DEPARTMENT OF ATHLETICS OFFICE OF SPORTS MEDICINE ALCOHOL, TOBACCO AND DRUG EDUCATION HANDBOOK

Transcription

1 DEPARTMENT OF ATHLETICS OFFICE OF SPORTS MEDICINE ALCOHOL, TOBACCO AND DRUG EDUCATION HANDBOOK

2 TABLE OF CONTENTS Overview and Purpose... 3 Alcohol, Tobacco and Other Drug Education... 4 Consent to Participate... 4 Alcohol Policy... 5 Tobacco Policy... 6 Prescriptions and Dietary Supplements... 7 Other Prohibited Drugs/Substances... 8 Methods of Selection for Drug Testing... 9 Positive Drug Test Sanction Performance Enhancing Positive Drug Test Sanction Street Drugs Confirmation Testing Right to Appeal Clean Year and Follow-up Testing Financial Responsibilities and Safe Harbor Program Appendix A through E Page 2 of 27

3 ALCOHOL, TOBACCO AND DRUG EDUCATION POLICY Overview Substance abuse is one of the most important issues facing athletics and society today. The use of illegal drugs, misuse of legal drugs and supplements, use of performance-enhancing substances, misuse of alcohol and inappropriate use of tobacco are completely inconsistent with the standards expected of student-athletes at (MVSU). The athletic administration and the coaching staff at MVSU are committed to assisting any studentathlete who may have an alcohol or substance abuse problem. As a result, the Department of Athletics chooses to take a strong and proactive stand against student-athlete use and/or involvement with alcohol, tobacco, performance enhancing substances including dietary supplements and illicit drugs. Knowing the seriousness of substance abuse and how detrimental it is to an individual s physical and mental well-being, our first priority is for the studentathlete s health, safety and welfare. Our goal at MVSU is to provide all student-athletes a positive, healthy and successful environment. Every member of the athletic community is responsible for knowing the risks associated with substance use and abuse. Medically and socially, the risks can seriously interfere with an individual s performance both as a student and as an athlete, and can endanger the well-being of their teammates. Therefore, student-athletes, coaches, and staff are obligated to know the relevant university policies, federal, state, and local laws and are obligated to conduct themselves in accordance with these policies and laws. The National Collegiate Athletic Association (NCAA) has also recognized this issue and requires that all athletes under its jurisdiction be placed under its drug testing policies and program. The NCAA has established a year round drug testing program that includes on-campus testing as well as testing at all NCAA Championship events. To ensure both the well-being of our student-athletes and compliance with NCAA drug use regulations, MVSU has established a year-round, comprehensive drug education and screening program. This program is designed to provide student-athletes with a means of obtaining support, assistance, and direction in dealing with drug and alcohol abuse. Purpose The intent of these policies is to prevent substance use and abuse by student-athletes through education, testing, and professional guidance. The drug testing and education program operates under the following guidelines: 1. Education: Education will be provided to student-athletes to ensure awareness of the physiological, psychological, and legal ramifications of drug abuse as well as provide accurate information about the problems associated with substance use in sport promoting health and safety in sport. Education will also be provided to coaches and Page 3 of 27

4 staff members who are in a position to identify drug abuse in student-athletes. 2. Prevention: The drug-screening program has been developed with the intent of preventing student-athletes from drug experimentation, possible drug abuse, and chemical dependency. Testing is a necessary and effective drug use prevention tool to encourage student-athlete success on and off the field. Analyzing urine or saliva specimens to detect prohibited substances student-athletes may introduce to their bodies and punitive consequences resulting from use. 3. Rehabilitation: The Department of Athletics will assist student-athletes who want or need rehabilitation programs through referral to the appropriate providers for counseling and treatment. This handbook has been approved by MVSU and the Department of Athletics reserves the right to amend policies from time to time as needed. Furthermore, this handbook is not to be construed as a contract between MVSU and the student-athlete. Alcohol, Tobacco and Drug Education Program Participants who are educated about substance use in sport are more likely to make informed and intelligent decisions about usage. Therefore, MVSU will conduct a drug education program at least twice a year. These programs will be designed to review individual team, Department of Athletics, University, Conference and NCAA alcohol, tobacco and drug education policies. Appropriate educational materials, including MVSU Department of Athletics Drug Education and Testing Policy as well as the list of banned drug classes, will be made available to all participants. All student-athletes and athletics staff members will be required to attend the educational sessions. Make-up sessions are available for participants who must miss a scheduled educational session for an approved reason. Sessions will include a review of NCAA alcohol, tobacco and drug policies including the tobacco ban, list of banned drug classes and testing protocol and an opportunity to view the NCAA drug-education and drug-testing video. Dietary supplements and their nutritional weaknesses and associated health risks will be discussed. Time will be allowed for questions from participants. Educational programs may be specially arranged to provide participants the opportunity to learn more about specific dangers of substance use and abuse. Consent to Participate As a condition of participating in intercollegiate athletics at MVSU, each student-athlete shall sign a MVSU drug-testing consent form agreeing to undergo drug testing and authorizing the release of test results in accordance with the policy (Appendix A). Failure to consent to or to comply with the requirements of this policy may result in suspension from practice and/or competition, or termination of eligibility to participate in intercollegiate athletics at MVSU. Each student-athlete will be provided with a copy of this policy and will be required to participate in an informative session describing the alcohol, tobacco and other drug education and drug-testing policies. Additionally, student-athletes will be given an opportunity to ask any Page 4 of 27

