1 Pace University Athletics Department Drug Education and Testing Program This program is designed for the intercollegiate student-athletes at Pace University. This program is in addition to the drug education and drug testing programs required by the NCAA. Pace University reserves the right to alter, amend, or modify this Drug Testing and Education Program at any time without prior notice. This Drug Education and Testing Program (including the sanction phase) are separate and distinct from the NCAA Drug Testing program and its sanctions. A. Program Purposes The purpose of the drug education and testing program is to deter the use of drugs and: 1. To identify student athletes who are using banned substances through a testing program based on periodic testing to reveal the use of drugs; 2. To promote an education program that informs the student-athletes about drugs and drug abuse, alcohol, tobacco, and nutritional supplements. 3. In appropriate cases, to remove from our athletic programs a student athlete who is found to have violated the requirements of this policy. Resources to promote an education program for student athletes will consist of an NCAA drug testing video, speakers from the National Center for Drug Free Sports, the Resource Exchange Center (REC), and other resources that are deemed appropriate. B. BANNED DRUGS Student-athletes may use no substance belonging to the prohibited NCAA banned-drug list classes; regardless of whether it is specifically listed as an example on the NCAA banneddrug list or not (see Appendix A for banned drug classes). The specific banned-drug classes are: Stimulants, Anabolic Agents, Diuretics, Street Drugs, Peptide Hormones and Analogues. The Pace University drug-testing program may test for substances not listed on the NCAA Banned Drug Classes List and at lower cutoff levels than the NCAA testing levels. The NCAA and Pace University recognize that some banned substances are used for legitimate medical purposes. Accordingly, the NCAA and Pace University allow exceptions to be made for those participants with a documented medical history demonstrating the need for regular use of such a drug; stimulants, beta blockers, diuretics and peptide hormones. Information regarding exceptions procedures can be found at All medications prescribed by a physician should be reported to the Pace University Medical Staff prior to a notification or reporting for drug testing. These records should be continuously updated.
2 Nutritional/Dietary Supplement The NCAA stance on dietary supplements: Student-athletes should be advised that the most effective and safest way to enhance their performance is to avoid dietary/nutritional supplement products and rely on a combination of a healthy diet, appropriate conditioning, rest and recovery, and avoid using banned substances. Student-athletes should always bring all supplement products to the designated athletics staff before using, and then checking all supplements through the Resource Exchange Center, REC, staffed by the National Center for Drug Free Sport, the NCAA third party drug testing administrator. The REC is the only authoritative resource for questions related to whether listed ingredients on nutritional supplement product labels or in medications contain NCAA banned substances. Products labeled as dietary supplements sold over the counter, in print advertisements and through the internet are under-regulated by the United State FDA. Dietary supplements are at risk of contamination or may include ingredients that are banned under your drug testing policy. Student-athletes have tested positive and lost their eligibility using dietary supplements. Any product containing dietary supplement ingredients is taken at the student-athlete s own risk. To access the REC, call toll free or go to select NCAA, and insert password ncaa1,ncaa2, or ncaa3 (depending on your divisional affiliation). Right on the home page you can select Ask about Dietary Supplements or go to the Prescription/Over-the-Counter Drug Search. C. TESTING PROGRAM Each student-athlete will be given a written copy of the Pace University s Intercollegiate Athletics Drug Education and Testing Program. This will also be reviewed verbally at specific sports team meetings. Each student-athlete will be required to sign a consent form (Appendix B) acknowledging receipt and understanding of the drug testing program and providing consent to the administration of the urinalysis testing required by the program and a release of the testing information to certain people. If a student-athlete decides not to sign the consent form, please refer to Section I Failure to Sign the Consent Form. Any student-athlete under age 18 will require a parental (or legal guardian) consent on the form. The basic test to be used for drug screening is a urinalysis. This policy is not to be construed as a contract between the college and the student-athletes at Pace University. However, signed consent and notification forms shall be considered confirmation of the student-athlete s agreements to the terms and conditions contained in this policy and shall be a legal obligation of the student-athlete. Prospective student-athletes will be informed of the Pace University s drug testing policy during the recruiting process prior to attending Pace University.
