Concordia University Chicago Department of Athletics Alcohol, Tobacco and Other Drug Education And Testing Policies Revised June 2014

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1 Concordia University Chicago Department of Athletics Alcohol, Tobacco and Other Drug Education And Testing Policies Revised June 2014 Overview The Concordia University Chicago Department of Athletics has approved this policy. The Department of Athletics reserves the right to amend this policy from time to time as needed. Furthermore, this policy is not to be construed as a contract between the university and the student-athlete. Intercollegiate Athletics at Concordia University Chicago is concerned with the health, safety and well-being of the student-athletes who participate in its programs and represent the college 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 supplements, use of performance-enhancing substances, use of alcohol and inappropriate use of tobacco are completely inconsistent with the standards expected of student-athletes at Concordia University Chicago. Substance use and abuse in sport can pose risks to the student-athlete s health and negatively affect his or her academic and athletic performance. It can also compromise the integrity of athletic competition and the ideals of Concordia University Chicago. Purpose The Athletic Department believes that drug testing is appropriate to ensure the health, safety and welfare of our student-athletes, to promote fair competition in intercollegiate athletics, to affirm compliance with applicable rules and regulations on drug and alcohol abuse, to identify studentathletes who are improperly using drugs or alcohol and to assist them before they harm themselves or others. Furthermore, the Athletic Department recognizes its responsibility to provide educational programming that will support a positive decision-making process. The intent of these policies is to prevent substance use and abuse by student-athletes through education, testing, and professional guidance. Education providing student-athletes and athletics staff with accurate information about the problems associated with substance use in sport, promoting health and safety in sport Testing analyzing biological specimens to detect prohibited substances studentathletes may introduce to their bodies and punitive consequences resulting from use; and Professional Referral facilitating appropriate treatment and rehabilitation of studentathletes. Alcohol, Tobacco and Other Drug Education Participants who are educated about substance use in sport are more likely to make informed and intelligent decisions about usage. Concordia University Chicago will conduct a drug and alcohol education program for student-athletes at least twice a year. These educational programs will be designed to review athletic department, institutional, conference and national governing body policies related to alcohol, tobacco and other drugs. Appropriate educational materials will be made available to all participants including a list of banned drug classes. All student-athletes and Concordia University Chicago

2 athletics staff members are required to attend. Make-up sessions are available for participants who must miss a scheduled educational session for an approved reason. In addition to educating student-athletes and athletics staff about the various policies, a review of the institutional drugtesting program will be conducted. Dietary supplements and their inherent risks will be discussed. Time will be allowed for questions from participants. In addition, educational programs may be arranged to provide participants the opportunity to learn more about the dangers of specific substances. Athletic Department Staff Responsibility All athletics staff members must be aware of and committed to the drug education and drugtesting 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 student-athletes in obtaining any performance-enhancing or non-therapeutic drugs. 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 student-athlete to the Head Athletic Trainer. All athletics staff members shall direct studentathletes who desire to use dietary supplements to the Head Athletic Trainer or the Team Physician. Any staff member found to be in violation of this policy is subject to dismissal. Consent to Participate Conditional to participation in intercollegiate athletics at Concordia University Chicago, each student-athlete will be required to sign a consent form agreeing to undergo drug and alcohol 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 Concordia University Chicago. Each student-athlete will be given a copy of the institutional policy and will be required to participate in an informative session describing alcohol, tobacco and other drug education and testing policies. 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 drug-testing consent form. Alcohol Policy Concordia University Chicago does not permit the use of alcohol on-campus by any student even those of legal drinking age. It is the responsibility of every member of the college community to know the risks associated with alcohol use and abuse. This responsibility obligates studentathletes to know relevant college policies and federal, state and local laws and to conduct themselves in accordance with these laws and policies. This policy extends to the recruitment of prospective Concordia University Chicago student-athletes. Prospective student-athletes visiting campus and socializing with current students are expected to participate in all activities without the influence of alcohol. Possession or consumption of alcoholic beverages by individuals under the age of 21 is a violation of state liquor laws. Students who are 21 years of age or over are prohibited from providing, delivering to, hosting the serving of, or being present where alcoholic beverages are available to persons under 21 years of age. Students who are 21 years of age or over may possess or consume alcoholic beverages provided all other students are of legal drinking age and it is not on the campus of Concordia University Chicago. The Athletic Department will issue a positive test result to any student-athlete upon conviction or plea of guilty to the following: Concordia University Chicago 2