5 questions regarding the information contained in the policy, the testing program, or other related issues prior to signing the MVSU drug-testing consent form. Alcohol Policy MVSU does not condone the illegal or otherwise irresponsible use of alcohol. It is the responsibility of every member of the university community to know the risks associated with alcohol use and abuse. This responsibility obligates student-athletes to know relevant University policies, federal, state and local laws and to conduct themselves in accordance with these laws and policies. It shall be understood that possession or consumption of alcoholic beverages by individuals under the age of 21 is a violation of the State of Mississippi liquor laws. Likewise, it is illegal for anyone to supply alcoholic beverages to persons under the age of 21. MVSU recognizes that student-athletes who are cited for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) place themselves in danger and put the community at risk. MVSU will take a proactive approach in discipline as well as seeking the proper medical and other professional assistance for these student-athletes. Any coach or athletics personnel that are alerted to the arrest of a student-athlete for DUI or DWI are required to immediately alert the Director of Athletics. Violations of MVSU alcohol policy will result in sanctions as established by MVSU s Code of Student Conduct and as outlined by each specific sport s team policy. First Offense 1. Student-athlete is required to call and inform parent/guardian that he/she has been arrested for DUI or DWI in the presence of the member of the senior athletics staff. 2. Student-athlete will be required to attend session(s) with a counselor selected by the MVSU s Director of Sports Medicine. 3. Under the guidance of the team physician or MVSU Director of Sports Medicine, the student-athlete may be withheld from practice or competition if medically necessary. 4. Student-athlete will participate in an appropriate community service project. Hours will be monitored by and reported to the Sr. Associate Athletics Director for Compliance & Student Affairs. 5. As determined by the Director of Athletics, disciplinary actions will include up to 10% of removal from competition during championship season. Second Offense 1. Student-athlete is required to call and inform parent/guardian that he/she has been arrested for DUI or DWI in the presence of the MVSU s Director of Sports Medicine. 2. Student-athlete will be required to attend session(s) with a counselor selected by MVSU s Director of Sports Medicine. 3. As determined by the Director of Athletics, disciplinary actions will include 10% or more of removal from competition during championship season. 4. The Director of Athletics will consult with MVSU Director of Sports Medicine, the head Page 5 of 27

6 coach of the student-athlete, the student-athlete and any other appropriate staff. The history of the student-athlete regarding academics, attitude, history of substance abuse and other factors will determine the appropriate penalty. Additional penalties for a second offense will be determined by the head coach and may include: Tobacco Policy I. Participation in an appropriate community service project. Hours will be reported to and monitored by the Sr. Associate Athletics Director for Compliance & Student Affairs. II. Additional suspension from competition as determined by the Director of Athletics. III. Revocation of scholarship at the end of the current semester. The NCAA, pursuant to NCAA Bylaws and , prohibits the use of tobacco products, including spit tobacco, by all game personnel (e.g., student-athletes, coaches, athletic trainers, managers and game officials) in all sports during practice and competition. MVSU will uphold and enforce this policy. Game officials for every sport will uphold and enforce this policy as established by their respective sport committees. A student-athlete who violates this tobacco policy will be sanctioned as outlined by the NCAA guidelines and MVSU s Alcohol, Tobacco and Drug Education Handbook. First Offense 1. MVSU s Director of Sports Medicine will schedule a confidential meeting with the student-athlete. 2. The student-athlete will receive in writing the violation and sanction. 3. The student-athlete will be required to read tobacco use pamphlets and advised that smoking and smokeless tobacco can jeopardize their athletic scholarship and eligibility, as well as their health and athletic performance. 4. A referral to the Student Health Center will be offered for a tobacco cessation consultation. Second Offense 1. MVSU s Director of Sports Medicine will schedule a confidential meeting with the student-athlete. 2. The student-athlete will receive notice of the violation and sanction in writing. 3. The student-athlete will be required to read tobacco use pamphlets and view a tobacco awareness video. The student-athlete will be advised on the dangers of tobacco and that smoking and smokeless tobacco can jeopardize their athletic scholarship, eligibility, as well as their health and athletic performance. 4. A referral to the Student Health Center will be offered for a tobacco cessation consultation. Page 6 of 27