3 D. SELECTION Student-athletes may be subject to testing at any time during the calendar year. Student-athletes will be selected for testing in seven ways: 1. Random testing 2. Team testing 3. Reasonable suspicion 4. Championship testing 5. Preseason testing 6. Follow up testing 7. Re-entry testing Student-athletes may be subject to testing at any time when, in the judgment of the Director of Athletics or his/her designee, there is reasonable cause to suspect the student is engaged in the use of any of the drugs prohibited by this policy. Such suspicion may be based on information from any source deemed reliable by the Director of Athletics or his/her designee, including, but not limited to: 1. Observed possession or use of substances that reasonably appear to be drugs of the type prohibited. 2. Observed abnormal appearance, conduct or behavior, including unusual patterns of absence from training, classes or competition, reasonably interpretable as being caused by the use of drugs of the type prohibited. Individualized reasonable suspicion means: if the available facts were conveyed to a reasonable person unfamiliar with the student-athlete or the athletics program, that person would conclude that there is a factual basis for determining that the student-athlete is using a prohibited drug. (See Reasonable Suspicion Drug Testing Form- Appendix C). All medications prescribed by a physician should be reported to the Athletic Training Staff prior to a notification or reporting for drug-testing. These records should be continuously updated. Student-athletes will be selected at random from official squad lists. Those who qualify for NCAA championships may also be tested prior to the championship. The Head Athletic Trainer, Associate Athletic Trainer or Assistant Athletic Trainer will notify the Head Coach who will assist in notifying the student-athletes. The athletic trainers will meet with those selected and will assist in filling of notification forms (Appendix D) which will explain the date and time of the test. Those selected will be required to report for testing at the time, date and location listed on the notification forms. Pace University will make this notification no more than 24 hours notice to student-athletes selected for drug testing. In addition, all student-athletes may be subjected to no notice testing. Student-athletes will be responsible for reporting to the designated testing site within thirty minutes of notification. These procedures are set forth to protect the integrity of the process. The testing will be an observed urinalysis using The Center for Drug Free Sport and their collection protocols and procedures. (Appendix E). The Sample will be provided under direct observation assuring the integrity of the specimen. Any manipulation, adulteration or dilution of the sample by the student-athlete will result in a positive test. As listed in item # 12, the student-
4 athlete must produce a sample with acceptable specific gravity. The student-athlete must continue to provide samples until the proper level is reached. The student-athlete may be signed out in order to attend class. If the student-athlete is excused from drug testing to attend classes, they are required to return as soon as possible for drug testing (e.g., same day) and will be required to remain at the testing station until an acceptable sample is provided. Each urine sample will be analyzed for the presence of the listed drugs by the lab designed by The National Center for Drug Free Sport. The results of the tests will be given to the Head Athletic Trainer and/or Associate Athletic Trainer who will inform the Director of Athletics of any student-athlete positive tests. E. CONFIDENTIALITY Student-athletes are assigned a numeric code which appears on all lab forms thus protecting their identities. Results of the testing will only be given to those persons that have a need to know, such as those listed on the drug testing consent form (Appendix B). As part of the treatment program, the student-athlete may be required to participate in-group educational sessions, which might affect confidentiality. F. DISCPLINARY ACTIONS FOR POSITIVE TEST RESULTS The Director of Athletics will be informed of any positive test result and the following actions will be taken: 1 st Positive 1. Notification of Head Coach. 2. Confidential meeting with director of athletics, head coach and head athletic trainer. 3. Required to sign Disciplinary Action Form (Appendix F) 4. Required additional drug testing. 5. Notification to parents/legal guardians of test results by telephone and/or in writing. 6. Suspension from a minimum of ten percent or one contest whichever is greater. This will take place during contests scheduled in the regular championship season including post season competition (not exhibition games), which would be served during the next available competition and can be carried over to the next season if necessary. Ex. 25 game schedule = 2.5 contest.5 and higher rounded up, below.5 rounded down. During the suspension the student-athlete will not be allowed to dress for the suspended contests nor travel with the team to the contests in which they are suspended. **Please note that when in-season, a student-athlete may miss more contests than the 10% suspended number as the student-athlete must retest negative before reentry into competition can be granted. 7. Additional disciplinary action as specified by the Head coach in conjunction with the Director of Athletics. 8. A student-athlete may return and be allowed to practice with the team prior to the retest if medically cleared by the team physician. The first offense is cumulative throughout the student-athlete s eligibility.
