Minnesota State University Department of Intercollegiate Athletics Student-Athlete Drug & Alcohol Education and Testing Program

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1 Minnesota State University Department of Intercollegiate Athletics Student-Athlete Drug & Alcohol Education and Testing Program Introduction The Department of Intercollegiate Athletics at Minnesota State University has approved this policy. The Department of Intercollegiate Athletics reserves the right to amend this policy as needed. Furthermore, this policy is not to be construed as a contract between the university and the studentathlete. The Department of Intercollegiate Athletics at Minnesota State University is concerned with the health, safety, and well-being of the student-athletes who participate in its programs and represent the university in competitive athletics. Substance abuse is one of the most important issues facing athletics and society today. The use of illegal drugs, misuse of legal drugs and dietary supplements, use of performance-enhancing substances, misuse of alcohol and inappropriate use of tobacco are inconsistent with the standards expected of student-athletes at Minnesota State University. This kind of substance use and abuse in sport can pose risks to the student-athlete s health and negatively affect their academic and athletic performance. It also can compromise the integrity of athletic competition and the ideals of Minnesota State University. The Department of Intercollegiate Athletics at Minnesota State University believes it is our responsibility to do everything possible to protect the health and well-being of our student-athletes. It is our desire, therefore, to educate our athletes about the effects (both long- and short- term) that certain kinds of drugs and over-the-counter dietary supplements can have on their performance and much more importantly, on their lives. It is our hope that our student-athletes will recognize the dangers of drug use and choose to compete and live free of all dangerous substances. The Department of Intercollegiate Athletics believes that random drug testing and testing based on reasonable suspicion are appropriate to ensure the health, safety, and well-being of our studentathletes, to promote fair and equitable competition in intercollegiate athletics, to affirm compliance with applicable rules and regulations on drug and alcohol abuse, to identify student-athletes who are improperly using drugs or alcohol, and to assist them before they harm themselves or others. Furthermore, the Department of Intercollegiate Athletics recognizes its responsibility to provide educational programming that will support a positive decision-making process and to make referrals for professional help and support when necessary. Purposes of the Intercollegiate Athletics Drug Education and Testing Program 1. To adhere to NCAA, athletic conference, and university policies, rules, and procedures regarding licit or illicit drug use by student-athletes. 2. To disseminate information and educate student-athletes about problems associated with drug and alcohol abuse. 3. To deter student-athletes from using drugs and alcohol. 4. To identify student-athletes who are using illicit drugs or abusing alcohol or other illicit drugs and provide avenues for remediation. 5. To assure all student-athletes, parents, and university officials that the Minnesota State University Department of Intercollegiate Athletics is committed to providing a drug-free environment for the conduct of all athletic programs. 1

2 6. To protect the reputation and integrity of the Minnesota State University intercollegiate athletics program. Drug Education Athletes who are educated about substance use in sport are more likely to make informed and intelligent decisions about usage. At least once a year, all student-athletes will be required to participate in educational programs designed to review athletic department, institutional, and NCAA policies related to the use of alcohol, tobacco, and other drugs. Appropriate educational materials will be made available to participants. Behavioral responsibilities and disciplinary expectations will be fully discussed during this presentation. Time will be allowed for questions from participants. Additionally, a resource pool of educational materials will be made available for use by coaches and student-athletes throughout the year. All student-athletes and athletics staff members are required to attend the educational programs. Make-up sessions are available for participants who must miss a scheduled educational session for an approved reason. Athletic Department Staff Responsibility All athletics staff members must be aware of and committed to the Drug & Alcohol Education and Testing Program. No athletics staff member shall encourage or advise any student-athlete to take performance enhancing or non-therapeutic drugs and further, they shall not issue or assist studentathletes in obtaining any performance-enhancing or non-therapeutic drugs. The Director of Athletics or designee will sanction and discipline staff members who violate this policy on a case-by-case basis. Staff members shall advise and educate student-athletes against these types of substances and shall report the use, or suspected use, of performance-enhancing and/or non-therapeutic drugs by a studentathlete to the appropriate athletic department administrator. Consent to Participate As a condition of participation in intercollegiate athletics at Minnesota State University, each studentathlete will be required to sign a consent form agreeing to undergo drug testing and authorizing release of test results in accordance with this policy (See Appendix A). Failure to consent to or to comply with the requirements of this policy will result in suspension from participation or termination of eligibility to participate in intercollegiate athletics at Minnesota State University. Additionally, student-athletes will be given an opportunity to ask any questions regarding the information contained in the policy, the testing program, or other related issues prior to signing the Minnesota State University drug-testing consent form. All Minnesota State University student-athletes listed on the institutional squad list and who have signed the institutional consent form shall be subject to drug testing under the terms of this policy. This includes, but is not limited to, student-athletes who are red shirting, student-athletes who are academically ineligible, student-athletes who are injured and 5 th year student-athletes who are receiving athletic-related aid and/or using other athletic-related services. All student-athletes shall be subject to drug testing under the terms of this policy throughout the calendar year, including the summer. 2