7 Third Offense 1. MVSU s Director of Sports Medicine will schedule a confidential meeting with the student-athlete and an assistant coach and/or head coach from the appropriate sport. 2. The student-athlete will receive notice of the violation and sanction in writing. 3. The student-athlete will be advised on the dangers of tobacco and that smoking and smokeless tobacco can jeopardize their athletic scholarship and eligibility, as well as their health and athletic performance. 4. The student-athlete will be required to attend a tobacco cessation consultation with verification of tobacco cessation program enrollment provided by MVSU s Director of Sports Medicine. Prescription Medications MVSU recognizes that some NCAA banned substances are used for legitimate medical purposes, including medicines for ADHD and for pain-control. The Department of Athletics allows exceptions to be made for student-athletes with a documented medical history demonstrating a need for regular use of such a substance. If you use any over-the-counter or prescription medicines that were not given to you by MVSU s Director of Sports Medicine staff, you need to notify MVSU s Director of Sports Medicine immediately. MVSU should 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. In the event a student-athlete tests positive, the Director of Sports Medicine in consultation with the team medical doctor will review the student-athlete s medical record to determine whether a medical exception should be granted. If you have a positive drug test for one of these substances, you will be required to show a current, valid prescription in your name for the medicine. If you cannot provide proof, the above sanctions may apply. Any athlete suspected of prescription drug abuse, even if the medication is not a banned substance, will submit to a drug/alcohol screen and/or be referred for evaluation by a certified mental health professional. Dietary Supplements The use of supplements has become widespread among athletes, and student-athletes have tested positive and lost their eligibility from using these products. Any supplement product or medication, even those that do not seem to be targeted to athletic performance, needs to be reviewed with the MVSU Sports Medicine staff. The NCAA mandates that each athletic department designate a staff member as a resource for questions about dietary supplements and NCAA banned drugs. All inquiries should be directed to the Director of Sports Medicine. Page 7 of 27

8 MVSU Department of Athletics personnel are precluded from distributing or encouraging the use of any dietary supplements or ergogenic aids. Many dietary supplements and ergogenic aids contain banned substances. Oftentimes 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 from banned substances or are safe to take. Even if a product is not known to contain a banned substance, any product containing a dietary supplement ingredient is taken at your own risk. Dietary supplements may not only be detrimental to your health but also may cause a positive drug test. For example, weight loss products or products sold to reduce water retention may contain stimulants and diuretics that are banned by the NCAA. Products sold for sexual performance enhancement may contain banned anabolic agents, including testosterone and DHEA. Ignorance is no excuse for a positive drug test. Student-athletes who are currently taking dietary supplements, vitamins or minerals, or intend to take any are required to review the product with MVSU s Director of Sports Medicine. By signing MVSU s Alcohol, Tobacco and Drug Education & Testing Program Consent Form, the student-athlete: 1. Acknowledges that he/she understands that they are to disclose all dietary supplements used to MVSU s Director of Sports Medicine; 2. Acknowledges the aforementioned policies and statements, and fully accepts the detrimental and possibly permanent defects caused by the use of dietary supplements; 3. Fully accepts that they have been made aware of the MVSU and the NCAA policies with regard to the use of dietary supplements; 4. Accepts any and all liability if they have in the past used, continue to use, and/or use at any time in the future, dietary supplements in any form; and releases MVSU, its agents, and all personnel of any and all responsibility and liability related to such use. Student-athletes, coaches, and athletics staff are encouraged to contact Drug Free Sport s Dietary Supplement Resource Exchange Center with any and all questions in regard to dietary supplements and banned substances: Website: Password: ncaa1 Other Prohibited Drugs/Substances As a part of the MVSU S drug education program, the following list of NCAA banned drug classifications is provided to each student-athlete Appendix B. Some prescription & nonprescription drugs may contain these substances. If uncertain, consult the institution s drug testing director prior to taking any prescription/ non-prescription drug. The NCAA list of banned-drug classes is subject to change by the NCAA Executive Committee. Contact NCAA education services or for the current list. The term related compounds comprises substances that are included in the class by their pharmacological action and/or chemical structure. No substance belonging to the prohibited Page 8 of 27

9 class may be used, regardless of whether it is specifically listed as an example. Many nutritional/dietary supplements contain NCAA banned substances. In addition, the U.S. Food and Drug Administration (FDA) does not strictly regulate the supplement industry; therefore purity and safety of nutritional dietary supplements cannot be guaranteed. Impure supplements may lead to a positive NCAA drug test. The use of supplements is at the student-athlete s own risk. Student-athletes should contact their institution s team physician or athletic trainer for further information. MVSU requires that all student-athletes keep the athletic training staff and/or team physician aware of all prescribed drugs, over-the-counter medications and/or dietary supplements that he or she may be taking. Student-athletes also are encouraged to contact The National Center for Drug Free Sport (Drug Free Sport) with questions or concerns regarding banned substances, including dietary supplements. Drug Free Sport s web site is Methods of Selection for Drug Testing Unannounced Random Testing All enrolled student-athletes who have signed the MVSU drug-testing consent form and are listed on the NCAA or institutional MVSU squad list are subject to unannounced year-round random testing. Enrolled students listed on the NCAA or institutional squad list that have exhausted their eligibility or who have career-ending injuries will not be selected. Student-athletes will be selected for testing from the NCAA or institutional squad list by using a computerized random number program. Reasonable Suspicion Testing A student-athlete may be subject to testing at any time when MVSU Department of Athletics Sports Medicine Office determines there is a reasonable belief to suspect the participant is using or has used a prohibited substance. Such reasonable suspicion may be based on information presented to the Director of Athletics or his/her designee by athletic staff, team physician, campus administrator or faculty member. The Director of Athletics will present such information to the Director of Sports Medicine and team physician for a determination. These individuals are required to complete the MVSU Department of Athletics Drug Testing Reasonable Suspicion Reporting Form (Appendix C). Reasonable suspicion may be considered, but not limited to: 1. observed possession or use of substances appearing to be prohibited drugs, 2. arrested or conviction for a criminal offense related to the possession or transfer of prohibited drugs - not necessarily for profit, or 3. observed abnormal appearance, conduct or behavior that may cause someone to suspect the use or abuse of a banned substance. Page 9 of 27