5 2 nd Positive 1. Dismissed from squad. 2. Ineligible for further intercollegiate competition. 3. Notification of parents/legal guardian by telephone and/or in writing. 4. Athletic aid will be removed as soon as possible in conformity with all university, conference and NCAA rules. 5. Athlete may appeal loss of athletic aid and permanent dismissal from team (See section J). 6. Successful appeal will still result in a certain level of suspension from athletic competition as a result of the 2 nd positive test. Following the first positive test, the student-athlete will be retested anytime within 30 days of the initial testing date. The results of this retest must be negative or at least show evidence of no drug use or it will be considered as the second positive offense. If the retest returns positive, a lab analysis of results will determine if there was new drug use since the initial testing date. Once a negative screen is obtained, any subsequent positive screens will be treated as an additional offense. All student-athletes who have tested positive for a banned substance must undergo reentry testing and the results report as negative before the student-athlete is allowed to return to competition. No student-athlete will be allowed to return to competition while the results of the most recent retest are still positive for the identified substance. After serving the imposed Athletic Department suspension, the student-athlete will undergo weekly retesting to determine if the student athlete can return to competition. The results of any subsequent retesting must be received by the Head/Associate Athletic Trainer before a student athlete can be granted re-entry into competition. This retesting will be conducted as early as possible on a weekly basis. If a student is in treatment related to substance use, the student may sign a waiver allowing the counselor to discuss with the appropriate designee of the Athletic Department Medical Team, the progress of the student to the extent that a reasonable decision about a drug re-test date and the safe resumption of play can be determined. In keeping with the Athletic Department s support of the student-athlete, the Head Coach will be informed of the date and time of the student-athlete s initial visit with counseling services and can follow-up with the student-athlete as to future counseling sessions. However, the Head Coach will not be allowed to contact counseling services to obtain any information on the status of the student-athlete. If a student is referred to Counseling Services for an Alcohol and Other Drug Assessment, the counselor who completes the assessment will provide information to the Assistant Athletic Director for Compliance as to whether or not the athlete has completed the assessment process and what is the recommendation of the assessor. Retesting A student-athlete, who has tested positive for a banned substance as outlined in this policy, will be required to undergo drug and/or alcohol retest any time within 30 days of the initial positive test. The cost of the retest is the responsibility of the studentathlete. The Director of Athletics or his/her designee shall arrange for retesting. (This test may serve as a re-entry test if the levels of the banned substance are negative and the student-athlete has met all requirements for re-entry.)
6 Follow-up Testing A student-athlete who has returned to participation in intercollegiate sports following a positive drug test under this policy will be subject to follow-up testing. Testing will be unannounced and will be required at a frequency determined by the Athletic Director of his/her designee. G. FAILURE TO REPORT FOR TESTING Any student-athlete who does not report for testing as notified will be treated as a positive test and subject to the disciplinary actions for a positive test. After being notified as to when and where to report for testing, if a student-athlete fails to show up for the test at the specified time or otherwise fails to provide the urine sample when requested, he/she will be required to meet with the Director of Athletics. At this meeting, the student-athlete will be given the opportunity to explain his/her actions. If, as a result of that meeting, the Director of Athletics determines that the reason(s) given by the student-athlete is not a good cause justifying the student-athlete s failure to participate in the testing, the student-athlete will be treated as if the test result was positive and appropriate disciplinary action will be taken. H. FAILURE TO PRODUCE AN ACCEPTABLE SAMPLE Student-athletes who report for testing will be required to stay at the testing site until an acceptable sample is provided (according to The National Center for Drug Free Sport protocol- Appendix E). Three or more dilute samples will constitute reasonable suspicion and automatic follow-up testing for the remainder of the student-athlete s eligibility. Student-athletes may be signed out to attend class (Appendix G). If a student athlete is excused from drug testing for class attendance, they are required to return to the drug testing station immediately after class for drug testing, or at a designated time if attending more than one class in succession. A student-athlete who has been excused from the drug testing station to attend class will not be allowed to participate in practice that day until an acceptable sample has been provided. Failure to return to the testing site will be treated the same as failure to report