3 In-Season Violation 1. Driving under the influence (DUI/DWI) or other motor vehicle violations involving alcohol or drugs 2. Public intoxication 3. Drunk and disorderly, including vandalism 4. Other violations of law or university policy involving alcohol or drugs, including possession 5. Violations involving the purchasing, provision, delivering to, or hosting the serving of minors 6. Violations of the Concordia University Chicago Student Code of Conduct involving alcohol or drugs An alleged in-season violation is deemed to have occurred when any coach or resident director becomes aware of the alleged violation, documents the incident in writing, and submits it to the Director of Athletics within 24 hours. The Director of Athletics will make the final determination of violation. In-season begins the first day a coach may conduct conditioning or skill practices and ends upon completion of the team or individual s final contest including postseason play. Split seasons will be considered as two separate seasons, each with a beginning and an ending date. In addition, any violation that occurs in the presence of a recruit will be considered an inseason violation. Out-of-Season Violation A violation is deemed to have occurred if: First Offense 1. The student-athlete is found guilty of an alcohol violation on campus; or 2. The student-athlete is found guilty of any civil and/or criminal infraction concerning alcohol listed in the first paragraph. 1. Written warning 2. Parental or guardian notification, if found necessary by the Dean of Students 3. Referral to counseling will be on a case-by-case basis 4 All offenses are reviewable by the Dean of Students and the Athletic Director and may result in more severe consequences Second Offense 1. Referral for substance abuse assessment 2. Parental or guardian notification 3. Suspension from all intercollegiate sport competition will be determined by the Athletic Director 4. Regular drug testing Third Offense 1. Completion of outpatient substance abuse program 2. Parental or guardian notification Concordia University Chicago 3

4 3. Suspension from participating in all intercollegiate sport competition at Concordia University indefinitely or permanent removal from the athletic program 4. Any student-athlete who does not complete a penalty will forfeit a varsity letter. A student-athlete will be reviewed on three semester intervals, as their status of participation is determined. An offense is removed from the record after a positive review. As offenses accumulate, the three-semester period will roll over. Tobacco Policy The use of tobacco products is prohibited by all game personnel (e.g. coaches, student-athletes, athletic trainers, managers and game officials) in all sports during practice and competition. If a student-athlete, coach or any other team personnel is using tobacco of any type, the offending player and head coach are to be immediately ejected from the game. If a player, coach or other team personnel is using a substance that has the appearance of tobacco, it is to be removed immediately. The offending person is not to be ejected. The appearance of tobacco includes tins, pouches, mint leaves and any substance that mimics a tobacco product. If a student-athlete, coach or other team personnel is using tobacco during warm-ups, the offending player and the head coach shall be ejected from the game. Use of Dietary Supplements Concordia University Chicago Department of Athletics personnel will not distribute or encourage the use of any dietary supplements or ergogenic aids. Many dietary supplements or ergogenic aids contain banned substances. Oftentimes the labeling of dietary supplements is not accurate and is misleading. Terms such as healthy or all natural does not mean dietary supplements do not contain a banned substance or are safe to take. Using dietary supplements may cause a positive drug test. Student-athletes who are currently taking dietary supplements or intend to take any are required to review the product with the Team Physicians and Head Athletic Trainer prior to use. Additional information about dietary supplements may be found at password ncaa3 Prohibited Drugs/Substances Concordia University Chicago drug 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, alcohol and beta blockers, diuretics and other masking agents, street drugs, peptide hormones and analogues, anti-estrogens and beta-2 agonists. See the list of the NCAA banned-drug classes at Additional substances that Concordia University Chicago may screen for include alcohol (in any sport), opiates, hallucinogens, barbiturates, tranquilizers, oxycodone (OxyContin), flunitrazepam (Rohypnol), ephedrine, synephrine and synthetic cannabinoids (e.g. Spice, K2). Concordia University Chicago 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. Concordia University Chicago s drug testing program is separate and distinct from the NCAA s drug testing programs, including but not limited to banned substances, sanctions imposed and levels of detection. Concordia University Chicago 4