3 Student-Athlete Responsibility As a member of a Minnesota State University intercollegiate athletics program, your participation in any events or activities authorized by the department requires you to provide proof of compliance with the Minnesota State University Drug & Alcohol Education and Testing Program. It is also the responsibility of the student-athlete, when requested through the testing program, to present a urine specimen free from banned substances or evidence of inappropriate use of alcohol or illicit medications. Any urine sample testing positive will be considered valid and that of an active user. Selection of the student-athlete or team for testing will be randomly determined by the Minnesota State University Director of Athletics or their designee subject to methods of selection described within this Policy. Alcohol Policy Student-athletes will be expected to abide by all federal, state, local, university, departmental and team alcohol policies. Those of legal drinking age are expected to practice responsible behavior. Studentathletes are reminded that the legal age for consumption of alcohol in the state of Minnesota is 21. Information about the MSU Alcohol and Drug Policy can be found at the following website: An alcohol violation shall include any violation of federal, state, local, university, department or team alcohol policies, which includes any known incident(s) that can be documented by a Department of Intercollegiate Athletics staff member, with or without the assistance of witnesses and/or legal agencies. Student-athletes shall not attend any athletic-sponsored meetings, treatments, practices, programs, services, contests, etc., while under the influence of alcohol. The consumption of alcohol by student-athletes while on university-sponsored travel for athletic competition or practice is strictly prohibited. It is the responsibility of all student-athletes to know all federal, state, and local laws as well as the university, athletic department, and team policies related to the use of alcohol and drugs. Federal, state, and local laws provide many legal sanctions for the unlawful possession or distribution of controlled substances. These sanctions include severe criminal penalties such as fines and/or imprisonment. If a student-athlete is determined to be involved in an alcohol or drug related incident, or if the studentathlete tests positive for inappropriate use of alcohol, the student-athlete may be required to consent to a substance abuse screening session with the MSU Counseling Center and/or an educational workshop with the MSU Health Education Office. An alcohol or drug-related incident shall include, but is not limited to, the following: minor consumption, minor in possession (MIP), public intoxication, drunk and disorderly conduct, open container, DWI/DUI, assault while under the influence of alcohol or drugs, possession of drugs, and/or any violation of the Minnesota State University Statement of Student Responsibilities. In the event a substance abuse screening is required, the Counseling Center will provide written verification of attendance (or failure to attend) to the original referral source(s). 3

4 It is the responsibility of the student-athlete to share the verbal results of the screening with the Director of Athletics or designee. In the event, a substance abuse screening results in further recommendations for chemical dependency assessment and/or treatment, referrals will be provided to the student-athlete as appropriate. Chemical dependency assessment and treatment are provided by off-campus facilities at the expense of the student-athlete. In the event of an education workshop, the MSU Health Education Office will assign the student-athlete to a follow-up educational workshop (at the student-athlete s expense of minimum of $40.00 and a maximum of $110). The Director of Athletics or their designee and the head coach will determine on a case-by-case basis if the circumstances and severity of the incident warrant suspension of the student-athlete from practice and/or competition. Tobacco Policy The NCAA and Minnesota State University prohibit the use of tobacco products by all game personnel (e.g.-coaches, student-athletes, athletic trainers, managers and game officials) in all sports during practice and competition (See NCAA Bylaws and ). A student-athlete who violates this tobacco policy shall be disqualified for the remainder of that practice or competition. The Director of Athletics or their designee will sanction and discipline other game personnel (e.g.-head or assistant coach) who violate this tobacco policy on a case-by-case basis. Use of Dietary Supplements Many dietary supplements or ergogenic aids contain banned substances. Often the labeling of dietary supplements is not accurate and is misleading. Terms such as healthy or all natural do not mean dietary supplements are free of banned substance or are safe to take. Using dietary supplements may lead to negative side effects such as dehydration and/or may cause positive drug tests. Student-athletes who are currently taking dietary supplements or intend to take any are required to review the product with the head strength and conditioning coordinator prior to usage. Student-athletes are encouraged to contact the National Center for Drug Free Sport, Inc. at or the Dietary Supplement Resource Exchange Center (REC) at for information on dietary supplements and other banned substances. Medical Exception Process Minnesota State University recognizes that some banned substances are used for legitimate medical purposes. Accordingly, the Department of Intercollegiate Athletics allows exceptions to be made for those student-athletes with a documented medical history demonstrating a need for regular use of such a substance. Exceptions may be granted for substances included in the following classes of banned drugs: stimulants, beta-blockers, diuretics, and peptide hormones. Student-athletes are required to inform the athletic trainer assigned to their sport of all prescribed medications that they are taking during any period of practice or competition. The athletic training staff will maintain in the student-athlete s medical record a letter from the prescribing physician that documents the student-athlete s medical history demonstrating the need for regular use of such a drug. The letter should contain information as to the diagnosis (including appropriate verification), medical history, and dosage information. 4