for testing as listed in Section G. I. FAILURE TO SIGN THE CONSENT FORM Participating in athletics is voluntary. To participate, a signed consent form is required. Without a signed consent form the student-athlete will not be permitted to participate and will not be permitted a scholarship. J. APPEAL PROCESS Student-athletes who test positive under the terms of the Drug Education and Testing Program will be entitled to a hearing prior to imposition of any sanction. A three person Appeals Committee comprised of the Faculty Athletics Representative, the Associate Athletics Director and an Assistant Athletic Trainer or their designees, will hear appeals. The Committee will make a recommendation on each appeal to the Director of Athletics or his/her designee regarding the sanction(s) to be imposed. All sanctions 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
7 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 student-athlete must present his or her own case. The hearing should take place no more than seventy-two (72) hours after the 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 the Director of Athletics or his/her designee has rendered a final decision. A student-athlete who tests positive for a banned substance by the laboratory retained by Pace University may, within 48 hours following receipts of notice of the laboratory finding, contest the positive findings. Upon the student-athlete s request for additional testing of the sample, the Director of Athletics of his/her designee will formally request the laboratory retained by the university to perform testing on specimen B. If a student-athlete wishes to have a presence at the opening of specimen B, the lab will assign a surrogate to be present who will attest to the sample number and the integrity of the security seal prior to the laboratory opening of the specimen B. Specimen B finding will be final, subject to the results of any appeal. If specimen B results are negative, the drug test will be considered negative. The athlete will be responsible for all costs associated with specimen B analysis (e.g. laboratory cost, travel costs) if specimen B results are positive. K. SAFE HARBOR Student-athletes are encouraged to voluntarily come forward to seek assistance with a drug related problem without punitive sanctions. Requests should be made to the head/associate athletic trainer. Any student-athlete requesting Safe Harbor will be given a request for (Appendix G) to sign that will be kept in his/her file in the athletic office. This program requires the student-athlete to ask for Safe Harbor. This will not be an option following the studentathlete s selection for drug testing or after testing positive on any preceding test. This will be the student-athletes one and only opportunity while participating in Pace University athletics. Counseling Services will be available to assist the student with problems or circumstances that the student anticipates could lead to a positive drug test and to provide appropriate referral information. Once a student athlete declares Safe Harbor: the student-athlete will: Be drug tested immediately Be referred to the Pace University Counseling Services for assessment and referral as indicated. Follow and complete the prescribed counseling/treatment plan Be retested within 30 days (Appendix H), unless it is recommended by the Athletic Department Medical team, in consultation with the athlete and his/her counselor that Safe Harbor be extended longer than the normal 30 day period. Not be eligible for randomized drug testing while in Safe Harbor, but will remain eligible for drug testing by the NCAA
8 The Pace University Athletic Department Medical Team may suspend the student-athlete from athletics participation if medically indicated. Failure to comply with any aspect of the treatment program or any subsequent positive drug test that indicates new or increased use of a banned substance will result in removal from Safe Harbor. The student-athlete will then be re-enrolled in the regular drug testing program and receive disciplinary action for a 1 st positive drug test according to the Pace University Drug Testing Policy. If in the event the 30 day retest period is extended via recommendation of the Athletic Department Medical team, the student-athlete must retest negative at the end of that extended period or the student-athlete will receive disciplinary action for a 1 st positive drug test according to the Pace University Drug Testing Policy. Upon entering Safe Harbor, if a student-athlete initially tests negative, the student-athlete will then be re-enrolled in the regular, randomly selected Pace University Drug Testing program, and the Safe Harbor option has been used and is no longer available to the student-athlete. However, if a student-athlete, upon entering Safe Harbor, initially tests positive, the student-athlete, after completing Safe Harbor, will then be re-enrolled in the regular, randomly selected Pace University Drug Testing Program and subject to unannounced follow-up testing at a frequency determined by the Athletics Director or his/her designee, in this case the Drug Testing Coordinator. The Athletics Director, Head Athletic Trainer, Assistant Athletic Trainer assigned to the studentathlete s sport, the Team Physician, and the Counseling Center may be informed of the studentathlete s request for Safe Harbor. Other university officials may be informed only to the extent necessary for the implementation of this policy.