5 Medical Exception Process Concordia University Chicago recognizes that some banned substances are used for legitimate medical purposes. Accordingly, the Department of 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 their athletic trainer, in writing, of all medications (prescribed and over-the-counter) he or she is taking. Concordia University Chicago 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 and prescribed length of time for usage. 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. Selected Types of Drug Testing 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. Students listed on the squad list that have exhausted their eligibility or who have had a career-ending injury will not be selected for testing. The Director of Athletics or his/her designee will select student-athletes from the official institutional squad lists by using a computerized random number program. Urinalysis and/or onsite saliva testing procedures may be used for unannounced random testing. Pre-season Screening Student-athletes are subject to pre-season drug testing and may be notified of such by the Director of Athletics or his/her designee at any time prior to their first competition. Reasonable Suspicion Screening A student-athlete may be subject to testing at any time when the Director of Athletics or his/her designee determines there is individualized reasonable suspicion to believe the participant is using a prohibited drug. Such reasonable suspicion may be based on objective information as determined by the Director of Athletics or by an Associate/Assistant Athletic Director, Head Coach, Assistant Coach, Head Athletic Trainer or Assistant Athletic Trainer, or Team Physician, and deemed reliable by the Director of Athletics or his/her 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 as being caused by the use of prohibited drugs or substances. Among the indicators which may be used in evaluating a student-athlete s abnormal appearance, conduct or performance are: 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 suspected, the Director of Athletics or his/her designee will notify the student-athlete and the student-athlete must stay with a member of their coaching staff, the athletics administration staff, or the sports medicine staff, until an adequate specimen is produced. Note: The possession and/or use of Concordia University Chicago 5

6 illegal substances may be determined by means other than urinalysis. When an individual is found to be in possession and/or using such substances, he/she will be subject to the same procedures that would be followed in the case of a positive urinalysis (e.g., using on-site saliva testing products to determine alcohol consumption). Postseason/Championship Screening Any participant or team likely to advance to post-season championship competition may be subject to additional testing. 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 to participate by the Director of Athletics. Re-entry Testing A student-athlete who has had his or her eligibility to participate in intercollegiate sports suspended may be required to undergo re-entry drug and/or alcohol testing prior to regaining eligibility. The Director of Athletics or his/her designee shall arrange for re-entry testing after the counselor or specialist involved in the student-athlete s case indicates that re-entry into the intercollegiate sports program is appropriate. Follow-up Testing A student-athlete who has returned to participation in intercollegiate sports following a positive drug test under this policy may be subject to follow-up testing. Testing will be unannounced and will be required at a frequency determined by the Athletic Director or his/her designee in consultation with the counselor or specialist involved in the student-athlete s case. Notification and Reporting for Collections The student-athlete will be notified of and scheduled for testing by the institution. The Director of Athletics or his/her designee will notify the student-athlete 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 B). Notification must be made in-person or by direct telephone communication with the student-athlete (e.g. no s, no voice mails). No specific time period is required for notification of student-athletes prior to the administration of any drug tests. The Director of Athletics or his/her designee will be in the collection station to certify the identity of the student-athletes selected. Student-athletes shall provide picture identification when entering the drug-testing 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 1. Only the Director of Athletics or his/her designee and those persons authorized by the approved collector will be allowed in the collection station. 2. The approved collector may release a sick or injured student-athlete from the collection station or may release a student-athlete to return to competition or to meet academic obligations only after appropriate arrangements for having the student-athlete tested have been made. Concordia University Chicago 6

7 3. Upon entering the collection station, the student-athlete will be identified by the Director of Athletics or his/her designee. 4. When ready to urinate, the student-athlete will select a sealed beaker from a supply of such and will record his/her initials on the beaker s lid. 5. An approved collector will monitor the furnishing of the specimen by observation in order to assure the integrity of the specimen until a specimen of at least 85 ml is provided. 6. Once a specimen (at least 85 ml) is provided, the student-athlete is responsible for keeping the collection beaker closed and controlled. 7. Fluids and food given student-athletes who have difficulty voiding must be from sealed containers (approved by the Director of Athletics or his/her designee) that are opened and consumed in the station. These items must be free of any banned substances. 8. 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. 9. If the specimen is incomplete and the student-athlete must leave the collection station for a reason approved by the Director of Athletics or his/her designee, the specimen must be discarded. 10. Upon return to the collection station, the student-athlete will begin the collection procedure again. 11. Once a specimen (at least 85 ml) is provided, the student-athlete will pour a small amount of urine into an approved container. An approved collector will check the specific gravity and ph of the urine in the presence of the student athlete. 12. If the urine has a specific gravity below (1.010 if measured with a reagent strip), the specimen will be discarded by the student-athlete. The student-athlete must remain in the collection station until another specimen is provided. The student-athlete will provide another specimen. 13. If the urine has a ph greater than 7.5 (with reagent strip) or less than 4.5 (with reagent strip), the student-athlete will discard the specimen. The student-athlete must remain in the collection station until another specimen is provided. 14. If the urine has a specific gravity above (1.010 if measured with a reagent strip) and the urine has a ph between 4.5 and 7.5 inclusive, the specimen will be processed and sent to the laboratory. 15. The laboratory will make final determination of specimen adequacy. 16. If the laboratory determines that a student-athlete s specimen is inadequate for analysis, at the institution s discretion, another specimen may be collected. 17. If a student-athlete is suspected of manipulating specimens (e.g., via dilution, adulteration, substitution), the institution will have the authority to perform additional tests on the student-athlete. Concordia University Chicago 7