5 In the event a student-athlete tests positive, the head athletic trainer, in consultation with the team physician, will review the student-athlete s medical record to determine whether a medical exception should be granted because of prescription medications. Screening for Prohibited Drugs/Substances The Minnesota State University substance abuse screening process may include analysis of, but is not limited to, the NCAA list of banned-drug classes. The NCAA banned-drug classes are as follows: stimulants, anabolic agents, diuretics, street drugs, peptide hormones and their related compounds. For an ongoing, updated listing of the NCAA banned-drug classes, student-athletes are urged to review the following web sites for the most current information: or Additional substances that Minnesota State University may screen for include alcohol, beta-blockers, opiates, MDMA (Ecstasy), amphetamine/methamphetamine, and flunitrazepam (Rohypnol). Minnesota State University explicitly reserves the right to test for substances not listed on the NCAA banned drug classes list and to test at detection levels that vary from those of the NCAA. Minnesota State University s Student-Athlete Drug & Alcohol Education and Testing Program are separate and distinct from the NCAA s drug testing programs, including, but not limited to, banned substances, sanctions imposed, and levels of detection. Methods of Selection for Drug Testing Unannounced Random Testing All student-athletes who have signed the institutional drug-testing consent form and are listed on the institutional squad list are subject to unannounced random testing at any time. The Director of Athletics or designee will select student-athletes from the official institutional squad lists by using a computerized random number program. Pre-season Screening All student-athletes are subject to pre-season drug testing and may be notified of such by the Director of Athletics or designee at any time prior to their first competition. Team Testing All student-athletes who have signed the institutional drug-testing consent form and are listed on the institutional squad list are subject to unannounced random team testing at any time. The Director of Athletics or designee may select an entire team from the list of teams sponsored by the institution using a computerized random number program. Reasonable Suspicion Screening A student-athlete may be subject to testing at any time when the Director of Athletics or designee determines there is individualized reasonable suspicion to believe the student-athlete may be using a prohibited substance (See Appendix B Reasonable Suspicion Reporting Form). Such reasonable suspicion may be based on objective information deemed reliable by the Director of Athletics or designee. Reasonable suspicion may be found, but not limited to: 1) observed possession or use of substances appearing to be prohibited drugs; 2) arrest or conviction for a criminal offense related to the possession or transfer of prohibited drugs or substances; or 3) observed abnormal appearance, conduct, or behavior reasonably interpretable 5

6 as being caused by the use of prohibited drugs or substances; or 4) other evidence, including photos, videos, information displayed on social networking sites, police reports, crime logs, etc. Among the indicators which may be used in evaluating reasonable suspicion are factors including: a student-athlete s abnormal appearance, conduct or performance, class attendance, significant GPA changes, athletic practice attendance, increased injury rate or illness, physical appearance changes, academic/athletic motivational level, emotional condition, mood changes, and legal involvement. If reasonable suspicion is verified (see Reasonable Suspicion Reporting Form Appendix B), the Director of Athletics or designee will notify the student-athlete and the student-athlete must subject themselves to the testing procedures outlined within this policy. Postseason/Championship Screening Any participant or team likely to advance to post-season championship competition may be subject to additional testing by Minnesota State University prior to the post-season championship event. Testing may be required of all team members or individual studentathletes at any time within thirty (30) days prior to the post-season competition. If a studentathlete tests positive, he or she will not be allowed to compete at the post-season event unless he or she subsequently tests negative prior to departure for the event and receives permission from the Director of Athletics or designee to compete in the post-season event. Re-entry Testing A student-athlete who has had his or her eligibility to participate in the intercollegiate athletics program suspended as a result of a drug and/or alcohol incident will be required to undergo reentry drug and/or alcohol testing prior to regaining eligibility. The Director of Athletics or designee shall arrange for re-entry testing after the student-athlete has met all the requirements as specified in this policy. Follow-up Testing A student-athlete who has returned to participation in intercollegiate athletics following a positive drug test under this policy will be subject to follow-up testing throughout the remainder of their athletic eligibility. Testing will be unannounced and will be required at a frequency determined by the Director of Athletics or designee, and where necessary, in consultation with any off-campus professionals who might be involved in the disposition of the student-athlete s case. Voluntary Disclosure/Safe Harbor (a) A student-athlete who has engaged in prohibited drug or alcohol use is encouraged to seek assistance from the Athletic Department (e.g. Director of Athletics, head athletic trainer, team physician, athletic training staff members or coach) by voluntarily disclosing their usage problem. (b) Any student-athlete who seeks assistance prior to receiving a positive drug test result and/or prior to being notified that he or she has been selected for drug testing, will be deemed to not be in violation of this policy for purposes of determining sanctions. However, the head athletic trainer, in consultation with the team physician, may determine that for health and safety reasons the student-athlete may need to be withheld from participation in 6

7 intercollegiate sports pending an evaluation. A student-athlete will not be permitted to enter the Safe Harbor Program thirty (30) days prior to NCAA or conference postseason competition. (c) Upon entering the Safe Harbor Program, the student-athlete will be required to undergo an initial drug test by the institution s testing agency. The institution will pay for the cost of the test, but the student-athlete may be responsible for all ancillary costs, such as the cost of bringing the institution s designated testing agency to campus. The student-athlete will be referred by the Director of Athletics or designee for a substance abuse screening by an MSU Counselor and/or educational program designated by the MSU Heath Education Office. The Director of Athletics or designee s decision on this referral will be based upon which substance the student-athlete seeks assistance for and/or which prohibited substance is revealed in the student-athlete s drug test taken after they seek assistance. It is the responsibility of the student-athlete to share the verbal results of the screening and/or educational program with the Director of Athletics or designee. In the event, an substance abuse screening results in further recommendations for chemical dependency assessment and/or treatment, referrals will be provided to the student-athlete as appropriate. Chemical dependency assessment and treatment will be provided by appropriately designated off-campus professional facilities at the expense of the student-athlete. As stated above, if the initial drug test result is positive, the impermissible use will not be deemed a violation of this policy for purposes of determining sanctions. (d) A student-athlete will be permitted to remain in the Safe Harbor Program for a reasonable period of time, not to exceed thirty (30) days, as determined by the treatment plan and will be removed from the random selection pool of student-athletes. However, the studentathlete will not be permitted to return to participation in intercollegiate sports until the student-athlete presents with a negative drug test and has completed prescribed educational components and/or counseling services and recommendations as required by the Director of Athletics or designee. (e) Failing to complete the treatment recommended by the MSU Counselor or Health Education Staff Person, having a second positive drug test result for any banned substance while still within the Safe Harbor Program that is determined to be a result of new drug use, or having a positive result on a reentry drug or alcohol test will be deemed a second offense under this policy (e.g.-the initial positive drug test result, plus the second/new positive drug test result) and will be subject to the sanctions prescribed. (f) If the student-athlete regains their eligibility to participate in intercollegiate athletics after any period of time in the Safe Harbor Program, he or she may be required to undergo unannounced follow-up tests at the discretion of the Director of Athletics or designee. (g) Positive drug test results that occur any time after satisfactorily completing the Safe Harbor Program will count as the first positive drug test result. 7

