Bradley University Department of Athletics Drug Testing Policy and Procedures

Transcription

1 Bradley University Department of Athletics Drug Testing Policy and Procedures The Department of Athletics at Bradley University is concerned with the health, safety and welfare of the studentathletes who participate in its programs and represent the University in competitive athletics. The improper use of illicit and prescription drugs, and the use of dietary supplements can have a negative effect on the health and performance of student-athletes. It is for this reason that random drug testing is conducted per the NCAA Bylaws and attested to by student-athletes in the annual NCAA Drug Testing Consent form, and is also conducted by Bradley University to monitor for illicit drugs, prescription drugs and banned substances for the purposes and in the manner herein identified. This policy is not to be construed as a contract between the college and the student-athletes at Bradley University. However, signed consent and notification forms shall be considered confirmation of the student-athlete s agreement to the terms and conditions contained in this policy and shall be a legal contractual obligation of the student-athlete. The purposes of drug testing and education are as follows: I. To serve as a deterrent to the use of illicit drugs II. To identify those who are using these drugs III. To promote education for all student-athletes who are misusing drugs IV. To avoid harm to the reputation of Bradley University and all those connected with its intercollegiate athletic program. A. Conditions of Eligibility: As a condition of eligibility all student-athletes must sign a NCAA form in which student-athletes consent to be tested by the NCAA for the use of drugs prohibited by NCAA legislation. In addition, all student-athletes must sign the Bradley University Drug Testing Consent form to allow for testing and limited release of test results, as set forth in these procedures. Testing will be conducted for all student-athletes on the squad list, including student-athletes actively participating, student-athletes with medical disabilities, student-athletes who are red-shirted and student-athletes who are partial or non-qualifiers. Continuing student-athletes who have exhausted their eligibility may not be required to participate in the drug testing program. Any student-athlete who refuses to sign the Bradley University Drug Testing Consent Form will be declared ineligible for competition. B. Education Program: The Center for Wellness and Counseling provides ongoing education and counseling in a variety of areas, including alcohol and substance abuse. Assessment, limited counseling and referrals are available to those with appropriate need. In addition, student-athletes are required to participate in an annual drug/alcohol education program offered as part of the Bradley Student-Athlete Affairs (formerly Life Skills) program. Each year the Athletic Training Staff will discuss and review the Department of Athletics Drug Testing Program with each team. Student-athletes will also receive an updated list of NCAA Banned Drugs and will be required to sign a form indicating they have received the information. Two sites that may be used by student-athletes to access additional information regarding banned substances are: or C. Procedures: The Department of Athletics Drug Testing Program will be administered by Athletic Training Room Staff and Bradley University Health Service Nurses. Urine tests will be conducted by Drug Free Sport, a laboratory independent of Bradley University or a similar operation with similarly rigorous standards. The laboratory shall be certified by the Substance Abuse and Mental Health Services

