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Student-Athlete Drug Testing Policy
The
The specific purpose of this drug-testing program is: 1. to deter drug use, 2. to identify athletes whose use of drugs poses a safety hazard to other athletes, recruits, and a health hazard to themselves, and 3. to insure the
integrity and
competitive fairness of the
The unauthorized use of anabolic steroids,
stimulants,
diuretics, performance enhancing drugs, marijuana, cocaine,
amphetamines,
nicotine, alcohol, and any other substance proscribed by federal or
state law,
by any member of an intercollegiate athletic team at the
Consent & Education of the policy: A list of
banned
substances will be provided to every team member during their NCAA
eligibility
meeting at the beginning of each academic year. At this time, the Drug Consent form for the
The University
of
The standard
method for
testing for drug use shall be through independent laboratory analysis
of urine
samples provided by student-athletes. Urine specimens shall be collected in the presence of a same
sex,
trained observer assigned for that purpose. Results of the test shall be available only as required for
implementing
this drug testing policy (as stated above).
The protocol for testing shall minimize the chances for cheating. While this makes the testing program personally more invasive, it is necessary to assure the integrity of the program. A copy of the protocol shall be provided to each student-athlete along with this policy statement (see Appendix C). Coaches shall not be involved in the urine sample collection process. Testing of urine samples shall be performed by an independent laboratory qualified to provide such procedures. First Positive Result: A student-athlete whose urine is found to contain
banned
substances during the course of his/her matriculation at the
1. The student-athlete shall be notified either in writing or in person that his/he urine was found to contain a banned substance and he/she shall be required to meet with the Director of Athletics within 3 calendar days of notification. If the student-athlete fails to meet with the Director of Athletics within the specified period of time, the student-athlete will be immediately suspended from his/her intercollegiate athletic team. The student-athlete shall have the right to appeal in accordance with the appellate procedures. 2. The student-athlete shall meet with the Director of Athletics to review the testing procedures and test results. Upon determination that the procedures are correct and the test results valid, then:
Second Positive Result: A student-athlete, who after an initial positive drug test, receives a second positive drug test during his/her matriculation, shall be subject to the following:
2. The student-athlete shall meet with the Director of Athletics to review the testing procedures and test results. Upon determination that the procedures are correct and the test results valid, then:
Third Positive Result: A student-athlete, who after an initial positive drug test, receives a third positive drug test during his/her matriculation, shall be subject to the following:
Refusal to Provide a Sample/Failure to Keep Appointment: If a student-athlete refuses to provide a sample during the test process or who fail to keep a scheduled drug test appointment shall be deemed in violation of this policy. This violation shall be equivalent to a “positive” test result and the appropriate level offense consequences shall be applied. Withdraw of Consent: Withdraw of consent to testing shall, regardless
of
current-year test schedules, preclude participation and renewal of an
athletic
grant-in-aid for the following year unless and until said consent is
reinstated
by signing a new consent form. Withdraw
of consent to testing which has the effect of interdicting schedule
tests shall
be treated as above (refusal to provide a urine sample). 1. Ability to retest: A student-athlete who contests a laboratory finding that he/she has a banned substance in his/her urine sample may, within three (3) calendar days following receipt of notice of said laboratory finding, present evidence of the inaccuracy of said finding to the Director of Athletics. Sample “B” may be tested at the request of the student-athlete. The test shall be performed by the laboratory who tested sample “A”.
The student-athlete shall be responsible for paying the chosen laboratory if he/she elects to have his/her sample retested. The University shall reimburse the student-athlete for the expenses of such retesting in the event that the chosen laboratory determines that the student-athlete’s urine sample does not contain banned substances. 2. Appeal: Student-athletes who believe they have been cited in error for violations of this policy (excluding failure to consent or withdrawal of consent) may appeal to the Director of Athletics stating in writing the reasons the athlete believes the decision was improper, or without merit or just cause. If necessary, a hearing may be held. The Director of Financial Aid may attend all hearings held by the Drug Testing Appeals Committee, (if he/she is not already named to that committee) where the decision involves termination, downward gradation, or non-renewal of an athletic grant-in-aid. The University has no purpose of invoking criminal justice procedures or Student Conduct Code disciplinary proceedings arising out of the use of ingestion of controlled substances or substances on the NCAA list of banned substances. The University, in conducting the testing program, is not acting in aid of or as an agent for state or federal law enforcement officials. Nor are those administering the tests acting as, for, or on behalf of University offices. The test results would be deemed part of a
student’s
educational records protected from disclosure under state and federal
law. The test results do not become part
of the
student-athletes’ official education record, but are treated as if they
are for
privacy reasons as defined by the Buckley Amendment and Family Rights
to
Privacy Act. However, these laws do not
immunize student educational records from disclosure pursuant to a
subpoena
from a federal court or agency or a
The Division of Intercollegiate Athletics & Recreation Services experience with news media suggest that it is likely that sport reporters may draw inferences in the event of unexplained “disciplinary” suspension of student-athletes. This inference is unavoidable. This program may be amended from time to time at the discretion of the Director of Athletics. Amendments shall be distributed to all student-athletes. No amendment shall be applied retroactively if such application will adversely affect a student-athlete’s right to prior notice of standards of conduct or discipline.