9 Alcohol Sanctions: Any violation of the Pace University alcohol policy on or off campus by a student-athlete will result in a meeting with the head coach. Any legal conviction or continuance without a finding of a student-athlete for, DUI, DWI, public intoxication, and any crime committed under the influence of alcohol, and/or the illegal purchase (alcohol) will result in a meeting with the head coach and the director of athletics. A letter of reprimand will be placed in the student athlete s file. Any violation may also result in suspension from competition (number to be determined). Additional sanctions are possible. Tobacco Sanctions: In accordance with NCAA Bylaw , the use of tobacco products by a student-athlete is prohibited during practices and competition. A student-athlete who uses tobacco products during a practice or competition shall be disqualified for the remainder of that practice or competition. In addition, the use of tobacco products is prohibited at any official University events, University vehicles and buses and University buildings (specifically classrooms). If the tobacco violation occurs outside of a practice or competition site, the sanctions will be determined by the head coach with a possible meeting with the athletic director. Additional sanctions are possible.
10 APPENDIX A NCAA Banned Drugs The NCAA bans the following classes of drugs: A. Stimulants B. Anabolic Agents C. Alcohol and Beta Blockers (banned for rifle only) D. Diuretics and Other Masking Agents E. Street Drugs F. Peptide Hormones and Analogues G. Anti-estrogens H. 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: A. Blood Doping. B. Local Anesthetics (under some conditions). C. Manipulation of Urine Samples. D. Beta-2 Agonists permitted only by prescription and inhalation. E. Caffeine if concentrations in urine exceed 15 micrograms/mi. NCAA Nutritional/Dietary Supplements Warning: Before consuming any nutritional/dietary supplement product, review the product with your athletics department staff! Dietary supplements are not well regulated and may cause a positive drug test result. Student-athletes have tested positive and lost their eligibility using dietary supplements. Many dietary supplements are contaminated with banned drugs not listed on the label. Any product containing a dietary supplement ingredient is taken at your own risk. It is your responsibility to check with the appropriate athletics staff before using any substance.
11 Some Examples of NCAA Banned Substances in Each Drug Class NOTE: There is no complete list of banned drug examples!! APPENDIX A (continued) Check with your athletics department staff before you consume any medication or supplement. Stimulants: amphetamine (Adderall); caffeine (guarana); cocaine; ephedrine; fenfluramine (Fen); methamphetamine; methylphenidate (Ritalin); phentermine (Phen); synephrine (bitter orange);etc. exceptions: phenylephrine and pseudoephedrine are not banned. Anabolic Agents- (sometimes listed as a chemical formula, such as 3,6,17-androstenetrione) boldenone; clenbuterol; DHEA; nandrolone; stanozolol; testosterone; methasterone; androstenedione; norandrostenedione; methandienone; etiocholanolone; trenbolone; etc. Alcohol and Beta Blockers (banned for rifle only): alcohol; atenolol; metoprolol; nadolol; pindolol; propranolol; timolol; etc. Diuretics (water pills) and Other Masking Agents: bumetanide; chlorothiazide; furosemide; hydrochlorothiazide; probenecid; spironolactone ( canrenone ); triameterene; trichlormethiazide; etc. Street Drugs: heroin; marijuana; tetrahydrocannabinol (THC)- no other substances are classified as NCAA street drugs. Peptide Hormones and Analogues: growth hormone(hgh); human chorionic gonadotropin (hcg); erythropoietin (EPO); etc. Anti-Estrogens: anastrozole; tamoxifen; formestane; 3,17 -dioxo-etiochol-1,4,6-triene(atd), etc. Beta-2 Agonists: bambuterol; formoterol; salbutamol; salmeterol; etc. Any substance that is chemically related to the class of banned drugs is also banned! (unless otherwise noted) NOTE: Information about ingredients in medications and nutritional/dietary supplements can be obtained by contacting the Resource Exchange Center, REC, or password ncaa2 It is your responsibility to check with the appropriate athletics staff before using any substance.