2 Administration (SAMHSA) and use gas chromatography/mass spectrometry (GC/MS) to confirm the presence of cocaine, marijuana, opiates, amphetamine (to include ecstasy), stimulants (ephedrine), anabolic steroids, phencyclidine and other substances on the NCAA Banned Drug List, reducing the chance of obtaining a false positive test result. 1. Random Selection: Biweekly tests will be conducted for 10% of each team s student-athletes (according to a recent and updated roster), who will be randomly selected for each drug testing date. Every student-athlete should expect to be tested at least one time during the school year, but he/she may also be tested multiple times. 2. Student-Athlete Notification: A student-athlete will be notified either in person or by telephone from a member of the Athletic Training staff that he/she has been selected for a drug test that will take place within the next twenty-four hours. (Voice mail messages, text messages, and/or messages relayed through team members or the coaching staff will not be utilized for the purpose of drug testing notification. Student-athletes who have signed the Department of Athletics Drug Testing Consent Form are required to participate in the drug testing program. 3. Collection Site: An official designated by Bradley University shall determine the site to be used for urine collection. The drug testing program shall have one or more designated collection sites which will have all necessary personnel, materials, equipment, facilities and supervision to provide for collection, security, temporary storage, and shipping or transportation of urine specimens to the designated laboratory. Procedures shall provide for the designated collection site to be secure during the drug testing. 4. Personnel: Collection site personnel are responsible for maintaining the integrity of the specimen collection and transfer process. They will avoid conduct that may be deemed accusatorial or otherwise inappropriate. The validator, used for direct observation of the specimen collection, will be the same gender as that of the student-athlete. 5. Security: The University official in charge of the drug testing will be responsible for the designated collection site being secure during the administration of the test. No unauthorized personnel shall be permitted in any part of the designated collection site where urine specimens are collected or stored. 6. Chain of Custody: The chain of custody block of the drug testing custody and control form shall be properly executed by authorized collection site personnel upon receipt of the specimens. Chain of custody procedures shall govern all aspects of the handling and transportation of the urine specimens. 7. Testing: Bradley University will test for the presence of stimulants, anabolic agents, diuretics, street drugs, peptide hormones and analogues, and any other substances on the NCAA Banned Drug List. For purposes of this test, drugs falling under the category of Anabolic Agents and Peptide Hormones and Analogues will be considered Performance Enhancing Drugs and be subject to greater penalty, consistent with the NCAA policy, as detailed under Disciplinary Sanctions (see section H). The breakdown of these categories is provided in detail on the final page of this document. Laboratory guidelines will govern the actual testing procedure and will control the ultimate decision in any contradictions to the policy. The following are the minimum guidelines for drug testing performed for Bradley University s Department of Athletics. a. Upon arrival to the collection site, the collection site person shall ensure that the individual is positively identified as the student-athlete selected for the testing. This will be done through presentation of a photo identification or verbal identification by the authorized University official to the collection site person. b. At the request of the collection site person, the student-athlete shall remove any unnecessary outer garments such as a coat or a jacket that might conceal items or substances that could be used to tamper with or contaminate the urine specimen. c. The student-athlete will be instructed to wash his or her hands prior to urination. d. After washing hands, the student-athlete will remain in the presence of the collection site person and shall not have access to any items that may contaminate the urine specimen.

3 e. The student-athlete will select a specimen bottle or collection container from the collection site person. The validator will be physically present in the same room as the student-athlete during the time the specimen is provided. The student-athlete will then provide his/her specimen in full site of the validator. The student-athlete shall present the specimen to the collection site person and participate with the collection site person in completing the chain of custody procedures. f. The amount of urine needed to complete a valid test will be determined by the laboratory; sixty milliliters (60 ml) is generally the standard. If the laboratory s standards are not met, the studentathlete shall remain in the presence of the collection site person or the validator until the specimen meets proper quantity. g. Upon receiving the correct quantity of the urine sample, the site collection person will follow the laboratory s standard operating procedures before the specimen is sealed and labeled. Upon testing the specific gravity of a specimen, the result will reach above 1.005, or the student-athlete will be required to stay in the presence of the site collector or validator until he/she is able to provide a viable sample that is not dilute. h. The student-athlete and the collection site person shall both keep the specimen in view at all times prior to its being sealed and labeled. All procedures relevant to the proper sealing and labeling of the specimen bottle and the completion of the chain of custody forms will be set forth by the laboratory. These procedures will be adhered to by all those involved in the testing at all times. The collection procedure is considered complete once the above steps have been executed. i. Any student-athlete who is charged with a drug-related crime will be subject to immediate drug testing at Bradley University. D. Reporting Results: Results of the drug test will be seen only by authorized personnel. Notification of the results will be sent via secure to the Associate Athletic Trainer. Access to the secure reporting site will then be obtained by the Assoc. Athletic Trainer, who will view and print the results. These results will contain no athlete names. The specimen number is then matched to the athlete number in a secure athletic department file. The results are read and discussed and further action is taken as needed. The Head Athletic Trainer will notify the Director of Athletics (or his/her designee) of any positive test results. Each positive test result will be reviewed by the Team Physician who will determine if there is an acceptable explanation for the result. The Head Athletic Trainer and the Director of Athletics (or his/her designee) will then notify the Head Coach and the student-athlete of the test finding. The results of the drug test become a part of the student-athlete s medical record and are considered to be confidential. Records and other information shall remain in the confidential possession of the Head Athletic Trainer and may be released only as stated on the consent form and as set forth in these procedures. In the event of a valid subpoena to release the record the affected student-athlete will be notified before compliance with the subpoena in accordance with applicable law. Failure to report for a scheduled drug test and/or the refusal by a student-athlete to provide a sample for testing will be considered as a positive test. Any attempts by a student-athlete to manipulate, adulterate, intentionally dilute or substitute his/her sample will be treated as a positive drug test. All test results accumulate during the ENTIRE TIME that an individual is a studentathlete at Bradley University. E. Medical Exceptions: Student-athletes who are taking prescription or non-prescription drugs under the direction of a licensed physician will be requested to confirm this fact in writing to the Athletic Training Staff during the pre-participation physicals at the beginning of the academic year. This information will need to be confirmed in writing again at the time of a drug test. Prompt and complete compliance with this request will allow the Athletic Training Staff and the Team Physician to prepare for any special needs of the student-athlete.