8 18. Once a specimen has been provided that meets the on-site specific gravity and ph parameters, the student-athlete will select a specimen collection kit and a uniquely numbered Student-Athlete Signature Form from a supply of such. 19. The approved collector who monitored the furnishing of the specimen by observation will sign the Student-Athlete Signature Form. 20. An approved collector will record the specific gravity and ph values on the Student- Athlete Signature Form. 21. The student-athlete will pour approximately 60 ml of the specimen into the A vial and the remaining amount (approximately 25 ml) into the B vial. Note: Some testing panels require only an A vial. 22. The student-athlete will place the cap on each vial; the approved collector will then seal each vial in the required manner under the observation of the student-athlete and witness (if present). 23. The laboratory s copy of the Student-Athlete Signature Form shall not contain the name of the student-athlete. 24. All sealed specimens will be secured in a shipping case. The approved collector will put the laboratory copy of the Student-Athlete Signature Form in the case, and prepare the case for forwarding. 25. The student-athlete, collector and witness (if present) will sign the Student-Athlete Signature Form, certifying that the procedures were followed as described in the protocol. Any deviation from the procedures must be described and recorded on the Student- Athlete Signature Form at that time. If deviations are alleged, the student-athlete will be required to provide another specimen. 26. The approved collector will sign the Student-Athlete Signature Form, give the studentathlete or a designee a copy and secure all remaining copies. The compiled Student- Athlete Signature Forms constitute the Master Code for that drug testing. 27. After the collection has been completed, the specimens will be forwarded to the laboratory and all copies of all forms forwarded to the designated persons. 28. Failure to sign the Student-Athlete Notification Form or the Student-Athlete Signature Form, arrive at the collection station at the designated time without justification or provide a urine specimen according to protocol is cause for the same action(s) as evidence of use of a banned substance. The Director of Athletics or his/her designee will inform the student-athlete of these implications (in the presence of witnesses) and record such on the Student-Athlete Notification Form. If the student-athlete is not available, he/she will be considered to have withdrawn consent and will be ineligible on that basis. 29. All specimens become the property of Concordia University Chicago. Reporting Results 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. A test result confirmed as positive by the laboratory does not automatically identify the student-athlete as having engaged in prohibited drug or alcohol use. Results will be made available to the Head Concordia University Chicago 8