10 Examples of such abnormal appearance, conduct or behavior may include, but are not limited to the following: significant decline in academic or athletic performance, missing class, falling asleep in class, significant weight gain or loss, increased injury rate or illness, lethargy, agitation or nervousness, short temper, acts of violence, loss of friendships or illegal involvement. The Director of Sports Medicine and team physician will make a determination within 48 hours of receiving the objective information from the individual(s) mentioned above at which time the Director of Athletics or his or her designee will meet with the student and will provide the participant with the Drug Testing Notification Form (Appendix D). Once notified, the participant must stay with a member of their coaching staff, the athletics administration staff, or the sports medicine staff, until an adequate specimen is produced. Postseason/Championship Screening MVSU may drug test any student-athlete or team likely to qualify for postseason championship competition thirty (30) days prior to participation in championship activities. If a student-athlete tests positive he/she will not be allowed to participate in the postseason event until he or she subsequently has produced a negative drug test administered by MVSU prior to departure for the event and receives permission to participate from the Director of Athletics or his/her designee. Notification and Reporting for Collections Student-athletes will be notified of and scheduled for drug testing by the Director of Athletics or his/her designee. Notification shall be in-person or by direct telephone communication (e.g. no , no voice mail, no text messages). The Director of Athletics or his/her designee will notify the student-athlete of the date, time and location to report to the collection station. At the time of notification, the Director of Athletics or his/her designee will have the student-athlete read and sign the MVSU Student-Athlete Notification Form. The Director of Athletics or his/her designee shall be in the collection station to certify the identity of the student-athletes selected for drug testing and will be responsible for security of the collection station. Student-athletes shall provide picture identification when entering the drugtesting station. The Director of Athletics or his/her designee must remain in the collection station until all student-athletes complete the collection process. Specimen Collection Procedures (Appendix E) Reporting of Results All student-athlete information and records associated with MVSU drug education and drugtesting program will be confidential and results will be released only to those individuals with a legitimate need to know, as determined by the Director of Athletics and/or Director of Sports Medicine. Urine samples will be collected and sent to an independent certified laboratory for analysis. A split-sample collection method will be utilized, dividing the provided urine specimen into two Page 10 of 27

11 vials: the A bottle and B bottle. Each A bottle sample will be tested to determine if banned substances are present. If an initial screening and further confirmation of the A bottle indicates a banned substance is present, a positive test will be reported. Under this policy, an A bottle positive represents an official positive result. The B bottle may be tested separately at the request of the student-athlete as part of the appeals process (See: Right to Appeal below). If the laboratory reports a specimen as manipulated, substituted or adulterated, the student-athlete will be deemed to have a positive drug test result. All verified positive test results, as well as all reports of specimen manipulation, adulteration or substitution, shall be reported to the Director of Athletics or his/her designee, Senior Woman Administrator, Senior Associate Athletics Director for Compliance, Director of Sports Medicine, and the student-athlete s head coach. The Director of Athletics will notify the student-athlete of the findings. Positive Drug Test Sanctions Refusal to sign MVSU s drug testing consent form prohibits a student-athlete from participating in any intercollegiate sport at MVSU. Refusal to participate in drug testing after being notified of selection for such will be treated in the same fashion as a positive drug test result under the terms of this policy. All drug test results are accumulated during the entire time that an individual is a student-athlete at MVSU. Any student-athlete who tests positive for a banned substance as described in this policy shall be subject to the following sanctions: Performance Enhancing Substances First Offense 1. The student-athlete shall be suspended immediately from competition for a minimum of 50% of regularly scheduled contests, conference and postseason contests in all sports. If the student-athlete competes in multiple sports, the 25% penalty will apply separately for each sport. In addition, a student-athlete testing positive will also be precluded from participating in all non-traditional competitions including, but not limited to, foreign tours, special team trips, scrimmages and exhibition events. Being prohibited from participating in non-traditional competitions does not count toward serving a 50% sanction from regularly scheduled contests, conference and postseason contests. The Director of Athletics or his/her designee may impose a longer suspension on a case-bycase basis. If the suspension imposed may not be completed during the current academic year, the suspension will rollover to the following academic year. 2. Student-athlete is required to call and inform their parent/guardian that he/she has tested positive for drug use in the presence of the MVSU s Director of Sports Medicine. A letter will also be sent to the parents or guardian indicating this offense. 3. Student-athlete will be required to attend session(s) with a counselor selected by the MVSU. Page 11 of 27