8 Notification and Reporting for Collections The student-athlete will be notified and scheduled for testing by the institution. The Director of Athletics or designee will notify the student-athlete in person or by direct telephone communication (e.g.-no voice mail messages, no s) of the date and time to report to the collection station and will have the student-athlete read and sign the Student-Athlete Notification Form (See Appendix C). No specific time period is required for notification of student-athletes prior to the administration of any drug tests. A student-athlete who refuses to provide an adequate urine sample during the testing process, attempts to alter or substitute their urine sample, or fails to show up at the designated time, shall be deemed to be in violation of this policy and will be cause for the same action(s) as a positive drug test result. (See Appendix D for Specimen Collection Procedures.) Testing Procedures/Results Notification All student-athlete information and records associated with the Minnesota State University drug education and drug-testing program will be confidential and results will be released only to those individuals with a legitimate need to know. Urine samples will be collected and sent to an independent certified laboratory for analysis. Each sample will be tested to determine if banned drugs or substances are present. All urine samples for testing will be collected under direct observation to eliminate substitutions. Formal procedures will be utilized to preserve the integrity, accuracy, and confidentiality of the testing process. Containers and samples will remain under constant supervision until they are picked up for delivery to an appropriate facility for testing. Identification signature sheets will remain under constant supervision until delivered to the head athletic trainer. Upon completion of the testing, results will be shared with the Director of Athletics or designee regardless of whether or not all specimens were found to be negative, or if positive samples were found. The Director of Athletics or designee will then notify the head athletic trainer and the respective head coach of the laboratory s findings. If positive specimens are identified, the Director of Athletics or designee may also notify other athletic department administrative staff members, the team physician, and appropriate university counseling staff members of any positive samples on a need to know basis. Positive Drug Test Sanctions The following sanctions shall apply to positive drug test results. Positive drug test results are cumulative for the student-athlete s athletic career at Minnesota State University. Not meeting any or all of the sanction requirements will be considered as another violation of this policy and the next subsequent sanction shall apply. Although this policy will impose specific sanctions, nothing in this policy precludes a head coach from enforcing a more restrictive team policy or team rule and other university policies or legal procedures may also apply. For health and safety reasons, a team physician may withhold a student-athlete from practice and/or competition at any time. 8

9 First Positive Test Depending on the nature of the positive test the student-athlete will be notified by the Director of Athletics or their designee to arrange an appointment with the MSU Counselor and/or Health Education Office. Student-athletes who test positive for a street drug or performance enhancing drug will be directed to meet with the MSU Counselor for a substance abuse screening. Additionally, the student-athlete will register and take an online educational program as assigned by the Director of Athletics or their designee (at the expense of the student-athlete; ranging from $40.00 to $110.00). It is the responsibility of the student-athlete to share the verbal results of the screening and/or educational program with the Director of Athletics or their designee. In the event a substance-abuse screening results in further recommendations for chemical dependency assessment and/or treatment, referrals will be provided to the student-athlete as appropriate. Chemical dependency assessment and treatment are provided by off-campus facilities at the expense of the student-athlete. The student-athlete will also be subject to periodic re-tests on any given date. These tests will be done under the supervision of the institution s designated testing agency. Although a first positive test may warrant no specific sanctions, other than referral to an MSU Counselor and/or Health Education Office, it does not preclude a coach from enforcing a team policy or team rule that may provide for or include other more severe penalties. The student-athlete will also be required to participate in a conference call with their parents, guardian, or spouse, the Director of Athletics or designee, and the head coach. Refusal or failure of the student-athlete to complete any or all of the following within a three week period following notice of a first positive test will result in immediate suspension from the team until such time as the student-athlete shall cooperate with counseling and evaluation measures: 1) arrange an appointment with the MSU Counselor and/or Health Education Office; 2) complete their assigned Education Workshop on-line; 3) participate in conference call; 4) follow-up with any recommendations made by MSU Counselor and/or Health Education Office. Following a first positive test, if the student-athlete elects not to participate in any or all of the above sanctions or procedures noted above, the student-athlete must then provide the Director of Athletics or designee with a written notice of their intentions to not follow through on any of their sanctions, procedures and/or recommendations. As a result: 1) the student-athlete will forfeit their privilege of participating in intercollegiate athletics at MSU; 2) the student-athlete shall be permanently suspended from participation; 3) and their related financial aid shall be revoked. Prior to the implementation of any treatment/penalties/suspension, or as soon thereafter as is practical, the student-athlete will have the opportunity to appeal the matter with the Drug Testing Appeals and Reinstatement Committee and present evidence contesting the accuracy of the test or any mitigating circumstances which the student-athlete feels are important. (See Appeal Process of this section of the handbook for further details.) 9