12 APPENDIX B PACE UNIVERSITY DEPARTMENT OF ATHLETICS 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 Drug Education & Testing Program implemented for the Department of Intercollegiate Athletics at Pace University. I understand the policies, procedures and my responsibilities as described in such policy. As a condition to my participation in intercollegiate athletics at Pace University, I consent to participate in the 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 drugs, alcohol, and/or other banned substances. I further consent to the release of the results of any random drug test to the Director of Athletics or his/her designee, my Head Coach, the Head Athletic Trainer and/or Associate Athletic Trainer, Team Physician, my parent(s) or guardian(s), counseling services, and Appeals Committee, only in the event of an appeals request. In the event of Safe Harbor is declared, I consent to the release of the results of drug testing to the Director of Athletics or his/her designee, the Head Athletic Trainer and/or Associate Athletic Trainer, and counseling services, if requested. 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 Drug Education and Testing Program. To the extent set forth in this document, I waive any privilege I may have in connection with such information. I fully understand that the Pace University Drug Education and Testing program is separate and distinct from the NCAA drug-testing program and its sanctions; however, I also understand that sanctions may be imposed by Pace University under its Drug Education and Testing Program upon a positive result under the NCAA drug-testing program. Notwithstanding anything to the contrary in the policy, I fully understand that I may be suspended from competition and/or practice by the team physician if credible evidence suggests that such competition and/or practice poses a health and safety risk to myself, my teammates, and/or my competitors. Pace University, 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, right of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from my participation in Pace University s Drug Education and Testing Program including those claims, demands, rights of action, or
13 causes of action arising out of any positive result under such Drug Education and Testing Program. Student-Athlete Signature Printed Name of Athlete University Identification Number Parent/Guardian Signature (if a minor) Date Date of Birth Sport(s) Date
14 APPENDIX C PACE UNIVERSITY DEPARTMENT OF ATHLETICS DRUG TESTING REASONABLE SUSPICION REPORTING FORM I,, under the reasonable suspicion clause (Pace University Athletic Depart. Staff Member) that is outlined in the Pace University Drug Education and Drug Testing Policy, report the following objective sign(s), symptom(s) or behavior(s) that I reasonably believe warrant be referred to the Director of Athletics or his/her designee (Name of student-athlete) for possible drug testing following sign(s), symptom(s) or behavior(s) were observed by me over the past hours and/or days. Please check below all that apply: The Student-Athlete has shown: irritability loss of temper poor motivation failure to follow directions verbal outburst (e.g. to faculty, staff, teammates) physical outburst (e.g. throwing equipment) emotional outburst (e.g. crying) weight gain weight loss sloppy hygiene and/or appearance The Student-Athlete has been: late for practice late for class not attending class receiving poor grades staying up too late missing appointments missing/skipping meals
15 The Student-Athlete has demonstrated the following: dilated pupils constricted pupils red eyes smell of alcohol on the breath smell of marijuana staggering or difficulty walking constantly running and/or red nose recurrent bouts with a cold or the flu (give dates ) overstimulated or hyper excessive talking withdrawn and/or less communicative periods of memory loss slurred speech recurrent motor vehicle accidents and/or violations (give dates ) recurrent violations of Pace University Student Code of Conduct Other specific objective findings include: Signatures (Print Name of Athletic Dept. Staff) (Signature of Athletic Dept. Staff) (Date) Reviewed by: (Director of Athletics/Designee) (Date) Reasonable suspicion finding upheld Reasonable suspicion finding denied