12 4. Student-athlete will be required to submit to a follow up test 30 days from the most recent positive test. The re-test must be negative or show no evidence of increased drug use or it will be considered as the second offense. All positive drug tests will have a follow-up drug test. 5. Under the guidance of the medical director, the student-athlete may be withheld from practice or competition if medically indicated. 6. Student-athlete will participate in 10 hours of community service. Hours will be monitored by and reported to the Senior Associate Athletics Director for Compliance & Student Affairs. 7. Director of Athletics and Head Coach reserve the right to administer other forms of discipline. Second Offense If a student-athlete tests positive a second time, it is apparent that the student-athlete has a significant problem or has made conscious value judgments as to his/her behavior and this shall be treated as serious. 1. If a student-athlete tests positive a second time, he or she shall be suspended immediately from competition for a minimum of 12 months. The minimum 12-month suspension shall include all regularly scheduled competitions including non-traditional season competitions, foreign tours, special team trips and conference and postseason championship competition in all sports in which the student-athlete participates. The Director of Athletics or his/her designee may impose a longer suspension on a case-bycase basis. If the suspension imposed may not be completed during the current academic year, the suspension will rollover to the following academic year. 2. The team physician may withhold the student-athlete from play or practice for a longer period of time if medically indicated. 3. Student-athlete is required to call and inform parent/guardian that he/she has tested positive for drug use in the presence of MVSU s Director of Sports Medicine. A letter will also be sent to the parents or guardian. 4. Student-athlete will be required to attend session(s) with a counselor selected by the MVSU. 5. Student-athlete will be required to submit to a follow up test 30 days from the most recent positive test. The re-test must be negative or show no evidence of increased drug use or it will be considered as the third offense. All positive drug tests will have a follow-up drug test. 6. The Director of Athletics will consult with the Director of Sports Medicine, the head coach of the student-athlete, the student-athlete and any other appropriate staff. The history of the student-athlete regarding academics, attitude, type of substance used, time between positive tests and other factors will determine additional penalties. The penalties for a second offense may include: I. Participation in 20 hours of community service. Hours will be reported to and monitored by the Sr. Associate Athletic Director for Compliance & Student Affairs Page 12 of 27

13 II. III. Additional suspension from competition and team activities as determined by the Director of Athletics. Revocation of scholarship at the end of the existing semester. Street Drugs and Other Illicit Substances First Offense 1. The student-athlete shall be suspended immediately from competition for a minimum of 50% of regularly scheduled contests, conference and postseason contests in all sports. If the student-athlete competes in multiple sports, the 50% penalty will apply separately for each sport. In addition, a student-athlete testing positive will also be precluded from participating in all non-traditional competitions including, but not limited to, foreign tours, special team trips, scrimmages and exhibition events. Being prohibited from participating in non-traditional competitions does not count toward serving a 50% sanction from regularly scheduled contests, conference and postseason contests. The Director of Athletics or his/her designee may impose a longer suspension on a case-bycase basis. If the suspension imposed may not be completed during the current academic year, the suspension will rollover to the following academic year. 2. The team physician may withhold the student-athlete from play or practice for a longer period of time if medically indicated. 3. Student-athlete is required to call and inform parent/guardian that he/she has tested positive for drug use in the presence of the MVSU s Director of Sports Medicine. A letter will also be sent to the parents or guardian indicating this offense. 4. Student-athlete will be required to attend session(s) with a counselor selected by the MVSU. 5. Student-athlete will be required to submit to a follow up test 30 days from the most recent positive test. The re-test must be negative or show no evidence of increased drug use or it will be considered as the second offense. All positive drug tests will have a follow-up drug test. 6. Under the guidance of the medical director, the student-athlete may be withheld from practice or competition if medically indicated. 7. Student-athlete will participate in 10 hours of community service. Hours will be monitored by and reported to the Senior Associate Athletics Director for Compliance & Student Affairs. 8. Director of Athletics and Head Coach reserve the right to administer other forms of discipline. Second Offense 1. If a student-athlete tests positive a second time, he or she shall be suspended immediately from competition for a minimum of 12 months. The minimum 12-month suspension shall include all regularly scheduled competitions including non-traditional season competitions, foreign tours, special team trips and conference and postseason championship competition in all sports in which the student-athlete participates. The Director of Athletics or his/her designee may impose a longer suspension on a case-by- Page 13 of 27