10 Second Positive Test Upon confirmation of the second positive test, the student-athlete will be suspended from all competition for a period equivalent to 10% of their scheduled season games. The suspension shall be served starting with the next scheduled game and will be in effect for both regular and postseason competition. If the infraction occurs at the end of the season or during the offseason, the suspension will be served in the next season. If the infraction occurs at the end of the regular season, but before a postseason competition, it shall be served during the postseason competition. Student-athletes who test positive a second time will be referred to an appropriate off-campus chemical dependency treatment facility at their own expense. The student-athlete will schedule and arrange an appointment with a chemical dependency counselor from the off-campus counseling agency or treatment facility for the purposes of evaluation, education, and if necessary, treatment and/or counseling. To maintain their opportunity to participate, the student-athlete must consent to provide a summary of any findings and recommendations relative to their case to the Director of Athletics or designee (see Appendix A-Student-Athlete Consent Form). The student-athlete s opportunity to return to participation is contingent upon fulfillment of the requirements outlined above within a three week period following notice of a second positive test and completion of the suspension period. The evaluation will include a diagnosis using standard diagnostic instruments, history, and, if necessary, physical examination. Information from other sources will be solicited for the purposes of the evaluation. These sources include, but are not limited to, coaches, academic counselors, athletic training staff, residence hall personnel, other student-athletes and members of the athletic department staff. Such information shall be used for the purposes of obtaining the clearest view possible of the student-athlete s clinical picture. Upon completion of the evaluation, a diagnosis will be formulated which will characterize the student-athlete in one of the five general categories with respect to alcohol/drug use. These categories include: experimental use, social use, chemical abuse, chemical dependency, and an indeterminate category. In the case of the chemical abuse and dependency categories, diagnosis shall be made in accordance with the Diagnostic and Statistical Manual (current edition) or the criteria of the National Council on Alcoholism. In some cases, disposition may include simple education and limit setting techniques. In the case of chemical dependency, structured treatment will be a prerequisite to the student-athlete s continued participation in the intercollegiate athletics program. When problems other than chemical use/abuse are uncovered, the chemical dependency Counselor from the off-campus chemical dependency treatment facility may refer the student-athlete to other appropriate resources at the expense of the student-athlete. Student-athletes who receive treatment for chemical dependency may be required to attend weekly meetings of an appropriate self-help group such as Alcoholics Anonymous, Narcotics Anonymous, etc. In addition, the student-athlete will be responsible for carrying out the discharge plans of the off-campus chemical dependency treatment facility. Student-athletes will sign appropriate 10

11 authorization forms to ensure that results of the treatment, treatment plans, etc., are available to the Director of Athletics or designee. Failure to comply with athletic department drug policy or treatment program recommendations will result in immediate suspension from all competition, practice, and training until said compliance is achieved. A second positive test may also result in the suspension of the student-athlete from related financial aid and does not preclude a coach from enforcing a team policy or team rule that may provide for or include other more severe penalties. The student-athlete will also be subject to periodic re-tests on any given date. These tests will be done under the supervision of the institution s designated testing agency. In addition to the evaluation process, the student-athlete will be required to participate in a conference call with their parents, guardian, or spouse, the Director of Athletics or designee, and the head coach. Refusal or failure of the student-athlete to do any or all of the following will result in immediate suspension from the team until such time as the student-athlete shall cooperate with counseling and evaluation measures: 1) arrange an appointment with an Alcohol/Drug Counselor at the appropriate off-campus chemical dependency treatment facility; 2) complete all recommendations as assigned by the chemical dependency counselor; 3) attend all meetings as assigned by the chemical dependency counselor to the appropriate self-help group such as Alcoholics Anonymous, Narcotics Anonymous, etc.; 4) participate in the conference call with parents; 5) complete all discharge plans as set forth by the off-campus chemical dependency treatment facility. Following a second positive test, if the student-athlete elects not to participate in any or all of the above sanctions or procedures noted above the student-athlete must then provide the Director of Athletics or designee with a written notice of their intentions to not follow through on any of the related sanctions, procedures, and/or recommendations. As a result: 1) the student-athlete will forfeit their privilege of participating in intercollegiate athletics at MSU; 2) the student-athlete shall be permanently suspended from participation; 3) and their related financial aid shall be revoked. Prior to implementation of the treatment/penalties/suspension, or as soon thereafter as is practical, the student-athlete will have the opportunity to appeal the matter with the Drug Testing Appeals and Reinstatement Committee and present evidence contesting the accuracy of the test or any mitigating circumstances which they feel are important. (See Right to Appeal section of this policy for further details.) Third positive test Upon confirmation of a third positive test the athlete will be suspended from all competition, practice, and training for one year. In addition, athletic financial aid will be revoked for the same period. The student-athlete s parents, guardian, or spouse will be notified by the Director of Athletics or designee, concerning said suspension via a conference call which shall include the student-athlete and the head coach. Student-athletes who test positive a third time will be referred to an appropriate off-campus chemical dependency treatment facility at their own expense. The student-athlete will schedule 11