16 APPENDIX D PACE UNIVERSITY DRUG TESTING AND EDUCATION PROGRAM NOTIFICATION FORM Student Athlete: Sport: Notification Date: Time of Notification: I have been notified to report for drug testing am at the with a picture ID card. -- I understand that failure to appear at the testing site on or before the designated time will be considered the same as testing positive with the same results. -- I understand I must remain at the testing station until I provide an adequate specimen as indicated by the testing lab protocol. -- It is best not to use the restroom upon waking up prior to the test. -- I will be prepared to provide an adequate specimen and will not over hydrate (Do not drink too many fluids). I understand that providing three consecutive unacceptable diluted specimens will cause me to be selected for follow-up testing at all the departmental random tests done for one year from the date of this test. I understand that I will have to stay at the testing site until an acceptable sample is provided. If you have difficulty providing an acceptable specimen you may be signed out to attend class but will be required to return to the testing site after class. Student-Athlete Name (Print) Student-Athlete Signature: Date: I am currently taking the following medication(s) prescribed by a Physician. I can be reached at the following telephone number on the test day: Signature of person providing notification:
17 THE NATIONAL CENTER FOR DRUG FREE SPORT, INC. APPENDIX E Sport Drug-Testing Collection Protocol 1. Upon entering the collection station, the athlete will provide photo identification and/or a client representative/site coordinator will identify the athlete and the athlete will officially enter the station. 2. The athlete will select a sealed collection beaker from a supply of such and will record his/her initials on the collection beaker's lid. 3. A collector, serving as validator, will monitor the furnishing of the specimen by observation in order to assure the integrity of the specimen until a volume of at least 50 ml is provided (100 ml if testing for anabolic steroids). 4. Validators who are of the same gender as the athlete must observe the voiding process and should be members of the official drug-testing crew. The procedure does not allow for validators to stand outside the immediate area or outside the restroom. The athlete must urinate in full view of the validator (validator must observe flow of urine). The validator must request the athlete raise his/her shirt high enough to observe the midsection area completely ruling out any attempt to manipulate or substitute a sample. 5. Athletes may not carry any item other than his/her beaker into the restroom when providing a specimen. Any problem or concern should be brought to the attention of the collection crew chief or client representation for documentation. Athletes will rinse and dry hands, with water only, prior to urination, and wash with soap and water following urination. 6. Once a specimen is provided, the athlete is responsible for keeping the collection beaker closed and controlled. 7. Fluids and food given to athletes who have difficulty voiding must be from sealed containers (approved by the collector) that are opened and consumed in the station. These items must be caffeine- and alcohol-free and free of any other banned substances. 8. If the specimen is incomplete, the athlete must remain in the collection station until the sample is completed. During this period, the athlete is responsible for keeping the collection beaker closed and controlled. 9. If the specimen is incomplete and the athlete must leave the collection station for a reason approved by the collector, specimen must be discarded. 10. Upon return to the collection station, the athlete will begin the collection procedure again. 11. Once an adequate volume of the specimen is provided, the collector who monitored the furnishing of the specimen by observation will sign that the specimen was directly validated and a collector will check the specific gravity and if in range measure the ph of the urine in the presence of the 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 athlete. The athlete must remain in the collection station until another specimen is provided. The athlete will provide another specimen.