14 case basis. If the suspension imposed may not be completed during the current academic year, the suspension will rollover to the following academic year. 2. The student-athlete shall be charged with the loss of a minimum of one season of competition (e.g. the 12 month suspension may not be considered a red shirt year nor may it be considered a medical hardship). 3. The team physician may withhold the student-athlete from practice and/or competition for a longer period of time if medically indicated. 4. Student-athlete is required to call and inform parent/guardian that he/she has tested positive for drug use in the presence of MVSU s Director of Sports Medicine. A letter will also be sent to the parents or guardian. 5. Student-athlete will be required to attend session(s) with a counselor selected by MVSU. 6. Student-athlete will be required to submit to a follow up test 30 days from the most recent positive test. The re-test must be negative or show no evidence of increased drug use or it will be considered as the third offense. All positive drug tests will have a follow-up drug test. 7. The Director of Athletics will consult with the Director of Sports Medicine, the head coach of the student-athlete, the student-athlete and any other appropriate staff. The history of the student-athlete regarding academics, attitude, type of substance used, time between positive tests and other factors will determine additional penalties. The penalties for a second offense may include: Third Offense Third Offense I. Participation in 40 hours of community service. Hours will be reported to and monitored by the Senior Associate Athletics Director for Compliance & Student Affairs II. Additional suspension from competition and team activities as determined by the Director of Athletics. III. Revocation of scholarship at the end of the existing semester. 1. The student-athlete will be dismissed from the team. 2. Parents or Guardian will be called. A letter will also be sent to parents or guardian. 3. The student-athlete s scholarship will be revoked immediately. Consistent with all University, conference and NCAA regulations, the student-athlete will be subject to cancellation of athletic aid for the subsequent semester, if any, in the current year and non-renewal of athletic aid for the ensuing academic year. The Director of Athletics and each Head Coach retains the right to dismiss and/or suspend a student-athlete from the team and to recommend immediate cancellation or non-renewal of all athletically related financial aid after any positive test. Any student-athlete dismissed from a team is not allowed to use any MVSU facilities and services. Page 14 of 27

15 Confirmation Testing Student-athletes who test positive for a banned substance may contest the finding within fortyeight (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 his/her designee will request the laboratory to perform confirmation testing on the student-athlete s B bottle, if applicable. All costs associated with testing the B sample will be the responsibility of the student-athlete. Testing of bottle B must take place at the same laboratory utilized for testing bottle A. 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 the B bottle, but desires to be represented, arrangements will be made for a surrogate to attend the opening of bottle 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 bottle B. Bottle B findings will be final. If bottle B results are negative, the drug test will be considered negative. Right to Appeal Student-athletes who test positive under the terms of MVSU s Department of Athletics Drug Testing Policy will be entitled to a hearing with MVSU s Drug Testing Appeals Board (Appeals Board). The Appeals Board consists of the Director of Athletics, the Head Athletic Trainer, the Faculty Athletic Representative, a Head Coach (of a sport not involving the current studentathlete) and one (1) other faculty member as appointed by the Dean of Students in consultation with the Director of Athletics. The student-athlete will remain ineligible, if applicable, for competition pending the outcome of the appeal. Requests for such a hearing must be made within five (5) business days of notification of the positive test result or B sample result. Requests must be in writing and received by the Director of Athletics. The Director of Athletics will forward the written request to the Appeals Board. The hearing shall take place within five (5) business days following receipt of the written request. Either the student-athlete or other parties involved may request an extension of this time to the Director of Athletics, 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, as well as to review the results of the drug test. The student-athlete may have an advocate or other representative present if the student so desires. However, the student-athlete must present his or her own case. The proceedings shall be confidential. The decision by the Appeals Board regarding the sanction to be imposed will be final. Clean Year A student-athlete who has had his or her eligibility to participate in intercollegiate athletics suspended by MVSU because of a positive drug test result will have an opportunity one time during their intercollegiate athletic career to decrease one level of sanctions from a positive drug test result. To be eligible for consideration, the student-athlete must meet the following requirements: Page 15 of 27

16 1. The previous positive was for marijuana only. 2. The student-athlete has participated in and completed substance abuse counseling as outlined previously. 3. The student-athlete has maintained a consecutive 12 month time period of having no further positive drug tests (marijuana or other drugs) or alcohol-related problems. The 12 month period will begin with their last positive drug test (or alcohol-related incident), and the student-athlete will be subject to more frequent, non-random drug testing throughout this time period. 4. The student-athlete makes a verbal request to the Director of Sports Medicine for this consideration. Follow-up Testing A student-athlete who has returned to participation in intercollegiate athletics following a positive drug test under this policy shall be subject to additional testing throughout his or her athletic eligibility at MVSU. Testing will be unannounced and will be required at a frequency determined by the Director of Athletics or his/her designee in consultation with a counselor or specialist involved in the student-athlete s case. Financial Responsibility Student-athletes who abuse drugs or alcohol will need counseling to assist them in a successful recovery. Following a positive drug test or entry into Safe Harbor, the MVSU Department of Athletics will assist with the initial assessment by a certified mental health professional through our secondary insurance. However, the student-athlete and his or her parents/guardians may be responsible for costs including but not limited to: outpatient counseling, inpatient comprehensive care, hospitalization, missed/late appointments, and counseling during semester breaks and school holidays. Safe Harbor Program The MVSU is committed to assisting student-athletes who have a drug and/or addiction problem. A student-athlete eligible for MVSU Safe Harbor Program may refer himself or herself to the Program for voluntary evaluation and counseling. To that end, if a student-athlete self-identifies use, addiction or dependency to the attention of the MVSU Director of Sports Medicine outside of the notification of drug tests, and seeks assistance, penalties will not be pursued. A treatment plan will be used to track recovery and cooperation with treatment by the student-athlete. A student-athlete is not eligible for the Safe Harbor Program after he or she has been informed of an impending drug test or after having received a positive drug test. Self-Referral MVSU will work with the student-athlete to prepare a Safe Harbor treatment plan, which may include confidential drug testing. If the student-athlete tests positive for a banned substance Page 16 of 27