12 and arrange an appointment with an alcohol/drug counselor from the off-campus chemical dependency treatment facility for the purposes of evaluation, education, and if necessary, treatment or counseling. To retain their opportunity to participate, the student-athlete must consent to provide a summary of any findings and recommendations relative to their case to the Director of Athletics or designee (see Appendix A-Student-Athlete Consent Form). The evaluation will include a diagnosis using standard diagnostic instruments, history, and, if necessary, physical examination. Information from other sources will be solicited for the purposes of the evaluation. These sources include, but are not limited to, coaches, academic counselors, athletic training staff, residence hall personnel, other student-athletes and members of the athletic department staff. Such information shall be used for the purposes of obtaining the clearest view possible of the student-athlete s clinical picture. Upon completion of the assessment, a diagnosis will be formulated which will characterize the student-athlete in one of the five general categories with respect to alcohol/drug use. These categories include: experimental use, social use, chemical abuse, chemical dependency and an indeterminate category. In the case of the chemical abuse and dependency categories, diagnosis shall be made in accordance with the Diagnostic and Statistical Manual (current edition) or the criteria of the National Council on Alcoholism. In some cases, disposition may include simple education and limit setting techniques. In the case of chemical dependency, structured treatment will be a prerequisite to the student-athlete s continued participation in the intercollegiate athletics program. When problems other than chemical use/abuse are uncovered, the chemical dependency Counselor from the off-campus counseling center or treatment facility may refer the student-athlete to other appropriate resources which will be at the expense of the student-athlete. Student-athletes who receive treatment for chemical dependency may be required to attend weekly meetings of an appropriate self-help group such as Alcoholics Anonymous, Narcotics Anonymous, etc. In addition, the student-athlete will be responsible for carrying out the discharge plans of the off-campus chemical dependency treatment facility. Student-athletes will sign appropriate authorization forms to ensure that results of the treatment, treatment plans, etc., are available to the Director of Athletics or designee. Failure to comply with athletic department drug policy or treatment program recommendations will result in immediate suspension from all competition, practice, and training until said compliance is achieved. A third positive test may also result in the suspension of the student-athlete from related financial aid and does not preclude a coach from enforcing a team policy or team rule that may provide for or include other more sever penalties. The student-athlete will also be subject to periodic re-tests on any given date. These tests will be done under the supervision of the institution s designated agency. Refusal or failure of the student-athlete to do any or all of the following will result in immediate suspension from the team until such time as the student-athlete shall cooperate with counseling and evaluation measures: 1) arrange an appointment with a chemical dependency Counselor at the appropriate off-campus chemical dependency treatment facility; 2) complete all recommendations as assigned by the chemical dependency Counselor; 3) attend all meetings as assigned by the chemical dependency Counselor to the appropriate self-help group such as 12

13 Alcoholics Anonymous, Cocaine Anonymous, etc., 4) participate in conference call with the Director of Athletics or designee and the head coach made to parents, guardian, or spouse informing them of a third positive test; 5) and complete all discharge plans as set forth by the off-campus chemical dependency treatment facility. Following a third positive test, if the student-athlete elects not to participate in any or all of the above sanctions or procedures noted above the student-athlete must then provide the Director of Athletics or designee with a written notice of their intentions to not follow through on any of their sanctions, procedures and/or recommendations. As a result: 1) the student-athlete will forfeit their privilege of participating in intercollegiate athletics at MSU; 2) the student-athlete shall be permanently suspended from participation; 3) and their related financial aid shall be revoked. Prior to the implementation of the suspension, or as soon thereafter as is practical, the studentathlete will have the opportunity to appeal the matter with the Drug Testing Appeals and Reinstatement Committee and present evidence contesting the accuracy of the test or any mitigating circumstances which they feel are important After appropriate treatment and aftercare (including regular attendance at A.A., C.A., etc.), and at the end of the suspension, the student-athlete shall be eligible to apply for reinstatement to the athletic program. Reinstatement will not be considered automatic. Participation in and cooperation with treatment goals, maintenance of sobriety, academic performance, and social functioning shall be requirements for reinstatement. As part of this process, the student-athlete will have an opportunity to present a case for reinstatement, which should demonstrate their compliance with the criteria noted above. (See Request for Reinstatement section of this policy for further details.) Fourth Positive Test Upon confirmation of a fourth positive test the student-athlete will be permanently dismissed from participation in intercollegiate athletics at Minnesota State University and any financial aid received from intercollegiate athletics will be permanently revoked. In addition, the student-athlete s parents, guardian, or spouse will be notified by the Director of Athletics or designee concerning the dismissal and revocation of financial aid. Refusal of treatment/counseling Refusal of the student-athlete to meaningfully participate and cooperate in the evaluation and prescribed counseling programs will result in immediate suspension from the team, immediate revocation of current financial aid and ineligibility to receive athletic financial aid in subsequent year(s) of participation. Reinstatement may involve establishing a behavioral contract with the Director of Athletics or designee, and/or head coach, which will specifically outline their expectations for appropriate student-athlete behavior and conduct as it relates to drug and alcohol use. Relapse Minnesota State University recognizes that chemical dependence (as opposed to chemical use or abuse) is a chronic disease requiring abstinence from all mood-altering chemicals (including alcohol) and is associated with the possibility of relapse. Any student-athlete diagnosed with the disease of 13