18 APPENDIX F PACE UNIVERSITY ATHLETICS DEPARTMENT DRUG TESTIGN PROGRAM DISCIPLINARY ACTION FORM I, understand that on, I was found to have a positive drug screen for, Following a meeting with and I understand that: -- I will be retested anytime within 30 days from today s date noted below with our signatures. I must retest again within that time. If that retest is positive and shows evidence of new drug use, it will be considered my second positive offense which calls for 1) dismissal from my team, 2) ineligible for further competition, notification of parents/legal guardian in writing, 3) Athletic aid being removed as soon as possible in conformity with all university, conference and NCAA rules. -- I understand that each retest must show a negative test or evidence of no new drug use or it will be considered as a second positive offense. -- My parents or legal guardians will be notified by telephone and/or writing of the results of my positive test. -- My head coach will be notified of my positive drug test. -- I will be suspended from a minimum of 10 percent of the regularly scheduled contests for my sport. -- This suspension may be longer than the above 10 percent of regularly scheduled contests as I must retest as negative for the substance in question before re-entry into competition can be granted. -- I will be referred and required to meet with counseling services. -- I will follow and complete the prescribed counseling/treatment plan -- If I fail to complete or comply with the prescribed treatment/drug testing plan, I understand that it will be considered a second positive drug test with all the penalties and sanctions thereof. -- My Head Coach will be informed of the date and time of my initial visit with counseling services and will follow-up with me as to future counseling sessions. -- For the rest of my intercollegiate eligibility I will not only be randomly drug tested but I will be follow-up drug tested at a frequency prescribed by the counselor of Pace University Medical Team. --I understand that the first offense of the positive test is cumulative throughout my eligible career at the university and I understand the consequences of a second positive drug test. I have read, understand and agree to comply with the above. Student-Athlete Name (Print) Student Athlete (Signature) Date Parents Contacted Date By Letter
19 APPENDIX G PACE UNIVERSITY DRUG TESTING AND EDUCATION PROGRAM SAFE HARBOR REQUEST FORM Student Athlete: Sport: Date of Request: Time of Request: I know that once I declare Safe Harbor : -- I will be tested for drugs immediately -- I will be evaluated by the Pace University Counseling Services and/or Pace University Medical Team -- I will follow and complete the prescribed counseling/treatment plan -- I will follow-up drug tested at a frequency prescribed by the counselor of the Pace University Medical Team -- If I fail to complete or comply with the prescribed treatment/drug testing plan, I will be removed from Safe Harbor and this will constitute a first positive drug test with all the sanctions/penalties that apply -- I will remain in Safe Harbor for a period of time not to exceed 30 days or until released by the counselor and/or Pace University Medical Team -- I will not be eligible for randomized drug testing while in Safe Harbor, but will remain eligible for drug testing by the NCAA -- I may be suspended from athletic participation by the Pace University Medical Team if medically indicated -- I will be removed from Safe Harbor for failure to comply with any aspect of the counseling program or any subsequent positive drug test indicating new or increased use of a banned substance and this will constitute a 1 st positive drug test -- The Athletics Director, Head Athletic Trainer, Associate Athletic Trainer, Assistant Athletic Trainer assigned to the student-athlete s sport, the Team Physician, and the counselor may be informed of the student-athlete s request for Safe Harbor Student-Athlete Name (Print) Student Athlete Signature: Date: I am requesting Safe Harbor due to the following drugs I have used: I can be reached at the following telephone number on the test day: Signature of person Safe Harbor request made to:
20 APPENDIX H 30-Day Notice (Safe Harbor) According to Pace University Athletics Drug Testing Policy following a Safe Harbor request the student-athlete will be subjected to an immediate drug test. While in Safe Harbor, each retest must show a negative test or evidence of a no new drug use or it will be considered as a first positive offense. Therefore, I understand that I will be subjected to an immediate drug test and will be retested within 30 days from today s date noted below with our signatures. I must retest again at that time. If that retest is positive or shows evidence of new drug use, it will be considered my first positive offense which calls for: 1. Confidential meeting with Director of Athletics, Head/Associate Athletic Trainer. 2. Required to sign Disciplinary Action Form (Appendix F) 3. Required additional drug testing. 4. Notification to parents/legal guardians of test results by telephone and/or in writing. 5. Notification of Head Coach. 6. Suspension from a minimum of ten percent or one contest whichever is greater. This will take place during contests scheduled in the regular championship season including post season competition (not exhibition games), which would be served during the next available competition and can be carried over to the next season if necessary. Ex. 25 game schedule = 2.5 contest.5 and higher rounded up, below.5 rounded down. During the suspension the student athlete will not be allowed to dress for the suspended contests nor travel with the team to the contests in which they are suspended. **Please note that when in-season, a student-athlete may miss more contests than the 10% suspended number as the student-athlete must retest negative before reentry into competition can be granted. 7. Additional disciplinary action as specified by the Head Coach in connection with the Director of Athletics 8. Referred to Pace University Counseling Services. If Pace University Counseling Services refers a student-athlete for outside counseling service, expenses are initiated through the student-athlete s health insurance coverage. Student-Athlete Name (Print) Student-Athlete Signature Date Witnessed by: Director of Athletics Athletic Trainer
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