17 upon entering the Safe Harbor Program, that positive test will not result in any administrative sanction unless the student-athlete tests positive in a subsequent retest or the student-athlete fails to comply with the treatment plan. The team physician may suspend the student-athlete from play or practice if medically indicated. A student eligible for the MVSU Safe Harbor Program may refer himself or herself to the Safe Harbor Program through the MVSU s Director of Sports Medicine for voluntary evaluation and counseling. A student is not eligible for the Safe Harbor Program under the following conditions: 1. If the student has been informed of an impending drug test. 2. If the student has received more than one positive drug test. 3. If the student has been previously granted Safe Harbor. Treatment Plan The MVSU will work with the student to prepare a Safe Harbor treatment plan, which may include confidential drug testing. If the student tests positive for a banned substance upon entering the Safe Harbor Program, that positive test will not result in any administrative sanction unless the student tests positive in a subsequent retest or the student fails to comply with the treatment plan. Under the guidelines or protocol of the appointed Medical Director the student may be suspended from play or practice, if medically indicated. 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. A student-athlete will not be permitted to enter the Safe Harbor Program thirty (30) days prior to NCAA or conference postseason competition. Removal from the Safe Harbor Program If a student-athlete tests positive for any banned substance after his or her initial drug test upon entering the Safe Harbor Program or fails to comply with the Safe Harbor Program treatment plan, the student-athlete will be removed from the Safe Harbor Program and the positive drug test will result in a first offense sanction. Safe Harbor Protection While in compliance with the Safe Harbor Program treatment plan, the student-athlete will not be included in the list of student-athletes eligible for random drug testing by Mississippi Valley State University. However, Student-athletes in the Safe Harbor Program may be selected for drug testing by the NCAA. In these circumstances, no student-athlete can be protected by Safe Harbor. If a student-athlete tests positive for any banned substance after entering the Safe Harbor Program (e.g. must be defined as new use ) or fails to comply with the Safe Harbor treatment plan, the student-athlete will be removed from the Safe Harbor Program, an initial Safe Harbor Page 17 of 27

18 positive test will be treated as a first positive and a subsequent positive as a second positive, subject to the sanctions explained in this policy. The Director of Athletics, team physician, Director of Sports Medicine, and student-athlete s Head Coach may be informed of the student-athlete s participation in the Safe Harbor Program. The assistant coaches may also be informed at the discretion of the head coach. Other University employees may be informed only to the extent necessary for the implementation of this policy. Counseled Judgment The Director of Athletics reserves the right to yield to the expert opinion from trained professionals to adjust the penalty accordingly. For the well-being of the student athlete, revised suspension / penalties may be in order based on diagnosis and the treatment plan. Athletes that have tested positive, diagnosed with addiction or addictive behaviors, treated and served the appropriate sanctions may be allowed to have an offense removed if no positive drug tests, appropriate social behavior, acceptable academic progress, and appropriate drug and alcohol professionals believe the treatment outcomes are successful for one complete calendar year. This decision will be made by the Director of Athletics after consulting the treating professional, academic counselors, coaches and other appropriate medical personnel. Confidentiality The Director of Athletics, Director of Sports Medicine, the student-athlete s head coach, the appointed Medical Director, and the student-athlete s parent/guardian will be informed of the student-athlete s participation in the Safe Harbor Program. The assistant coach (es) may also be informed at the discretion of the head coach. Other university employees may be informed only to the extent necessary for the implementation of this policy. Department of Athletics reserves the right to amend this handbook as appropriate. This handbook is not to be construed as a contract between the University and the student-athlete. Page 18 of 27