14 chemical dependency, and who has fully cooperated with appropriate treatment, and who subsequently sustains a relapse appropriately documented by a medical professional, will not be treated as a subsequent positive test if the student-athlete reacquires sobriety, cooperates with relapse treatment recommendations, or if necessary, reenters treatment and aftercare. If a second relapse occurs, the student-athlete will be subject to the consequences of a positive test as prescribed within these policies. Right to Appeal Student-athletes who test positive for a banned substance may contest the finding within 48 hours following receipt of notice of the positive finding. Upon the student-athlete s request for confirmation of the positive finding, the Director of Athletics or their designee will request the laboratory to perform confirmation testing on the student-athlete s specimen B, if applicable. The student-athlete may choose to be present at the opening of specimen B at the laboratory. If the student-athlete does not wish to be present at the opening of specimen B, but desires to be represented, arrangements will be made for a surrogate to attend the opening of specimen B. The surrogate will not be involved with any other aspect of the analysis of the specimen. The student-athlete or his/her surrogate will attest to the sample number and the integrity of the security seal prior to the laboratory opening of specimen B. Specimen B findings will be final. If specimen B results are negative, the drug test will be considered negative. Student-athletes who test positive under the terms of the Minnesota State University Department of Intercollegiate Athletics Student-Athlete Drug & Alcohol Education and Testing Program will be entitled to a hearing. Requests for such a hearing must be made within 48 hours of notification of a positive B sample test result. If the 48-hour time period would end on a weekend, the request must be made by noon on the next business day. Requests must be in writing and received by the Director of Athletics or their designee. The Director of Athletics or designee will forward the request for a hearing to the Drug Testing Appeals and Reinstatement Committee. The Drug Testing Appeals and Reinstatement Committee is comprised but not limited to the following individuals: (a) Director of Athletics (b) Director of Athletics Designee (c) Head Athletic Trainer. (d) Faculty Athletic Representative. (e) Team physician. (f) Sport administrator appointed by the Director of Athletics. The student-athlete may have an advocate or other representative(s) present if the student so desires. However, the student-athlete must present their own case. The hearing should take place no more than 48 hours after the written request is received. Either the student-athlete or the other parties involved may request an extension of time to the Director of Athletics or designee, who will consider whether to grant the extension upon a showing of good cause. These proceedings shall include an opportunity for the student-athlete to present evidence, to question adverse testimony, as well as to review the results of the drug test. The proceedings shall be confidential. The decision by the drug testing Appeals and Reinstatement Committee regarding the sanction to be imposed shall be final. The Director of Athletics shall inform the student-athlete of the committee s decision in writing. 14

15 Request for Reinstatement At the end of any one-year period of suspension (following a third positive test) and after satisfactory completion of an appropriate treatment and aftercare program, the student-athlete may apply for reinstatement to the intercollegiate athletic department. Reinstatement shall not be considered automatic and will be addressed on a case-by-case basis. The request for reinstatement shall be filed with the Director of Athletics or designee. The request shall be made in writing and should state the grounds on which the student-athlete believes they should be reinstated. The Director of Athletics or designee will forward the request for reinstatement to the Appeals and Reinstatement Committee. The committee shall review the request for reinstatement and make a determination within ten days of receiving the request. The decision of the Appeals and Reinstatement Committee shall be final. 15

16 Appendix A Minnesota State Mankato Department of Intercollegiate Athletics Drug and Alcohol Education and Testing Program Student-Athlete Consent Form As a condition to my participation in intercollegiate athletics at Minnesota State Mankato, I hereby consent to participate in the Minnesota State Mankato Drug and Alcohol Education and Testing Program. I understand that my participation in this program includes the collection and testing of my urine at various times during the academic year for drugs, alcohol, and/or other banned substances. I understand that the University policy governing this process can be accessed at the following web address: and that upon request to the Director of Intercollegiate Athletics a complete copy of the program, along with all referenced forms and procedures will be made available for my review. This program will also be discussed during an allstudent-athlete assembly at a date yet to be determined. I acknowledge that it is my responsibility to understand the policies and procedures described in these programs, and if I do not understand to seek assistance from the Director of Intercollegiate Athletics or his designee. I further consent to the release of the results of any drug test to the Director of Athletics or their designee, my head coach, the head athletic trainer and/or assistant athletic trainers, team physician, Appeals & Reinstatement Committee and/or my parent(s), guardian(s), or spouse. I acknowledge and understand that a copy of this consent form may be sent to my parent(s), guardian(s), or spouse along with a copy of the Drug/Alcohol Education & Testing Program. To the extent set forth in this document, I waive any privilege I may have in connection with such information. I fully understand that the Minnesota State Mankato Drug and Alcohol Education and Testing Program is separate and distinct from the NCAA drug-testing program and its sanctions, however, I also understand that sanctions may be imposed by Minnesota State Mankato under its Drug and Alcohol Education and Testing Program upon a positive result under the NCAA drug-testing program. Notwithstanding anything to the contrary in the policy, I fully understand that I may be suspended from competition and/or practice if credible evidence suggests that such competition and/or practice poses a health and safety risk to me, my teammates, and/or my competitors. Minnesota State Mankato, the State of Minnesota, the Board of Trustees, Minnesota State Colleges and Universities and its officers, employees, and agents are hereby released from legal responsibility and/or liability for the release of any information and/or record as authorized by this consent form. I fully and forever release and discharge the aforementioned parties from any claims, demands, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from my participation in the Minnesota State Mankato Drug and Alcohol Education and Testing Program including those claims, demands, rights of action, or causes of action arising out of any positive result under such a Drug and Alcohol Education and Testing Program. Student-Athlete Signature Date Printed Name of Student-Athlete Date of Birth Tech ID Number Sport(s) Parent/Guardian Signature (if a minor) Date 16

