Drug convictions could affect federal student aid

The UM Office of Financial Aid sent an e-mail on September 7, 2010, informing all students that drug convictions could disqualify students for federal student aid and loans.

Laura Diven-Brown, director of the Office of Financial Aid, said, “There are a lot of things tied into federal aid that students wouldn’t know about it, and this is just one of them.”

A conviction which takes place while a student is receiving Title IV federal student aid can result in a period of ineligibility of one to two years, or indefinitely, depending on if the conviction is the student’s first, second or third offense, according to the Office of Financial Aid’s website. 

The period of ineligibility also depends on whether a student is convicted of possessing or selling illegal drugs (including conspiring to sell illegal drugs), or both — which leads to a longer period of ineligibility. 

The Office of Financial Aid will be notified of convictions through the Free Application for Federal Student Aid (FAFSA), where students will have to indicate “yes” or “no” to having ever received a drug conviction.

Eligibility can be regained after the period of ineligibility ends or after a student completes a drug rehabilitation program. Unfortunately, once a student has been declared ineligible, the decision cannot be appealed, Diven-Brown said.

This is not a new requirement. Since 2008, students have been required to answer question 23 on the FAFSA, regarding prior drug convictions while receiving federal aid. 

According to Diven-Brown, the e-mail students received was one of the new requirements set by the Higher Education Opportunity Act (HEOA). The law requires, among other things, that students receive a separate written notice about this new rule.

“We sent it out the 11th day of class, right after the full refund period ends, and we’ll do it again in the spring just so students know about it,” Diven-Brown said.

Students can call 1-800-433-3243 if they have questions about their standing under this law, because not all students who have had a conviction will be denied aid.

“I’ve actually dealt with a few student who when they went through the process, their specific conviction still allowed them to receive aid, and others had to just wait it out,” Diven-Brown said.

The university has also put in place a task force which includes Diven-Brown, a representative from the university attorney’s office and several others, to ensure that the university is in compliance with HEOA requirements.

“We’re going through all of the requirements to find the things we can put immediately in place and which things we can get by on,” Diven-Brown said. 

Some Ole Miss students have been denied aid due to this law. 

“There’s been a handful over the years, and we’ve counseled those students. We have to make sure they truly understand the timing,” Diven-Brown said.

Many students were genuinely concerned about the e-mail message.

“I can understand where they’re coming from, but at the same time, you get convicted and can’t go to school, so the vicious cycle continues,” Kane Alber, a biochemistry graduate student, said.

Janee Bell, a sophomore broadcast journalism major, said, “I thought the indefinite (time period) was over exaggerated. People do things, like you could be in the car with someone who has something and then you get in trouble. It’s a missed opportunity.”

Diven-Brown addressed concerns about the perceived severity saying, “They still give people a way to fulfill that requirement, to take care of that problem. If it was just indefinite without an opportunity, it would be really hard, but there is that second chance.“