19 Department of Athletics Appendix A Alcohol, Tobacco and Drug Education & Testing Program Student-Athlete Consent Form I,, hereby acknowledge that I have received a copy of, read and been given the opportunity to ask questions regarding the Alcohol, Tobacco and Drug Education & Testing Program implemented for the Department of Athletics at Mississippi Valley State University. I understand the policies, procedures and my responsibilities as described in such policy. As a condition to my participation in intercollegiate athletics at MVSU, I consent to participate in the Alcohol, Tobacco and Drug Education & Testing Program. I understand that my participation in this program includes the collection and testing of my urine at various times during academic year for alcohol, tobacco, drugs, and/or other banned substances. I further consent to the release of the results of any positive test to the Director of Athletics or his/her designee, Sports Medicine Office, Senior Athletics Staff, Appeals Committee and/or my parent(s) or guardian(s). I acknowledge and understand that a copy of this consent form may be sent to my parent(s) or guardian(s) along with a copy of the Alcohol, Tobacco and Drug Education & Testing Program Student Consent Form. 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 MVSU s Alcohol, Tobacco and Drug Education & 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 MVSU under its Alcohol, Tobacco and Drug Education & Testing Program upon a positive result under the NCAA drug-testing program. MVSU, 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 MVSU s Alcohol, Tobacco and Drug Education & Testing Program including those claims, demands, rights of action, or causes of action arising out of any positive result under such Alcohol, Tobacco and Drug Education & Testing Program. Printed Name of Student-Athlete Student-Athlete Signature MVSU ID# Parent/Guardian Signature (if a minor) Date Date of Birth Sport(s) Date Page 19 of 27

20 NCAA Banned Drugs Appendix B It is your responsibility to check with the appropriate or designated athletics staff before using any substance. The NCAA bans the following classes of drugs: 1. Stimulants; 2. Anabolic Agents; 3. Alcohol and Beta Blockers (banned for rifle only); 4. Diuretics and Other Masking Agents; 5. Street Drugs; 6. Peptide Hormones and Analogues; 7. Anti-estrogens; and 8. Beta-2 Agonists. Note: Any substance chemically related to these classes is also banned. The institution and the student-athlete shall be held accountable for all drugs within the banned drug class regardless of whether they have been specifically identified. Drugs and Procedures Subject to Restrictions: 1. Blood doping; 2. Gene doping; 3. Local anesthetics (under some conditions); 4. Manipulation of urine samples; and 5. Beta-2 Agonists permitted only by prescription and inhalation. NCAA Nutritional/Dietary Supplements Warning: Before consuming any nutritional/dietary supplement product, review the product with the appropriate or designated athletics department staff. There are no NCAA approved supplement products. 1. Dietary supplements, including vitamins and minerals, are not well regulated and may cause a positive drug test result. 2. Student-athletes have tested positive and lost their eligibility from using dietary supplements. 3. Many dietary supplements are contaminated with banned drugs not listed on the label. 4. Any product containing a dietary supplement ingredient is taken at your own risk. Check with your athletics department staff prior to using a supplement. Page 20 of 27

21 Examples of NCAA Banned Substances in Each Drug Class Note to Student-Athletes: There is NO complete list of banned substances. Do not rely on this list to rule out any label ingredient. 1. Stimulants: Amphetamine (Adderall); caffeine (guarana); cocaine; ephedrine; fenfluramine (Fen); methamphetamine; methylphenidate (Ritalin); phentermine (Phen); synephrine (bitter orange); methylhexaneamine, "bath salts" (mephedrone); octopamne; DMBA; etc. Exceptions: phenylephrine and pseudoephedrine are not banned. 2. Anabolic Agents (sometimes listed as a chemical formula, such as 3,6,17-androstenetrione): Androstenedione; boldenone; clenbuterol; DHEA (7-Keto); epi-trenbolone; etiocholanolone; methasterone; methandienone; nandrolone; norandrostenedione; ostarine, stanozolol; stenbolone; testosterone; trenbolone; SARMS (ostarine); etc. 3. Alcohol and Beta Blockers (banned for rifle only): Alcohol; atenolol; metoprolol; nadolol; pindolol; propranolol; timolol; etc. 4. Diuretics (water pills) and Other Masking Agents: Bumetanide; chlorothiazide; furosemide; hydrochlorothiazide; probenecid; spironolactone (canrenone); triameterene; trichlormethiazide; etc. 5. Street Drugs: Heroin; marijuana; tetrahydrocannabinol (THC); synthetic cannabinoids (e.g., spice, K2, JWH-018, JWH-073). 6. Peptide Hormones and Analogues: Growth hormone (hgh); human chorionic gonadotropin (hcg); erythropoietin (EPO); IGF-1; etc. 7. Anti-Estrogens: Anastrozole; tamoxifen; formestane; ATD; clomiphene; SERMS (nolvadex); etc. 8. Beta-2 Agonists: Bambuterol; formoterol; salbutamol; salmeterol; higenamine; norcoclaurine; etc. Additional examples of banned drugs can be found at Any substance that is chemically related to the class, even if it is not listed as an example, is also banned! Information about ingredients in medications and nutritional/dietary supplements can be obtained by contacting the Resource Exchange Center (REC) at 877/ or password: ncaa1, ncaa2 or ncaa3. It is your responsibility to check with the appropriate or designated athletics staff before using any substance. intra.ncaa.org/sites /ama/operationsteam/6.technologyteam/07.complianceforms/ /divisioni/ banneddrugseducationaldocument/lrz_kh: Page 21 of 27