17 Appendix B Minnesota State University DEPARTMENT OF INTERCOLLEGIATE ATHLETICS DRUG TESTING REASONABLE SUSPICION REPORTING FORM I,, under the reasonable suspicion clause outlined in the MSU Athletic Dept. Staff Member Minnesota State Drug and Alcohol Education & Testing Policy, report the following objective sign(s), symptom(s) or behavior(s) that I reasonably believe warrant be referred to the Director of Athletics or his/her designee Name of Student-Athlete for possible drug testing. The following sign(s), symptom(s) or behavior(s) were observed by me over the past hours and/or days. Please check below all that apply: The student-athlete has demonstrated the following behaviors that have created reasonable suspicion: irritability loss of temper poor motivation failure to follow directions verbal outburst (e.g. to faculty, staff, teammates) physical outburst (e.g. throwing equipment) emotional outburst (e.g. crying) weight gain weight loss sloppy hygiene and/or appearance The student-athlete has undertaken the following actions that have created reasonable suspicion: late for practice late for class not attending class receiving poor grades staying up too late missing appointments missing/skipping meals 17

18 The student-athlete has demonstrated the following signs that have created reasonable suspicion: dilated pupils constricted pupils red eyes smell of alcohol on the breath smell of marijuana staggering or difficulty walking constantly running and/or red nose recurrent bouts with a cold or the flu (give dates ) over stimulated or hyper excessive talking withdrawn and/or less communicative periods of memory loss slurred speech recurrent motor vehicle accidents and/or violations (give dates ) recurrent violations of the Minnesota State University Statement of Student Rights & Responsibilities Other specific objective findings include: Signatures Print Name of Athletic Dept. Staff Signature of Athletic Dept. Staff Date Reviewed By: Director of Athletics/Designee Date Minnesota State University Counselor Consulted: Name of Counselor Consulted Date Consulted Reasonable suspicion finding upheld Reasonable suspicion finding denied 18

19 Student-Athlete: Appendix C Minnesota State University Drug & Alcohol Education and Testing Program Student-Athlete Notification Form Tech ID No: (optional) Sport(s): Date of notification: Time of notification: a.m. /p.m. I,, the undersigned: (NAME) acknowledge being appropriately contacted to appear for institutional drug testing and have been notified to report to the drug testing station at: on on or before a.m./p.m. (location) (date) (time) I will be prepared to provide an adequate urine specimen and will not over hydrate. I understand that providing numerous diluted specimens may be cause for follow-up drug testing. I will be prepared to provide adequate saliva sample if necessary and will not eat or drink at least 10 minutes prior to providing a saliva sample. I will be prepared to provide an adequate hair sample if necessary. I understand that I may have a witness accompany me to the drug and alcohol-testing site. I understand that a failure to appear at the site on or before the designated time will constitute a violation of the Minnesota State University Drug & Alcohol Education and Testing Program and will result in a penalty as prescribed in this handbook. By signing below, I acknowledge being notified of my participation in institutional drug and alcohol testing, and I am aware of what is required of me in preparation for this drug and alcohol-testing event. Student-Athlete s Signature: I can be reached at the following telephone number on test day: Date: Institutional Representative retain top portion of completed forms For Student-Athlete Minnesota State University Drug & Alcohol Education and Testing Program Student-Athlete: Location of test: Date of test: Time to report: Report to the test site with photo identification. DO NOT DRINK TOO MANY FLUIDS. 19

20 Appendix D Urine Specimen Collection Procedures 1. Upon entering the collection station, the student-athlete will provide photo identification and/or a client representative/site coordinator will identify the student-athlete and the studentathlete will be officially signed into the station. 2. The student-athlete will select a sealed collection beaker from a supply of such and will record his/her initials on the collection beaker s lid or attach a unique bar code to the beaker. 3. The student-athlete will be required to wash their hands with water only. No soap is to be used. 4. A collector, serving as validator, will monitor the furnishing of the specimen by observation in order to assure the integrity of the specimen until a volume of approximately 85 ml is provided (volume may vary and is dependent upon client protocol and drugs being tested). 5. Only members of the drug-testing crew should serve as validators. Validators who are of the same gender as the student-athlete must observe the voiding process. The procedure does not allow for validators to stand outside the immediate area or outside the restroom. The studentathlete must urinate in full view of the validator (validator must observe flow of urine). The validator must request the student-athlete raise his/her shirt high enough to observe the midsection area completely to rule out any attempt to manipulate or substitute a sample. 6. Validators and other collectors must never handle the student-athlete s beaker or specimen until after the specimen is enclosed in the appropriate vials. 7. Student-athletes may not carry any item other than their beaker into the restroom when providing a specimen. Any problem or concern should be brought to the attention of the crew chief for documentation. 8. Once a specimen is provided, the student-athlete is responsible for keeping the collection beaker closed and controlled. 9. Fluids and food given to student-athletes who have difficulty voiding must be from sealed containers (approved by the collector) that are opened and consumed in the station. These items must be caffeine- and alcohol-free and free of any other banned substances. 10. If the specimen is incomplete, the student-athlete must remain in the collection station until the sample is completed. During this period, the student-athlete is responsible for keeping the collection beaker closed and controlled. 11. If the specimen is incomplete and the student-athlete must leave the collection station for a reason approved by the collector, the specimen must be discarded. 12. Upon return to the collection station, the student-athlete will begin the collection procedure again. 13. Once an adequate volume of the specimen is provided, the collector who monitored the furnishing of the specimen by observation will sign that the specimen was directly validated and a collector will check the specific gravity and if in range measure the ph of the urine in the presence of the student athlete. 20

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