4 New NCAA guidelines require documentation of banned substances used by those with ADD/ADHD be included in the student-athlete file at the start of the school year. If you are taking medications for ADD/ADHD, please notify the athletic training room ASAP for the appropriate forms that need to be filled out by your treating physician. If you fail to report your prescription drug on the front end, and you are called for an NCAA test, your positive test will result in a 365 day suspension. F. Safe Harbor Program: A student-athlete eligible for the Safe Harbor Program may refer himself/ herself for voluntary evaluation and treatment for alcohol or drug problems. A student-athlete is not eligible for the Safe Harbor Program after he/she has been informed of an impending drug test or after having received a positive finding on a Bradley University or NCAA drug test. Bradley University Athletics will work with the student-athlete to prepare a Safe Harbor treatment plan, which may include confidential testing. If the student-athlete 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-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-athlete will be permitted to remain in the Safe Harbor program for a reasonable period of time to be determined by the University Director of Counseling. A student-athlete will not be permitted to enter the Safe Harbor Program thirty (30) days prior to Conference or NCAA post-season competition. If a student-athlete tests positive for any banned substance after completing the Safe Harbor Program or fails to comply with the Safe Harbor treatment plan, the student-athlete 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 the policy. While in compliance with the Safe Harbor Program treatment plan, the student-athlete will not be included in the list of studentathletes eligible for random drug testing by Bradley Athletics but will be tested without consequence during each random test. Student-athletes in the Safe Harbor Program may however be selected for drug testing by the NCAA. The Director of Athletics, Team Physician, Head Athletic Trainer, and the student-athlete s Head Coach may be informed of the student-athlete s participation in the Safe Harbor Program. The athletic trainer assigned to the student-athlete s sport may also be notified if medically appropriate. The assistant coaching staff 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. G. NCAA Positive Drug Test Result: A positive NCAA drug test result will also be considered a positive test result in accordance with Bradley University s Drug Testing Policies and Procedures. In addition to sanctions imposed by the NCAA, the student-athlete will also be held responsible to the sanctions as outlined in this policy. The NCAA penalty for the first positive drug test is a 365 day suspension and a loss of one year of eligibility. H. Disciplinary Sanctions after Positive Test Results: First Positive Test Result 1. Head Athletic Trainer, Team Physician and Director of Athletics (or his/her designee) will notified. 2. Director of Athletics will notify Head Coach. 3. Head Coach, Director of Athletics (or his/her designee), Head Athletic Trainer will inform studentathlete of the positive finding. 4. The student-athlete will be given the first opportunity to notify his/her parent(s)/guardian/spouse. In the event the student-athletes Head Coach does not receive a phone call from a parent or legal