INFORMED CONSENT/RELEASE OF LIABILITY
I,
__________________________________ (print name), a student-athlete at
the
Date
of Birth: ___________________________________________
Date: ___________________________________________
Parent/Guardian
of Minor: __________________________________
Date: ___________________________________________
Appendix C: Testing Protocol
DRUG
SCREENING
PROTOCOL:
SPECIMEN COLLECTION AND WITNESS’ ROLEPHASE
I
1. Student-athlete reports at time announced for testing to the designated area and attendance is noted. (All exceptions to arrival at announced time, because of classes or work schedule, must have prior approval through the Director of Athletics or designated staff member.) 2. Student-athlete is advised to report with a full bladder and to indicate to employee noting attendance (site manager) of any time limits caused by academic commitment. Should a student-athlete have such a commitment, he/she may make arrangements, if approved, to sign out for that time block and return accordingly. (Football testing is unannounced – this first sentence doesn’t apply.) 3. The witness will accompany the student-athlete to the collection area. 4. The student-athlete will then be asked to enter the testing room and select a sealed container of his/her choice, and to proceed to the collection area. The student-athlete will write his/her initials on the container at that time. 5. The student-athlete can expect that at no time will the witness nor a tester have that container in their possession, nor will the student-athlete be out of sight of witness once the container has been selected up until end of Phase I. 6. The witness then instructs the student-athlete to select a urinal or stall. The student-athlete proceeds to the urinal or stall to provide a sample. 7. The witness says that they will no longer speak unless the donor requests it. Requests may also be made to have water faucets run or such as long as the witness never takes sight off of the process. Direct observation while voiding not required. 8. As soon as collection is made, the student-athlete should cover the container with the lid. They may make use of the sink but need to keep container within their possession and witness’ view. Both witness and student-athlete proceed to testing room. The student-athlete and the sample are within view of the witness or a site manager, until the witness signs off in Phase I and student-athlete proceeds with testers on Phase II.
9. If ever an empty cup is left standing, or a partially or fully filled cup not in close proximity and possession of its owner, a witness, a tester, or a site manager will dispose of the cup.
DRUG SCREENING PROTOCOL:
SPECIMEN HANDLING AND PRELIMINARY TESTING
PHASE II
1. The witness reports to processing/testing site with student-athlete (specimen in hand.) 2. The witness signs control sheet affirming witnessed donation and enters the student-athlete’s name on the certification form. 3. Tester has selected two specimen containers marked “A” and “B”. 60 ml of the specimen must be poured into container marked “A”. 20 ml of the specimen must be poured into container “B”. A total of 80 ml must be provided as an acceptable specimen. 4. Lids of the numbered containers should then be tightly closed by the student-athlete. The tester places a bar code across the top of each lid of each container. 5. The tester tests the urine for specific gravity and pH and enters the results on the certification form. 6. If the specific gravity is less than 1.005 or the pH is alkaline, the collection process is begun again until an adequate specimen is obtained. Only satisfactory specimens should be submitted to the laboratory for analysis. 7. The student-athlete places the specimen containers in the specimen transport box and signs the certification form certifying that there were no irregularities in the entire collection, handling and testing process. The tester also signs certifying that he/she has followed the prescribed procedure and the site manager signs as well. 8. The specimen transport box will be sealed with the tape by a tester after the last specimen has been placed in the container. The container will then be under the observation of the tester at all times until it is passed to the courier or laboratory personnel. 9. After specimens have been received by the laboratory, the following policies are in effect:
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