9 Athletic Trainer. The Head Athletic Trainer will review the results and if there is a positive drug test, he/she will set up a meeting with the student-athlete. The student-athlete may present evidence of any mitigating circumstances that he/she feels may be important to the outcome of the drug test. The Head Athletic Trainer and Director of Athletics, in consultation with the Dean of Students and with the Team Physician if necessary, will then make the determination of the outcome of the drug test based on screening and confirmation cut-off standards. If the laboratory reports a specimen as substituted, manipulated or adulterated, the student-athlete will be deemed to have refused to submit to testing and treated as if the test were positive for a banned substance. 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 Concordia University Chicago. Not meeting any or all of the sanction requirements will be considered 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. For health and safety reasons, a team physician may withhold a studentathlete from practice and/or competition at any time. Note: A positive drug test result under the NCAA s drug testing program will be counted as a positive drug test result under the terms and conditions of the Concordia University Chicago Department of Athletics Drug Education and Drug Testing Program. Refusal to sign a consent form prohibits a student-athlete from participating in any intercollegiate sport at Concordia University Chicago. Any student-athlete who is found guilty of serious criminal misconduct (e.g., drug trafficking; driving while impaired) will not be permitted to participate in any intercollegiate sport at Concordia University Chicago. First Offense The Director of Athletics will report the positive drug test finding(s) to the Head Athletic Trainer, who in turn, will notify the Team Physicians. The Dean of Students will be informed of the positive result as well. The Director of Athletics will schedule a confidential meeting with the student-athlete and the head coach. The Director of Athletics or the Dean of Students will notify the student-athlete s parent(s) or legal guardian(s) by telephone and in writing. The student-athlete immediately will be suspended from participation in any intercollegiate sports at Concordia University Chicago for a minimum of 30% of contests in the upcoming or current season. The student-athlete will be required to attend drug-counseling sessions as recommended by the Concordia University Chicago Counseling Center. The counselor shall determine the appropriate form(s) of intervention and rehabilitation needed by the student-athlete, based on the circumstances of the case. In addition, the student-athlete may not be permitted to return to practice and/or competition in intercollegiate sports until he/she has complied with the counselor s directions for treatment, has had a negative result on a re-entry drug test, has made a request for reinstatement and the request has been granted. Treatment and rehabilitation costs are the responsibility of the student-athlete. The student-athlete may be subject to follow-up testing. Testing will be unannounced and will be required at a frequency determined by the Director of Athletics or his/her designee. Failing to comply with the counselor s directions for treatment, having a positive result on a reentry drug test will be classified as a second and final offense. Concordia University Chicago 9

10 Second Offense The student-athlete immediately will be suspended from participation in any intercollegiate sports at Concordia University Chicago for a minimum of one calendar year. The student-athlete will be required to attend drug-counseling sessions as recommended by the Concordia University Chicago Counseling Center. The counselor shall determine the appropriate form(s) of intervention and rehabilitation needed by the student-athlete, based on the circumstances of the case. In addition, the student-athlete may not be permitted to return to practice and/or competition in intercollegiate sports until he/she has complied with the counselor s directions for treatment, has had a negative result on a re-entry drug test, has made a request for reinstatement and the request has been granted. Treatment and rehabilitation costs are the responsibility of the student-athlete. The student-athlete may be subject to follow-up testing. Testing will be unannounced and will be required at a frequency determined by the Director of Athletics or his/her designee. Failing to comply with the counselor s directions for treatment, having a positive result on a reentry drug test will be classified as a third and final offense. Third Offense If a student-athlete tests positive a third time for the use of any banned substance, he/she shall lose all remaining regular and post-season eligibility in all intercollegiate sports at Concordia University Chicago. Safe Harbor Program (Voluntary Disclosure) A student-athlete eligible for the Concordia University Chicago Safe Harbor Program may refer himself or herself to the Safe Harbor Program for voluntary evaluation and counseling by contacting his/her Head Coach or any member of the Athletic Department. A student is not eligible for the Program after he or she has been informed of an impending drug test or after having received a positive Concordia University Chicago or NCAA drug test. Concordia University Chicago 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. (The team physician may suspend the student from play or practice if medically indicated). A student 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 will not be permitted to enter the Safe Harbor Program thirty (30) days prior to NCAA or Conference postseason competition. If a student-athlete tests positive for any banned substance after entering the Safe Harbor Program or fails to comply with the Safe Harbor treatment plan, the student will be removed from the Safe Harbor Program, and an initial Safe Harbor 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. While in compliance with the Safe Harbor Program treatment plan, the student will not be included in the list of students eligible for random drug testing by Concordia University Chicago. Students in the Safe Harbor Program may be selected for drug testing by the NCAA. The Director of Athletics, the Dean of Students, the Head Athletic Trainer, the student-athlete s Head Coach and the Team Physician will be informed of the student s participation in the Safe Harbor Program. The athletic trainer assigned to that sport also may be notified, if medically appropriate. The assistant coach(es) also may be informed at the discretion Concordia University Chicago 10