5 guardian within forty-eight (48) hours of the student-athlete being notified of the positive test, then the Director of Athletics and/or designee will notify the parent or legal guardian. 5. Mandatory monthly testing over the next twelve (12) months with zero notification. 6. The student-athlete will be subject to coach/team sanctions, including possible suspension from competition not to exceed 10% of the total number of regularly scheduled contests in that sport (including exhibitions and post-season games). If the positive test result is for Performance Enhancing Drugs, the suspension will increase to a one year ban from competition, consistent with the NCAA policy. Any loss-of-competition sanction imposed will carry over into the following year if a positive result occurs during the off season or it is not possible to complete the sanction during the current season. 7. Mandatory 10 hours of community service to be completed within 60 days following positive test result. The student-athlete is responsible for arranging the service hours and providing the Service Verification Form (bradleybraves.com website) signed by a supervisor. 8. The student-athlete will be required to have an evaluation at the Bradley University Health Center. The evaluation may also occur at an external agency with prior approval by the Head Athletic Trainer. Recommendations for treatment from the Bradley University Health Center or any external agency will be forwarded to the Head Athletic Trainer, Director of Athletics and Team Physician. The student-athlete must comply with the treatment recommendations in order to return to/continue competition. The student-athlete is responsible for any costs incurred for services not provided on campus or not covered by insurance. Extenuating circumstances warranting financial assistance for treatment may be considered by the Director of Athletics. Second Positive Test Result 1. Head Athletic Trainer, Team Physician and Director of Athletics (or his/her designee) will be notified. 2. Director of Athletics will notify Head Coach. 3. Head Coach, Director of Athletics (or his/her designee), Head Athletic Trainer will inform studentathlete of the positive finding. 4. Mandatory conference call with student-athlete, parent/guardian/spouse, Director of Athletics (or his/ her designee), and the Head Coach. 5. Mandatory monthly testing over the next twelve (12) months. 6. Suspended immediately upon positive notification for the number of the next scheduled athletic contests equal to 20% of the total number of regularly scheduled contests in that sport (including exhibitions and post-season games). (Again, if the positive test result is for Performance Enhancing Drugs, the suspension will increase to a one year ban from competition, consistent with the NCAA policy.) Suspension from athletic contests does not relieve student-athlete from any other responsibility as a team member, including but not limited to attendance at all practices or other team events. Any loss-of-competition sanction imposed will carry over into the following year if a positive result occurs during the off season or it is not possible to complete the sanction during the current season. 7. Mandatory 10 hours of community service to be completed within 60 days following positive test result. The student-athlete is responsible for arranging the service hours and providing the Service Verification Form (bradleybraves.com website) signed by a supervisor. 8. Referral to the Bradley University Health Center is required for an additional evaluation and followup counseling. Further counseling or other treatment may be required internally or externally. Recommendations for treatment from the Bradley University Health Center or any external agency will be forwarded to the Head Athletic Trainer, Director of Athletics and Team Physician. The student-athlete must comply with the treatment recommendations in order to return to/continue competition. The student-athlete is responsible for any costs incurred for services not provided on campus or not covered by insurance. Extenuating circumstances warranting financial assistance for treatment may be considered by the Director of Athletics.

6 Third Positive Test Result 1. Head Athletic Trainer, Team Physician and Director of Athletics (or his/her designee) will be notified. 2. Director of Athletics will notify Head Coach. 3. Head Coach, Director of Athletics (or his/her designee), Head Athletic Trainer will inform studentathlete of the positive finding. 4. Mandatory conference call with student-athlete, parent/guardian/spouse, Director of Athletics (or his/ her designee), and the Head Coach. 5. Immediate termination of team membership. 6. Recommendation for cancellation and non-renewal of athletics scholarship at the earliest possible moment consistent with Conference and NCAA rules. 7. Referral to the Bradley University Health Center is required for further evaluation and follow-up counseling. Additional counseling or other treatment may be required internally or externally. Recommendations for treatment from the Bradley University Health Center or any external agency will be forwarded to the Head Athletic Trainer, Director of Athletics and Team Physician. The student-athlete is responsible for any costs incurred for services not provided on campus or not covered by insurance. Extenuating circumstances warranting financial assistance for treatment may be considered by the Director of Athletics. First Positive Test Second Positive Test Third Positive Test Student must notify parent(s)/ guardian/spouse Conference call with studentathlete, parent/ guardian/ spouse, Director of Athletics (or his/ her designee), and the Head Coach Conference call with studentathlete, parent/ guardian/ spouse, Director of Athletics (or his/ her designee), and the Head Coach Mandatory monthly testing over the next twelve (12) months Mandatory monthly testing over the next twelve (12) months Immediate termination from the team Subject to coach/ team sanctions, including possible suspension from competition, not to exceed 10% of the total number of regularly scheduled contests Suspension from competition equal to 20% of the total number of regularly scheduled contests Recommendation for cancellation and non-renewal of athletics scholarship at the earliest possible moment consistent with Conference and NCAA rules Mandatory 10 hours of community service Mandatory 10 hours of community service ---- Evaluation at Bradley Health Center or external agency Evaluation at Bradley Health Center or external agency Evaluation at Bradley Health Center or external agency I. Immediate Termination from Team Membership: A student-athlete will be terminated from team membership upon conviction of trafficking/dealing in any illegal substance. Charges of trafficking/ dealing are subject to immediate suspension from the team pending clarification of the matter. Termination will also include a recommendation for non-renewal of any athletics scholarship. J. Referral Process: In the event of a positive test result, the student-athlete will be required to seek counseling and comply with the treatment recommendations of a drug counselor. Part of the referral process will be to sign a waiver and release of information that allows the Director of Athletics or his/her designee to contact parents/guardians and allows release of any treatment plan or recommendations to the Director of Athletics or his/her designee, Head Athletic Trainer, Team Physician, and parents/guardians.

