contributed to this report.