11 of the head coach. Other Concordia University Chicago employees may be informed only the extent necessary for the implementation of this Policy. 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. The request for appeal should be submitted in writing from the student-athlete. 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 specimen B, if applicable. The studentathlete may choose to be present at the opening of specimen B at the laboratory. If the studentathlete 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 Concordia University Chicago Department of Athletics Student-Athlete Drug Education and Drug Testing Program will be entitled to a hearing. Requests for such a hearing must be made within forty-eight (48) hours of notification of a positive B sample test result or within 48 hours of notice of a positive finding if no B sample collected or if no B sample is requested. If the forty-eight hours 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. The Director of Athletics will forward the request for a hearing to the Appeals and Reinstatement Committee. The Appeals and Reinstatement Committee is comprised of the Director of Athletics or his/her designee, a Team Physician, a Faculty Athletic Representative, a substance abuse counselor and a 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 but must provide an additional written release for the individual(s). However, the student-athlete must present his or her own case. If the student-athlete at any time elects to have legal counsel representation, the student must give The Appeals and Reinstatement Committee seven (7) days written notice during which period the proceedings are suspended. The hearing should take place no more than 48 hours after the written request is received. Either the studentathlete or the other parties involved may request an extension of 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, to question adverse testimony, as well as to review the results of the drug test. The proceedings shall be confidential. The decision by the Appeals and Reinstatement Committee regarding the sanction to be imposed, if any, shall be final. The Director of Athletics shall inform the student-athlete of the committee s decision in writing. A formal record, a tape recording, or a verbatim transcript of the hearing shall be kept. Request for Reinstatement At the end of the one-year period of suspension (after a first positive drug test result) 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. The request shall be made in writing and must state the grounds on which the student-athlete believes he/she should Concordia University Chicago 11

12 be reinstated. For each individual appeal, The Director of Athletics will forward the request for reinstatement to the Appeals and Reinstatement Committee. The Appeals and Reinstatement Committee is comprised of the Director of Athletics or his/her designee, a Team Physician, a Faculty Athletic Representative, a substance abuse counselor and a sport administrator appointed by the Director of Athletics. The committee shall review the request for reinstatement and make a determination within ten (10) days of receiving the request. Concordia University Chicago 12

13 Concordia University Chicago Department of Athletics Alcohol and Drug Testing Program Administration Student-Athlete Consent Form APPENDIX I I,, hereby acknowledge that I have received a copy of, read and been given the opportunity to ask questions regarding the Drug Testing and Substance Abuse Program implemented for the Department of Intercollegiate Athletics at Concordia University Chicago. I understand the policies, procedures and my responsibilities as described in the policy. As a condition to my participation in intercollegiate athletics at Concordia University Chicago during this academic year, I consent to participate in the Alcohol, Tobacco and Other Drug Education and Testing Program at Concordia University Chicago. I understand that my participation in this program includes the collection and testing of my urine at various times during this academic year for drugs, alcohol, and/or other banned substances. For health and safety reasons as well as to determine my eligibility, I further consent to the release of the results of any drug test, to the Director of Athletics, the Dean of Students, the Head Coach, the Team Physician, the Head Athletic Trainer, Assistant Athletic Trainers, and my parent(s) or guardian(s). I acknowledge and understand that a copy of this consent form will be sent to my parent(s) or guardian(s) along with a copy of the Alcohol, Tobacco and Other Drug Education and Testing Program Policy. To the extent set forth in this document, I waive any privilege I may have in connection with such information. Concordia University Chicago, its Officers, Employees, and Agents are hereby released from legal responsibility or liability for the release of such information and records 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 this program. Student-Athlete Signature Date Printed Name of Student-Athlete Date of Birth Social Security Number (Optional) Sport(s) Parent/Guardian Signature (if a minor) Date Concordia University Chicago 13

14 Concordia University Chicago Drug and Alcohol Testing Program Student-Athlete Notification Form APPENDIX II Student-Athlete: Social Security No: (Optional) Sport: Date of notification: Time of notification: a.m. /p.m. I,, the undersigned: (NAME) Acknowledge being notified to appear for institutional drug and alcohol testing and have been notified to report to the drug and alcohol 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 an adequate saliva sample and will not eat or drink at least 10 minutes prior to providing a saliva sample. I understand that I may have a witness accompany me to the drug and alcohol-testing site. I understand that failure to appear at the site on or before the designated time will constitute a withdrawal of my previous consent to be tested as part of the Institutional Drug and Alcohol Testing Consent and will result in a penalty. 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: Date: I can be reached at the following telephone number on test day: Notification method: In-person direct telephone communication Institutional Representative retain top portion of completed forms. For Student-Athlete Concordia University Chicago Drug and Alcohol Testing Program Student-Athlete: Location of test: Date of test: Time to report: Concordia University Chicago 14 Report to the test site with picture identification.