7 This waiver will also allow the Director of Athletics or his/her designee to monitor compliance with the treatment plan. Failure to comply with the treatment recommendations of the Bradley University Health Center or external counseling agency will subject the student-athlete to suspension from the team for a period of time designated by the Director of Athletics. K. Appeal Process: Student-athletes who test positive under the terms of the Bradley Department of Athletics Drug Testing Policy will be entitled to a hearing prior to imposition of any sanction. Appeals will be heard by a three-person Appeals Committee comprised of the Team Physician, the Faculty Athletics Representative and the Associate Athletic Director/SWA (or designee). The committee will make a recommendation on each appeal to the Director of Athletics. The decision by the Director of Athletics or his/her designee regarding the sanction to be imposed will be final. Requests for a hearing must be made within forty-eight (48) hours of notification of a positive test result. 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 student-athlete may have an advocate or other representative present if the student-athlete desires. However, the studentathlete must present his or her own case. The hearing should take place no more than seventy-two (72) hours after a written request is received. 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 proceedings shall be confidential. During the appeals process, the student-athlete may continue to compete until a final decision has been rendered by the Director of Athletics or his/her designee. A student-athlete who tests positive for a banned substance by the laboratory retained by the University may, within seventy-two (72) hours following receipt of notice of the laboratory finding, contest the results of the finding. Upon the student-athlete s request for additional testing of the sample, the Director of Athletics will formally request the laboratory retained by the University to perform testing on Specimen B. The student-athlete may choose to be present at the opening of Specimen B at the laboratory. If the student-athlete does not wish to be present at the opening of Specimen B, but desires to be represented, arrangements will be made for a surrogate to attend the opening of Specimen B. The surrogate will not be involved with any other aspect of the analysis of the specimen. The studentathlete 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, subject to the results of any appeal. If Specimen B results are negative, the drug test will be considered negative. The student-athlete will be responsible for all costs associated with Specimen B analysis (e.g. laboratory cost, travel costs). L. Testing for Reasonable Cause: Bradley University Department of Athletics maintains the right to require a student-athlete to submit to testing when there is cause to do so. For purposes of this section, cause shall be defined as behavior, conduct, or performance by the student-athlete which leads the University to conclude that there is the likelihood that the student-athlete is taking or is under the influence of illegal drugs and/or banned substances. Among the indicators which may be used in evaluating a student-athlete s behavior, conduct or performance are: class attendance, significant GPA changes, athletic practice attendance, increased injury rate or illness, changes in physical appearance, academic/athletic motivational level, emotional condition, mood changes, and legal involvement. Reasonable cause may be based on information received that a student-athlete is using illegal drugs. In such a case, the determination that cause exists to require a student-athlete to submit to testing will be made only after consultation between the Director of Athletics, Head Athletic Trainer and the Head Coach. The Team Physician can be consulted if needed. All must agree that the observations, behavior, conduct or performance of the student-athlete are such that testing for cause is required to protect the health of the student-athlete, the health of others and/or to protect the integrity of the sport program.

8 Definition of Terms Chain of Custody/Urine Custody and Control Form: Procedures to account for the integrity of each urine specimen by tracking its handling and storage from the point of specimen collection to final disposition of the specimen. These procedures shall require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory and appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquot within the laboratory. Collection Container: A container into which the student-athlete urinates to provide the urine sample used for a drug test. Collection Site: A site designated by the appropriate Bradley University official, usually the head athletic trainer, where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs. Laboratory: The laboratory designated by the Bradley University Athletic Department to analyze all urine specimens from selected student-athletes for the presence of specific drugs. Medical Review Officer: A licensed physician responsible for receiving laboratory results generated by a drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual s confirmed positive test result together with his or her medical history and any other relevant biomedical information. Specimen Bottle: The bottle which after being labeled and sealed is used to transport a urine sample to the laboratory.