UNIVERSITY OF THE INCARNATE WORD. Athletic Department. Substance Abuse Policy and Procedure Program

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1 UNIVERSITY OF THE INCARNATE WORD Athletic Department Substance Abuse Policy and Procedure Program Adopted - Summer 2003 Revision Dates: September 2004 July 2005 July 2006 July 2009 July 2010 April 2011 July 2012 July 2013

2 This policy is applicable to intercollegiate student-athletes enrolled at the University of the Incarnate Word. In addition to this Substance Abuse Policy and Procedure Program, all enrolled student-athletes at the University of the Incarnate Word are bound by the University of the Incarnate Word Student Code of Conduct located at This policy and procedure program is a supplement to the UIW Student Code of Conduct. In the event of any conflict between this policy and the UIW Student Code of Conduct, the UIW Student Code of Conduct takes precedence. It is the responsibility of each student-athlete to read, understand and follow this program as well as the UIW Student Code of Conduct. Statement of Policy This policy shall be known as the University of the Incarnate Word Substance Abuse Policy and Procedure Program. The use of banned/illegal drugs identified by the NCAA, US Federal and Texas State Government by intercollegiate student-athletes at the University of the Incarnate Word presents a serious threat to the safety and health of the individual using the substances or doing such acts, their fellow players, colleagues, and the general public. Consistent with this acknowledgement, University of the Incarnate Word has determined that it will provide a drug-free athletic department and sports teams. It is the policy of University of the Incarnate Word that all student-athletes be free of drugs. Student-athlete is defined as a student enrolled at the University and placed on a squad list or participating in countable athletically related activity as defined by the NCAA and either has eligibility remaining; or is red shirting. The unlawful manufacture, distribution, dispensation, possession, or use of a banned/illegal substance is prohibited by the University of the Incarnate Word. As a condition of being a University of the Incarnate Word student athlete, all student-athletes will abide by the terms of this policy, its rules and procedures. The University of the Incarnate Word reserves the right to make changes to this policy as needed, and this policy should not be construed to create a contract between the studentathlete and The University of the Incarnate Word. Please note, this policy represents The University of the Incarnate Word substance abuse/testing policy, which is separate and distinct from the NCAA drug-testing program (including all sanction phases). The University of the Incarnate Word reserves the right to alter, amend, or modify this Substance Abuse Policy and Procedure Program at any time with or without notice to the student-athlete, coaches, compliance officer(s), sports medicine personnel, and/or athletics administration staff. In order to further its goal of obtaining a drug free environment, the University of the Incarnate Word Athletic Department has decided to implement a drug-testing program. University of the Incarnate Word believes that this program will help discourage substance abuse and reduce injuries, accidents, health care costs and other drug related problems. A drug testing program will operate as a deterrent to those individuals who might be tempted

3 to try drugs for the first time or who currently use drugs. Finally, this program will enhance the safety and health of the student-athlete by fostering the early identification and referral for treatment of student-athletes with drug abuse problems. Any student-athlete required to undergo a drug test will, upon written request, have access to any records relating to their drug test and any relevant laboratory certification records. Statement of Education Substance Abuse Education is designed to provide student-athletes with information relative to substance abuse. The major focus is prevention. The university will plan, coordinate, and implement the substance abuse education program. Educational techniques could include substance abuse education seminars, guest lecturers, and current printed materials relative to substance abuse. The Athletics Director (or designee) will contact all persons to be involved in the educational program. Student-athletes will be required to attend one (1) Substance Abuse Education session each semester of the traditional Academic Year. Failure to attend will result in sanctions on the student-athletes as determined by the Athletic Director. Statement of Rules University of the Incarnate Word Athletic Department establishes the following rules applicable to ALL student-athletes. University of the Incarnate Word policy requires all student-athletes to comply with the drug testing program set forth in this policy. The National Center for Drug-Free Sport assists University of the Incarnate Word with governing the procedure for testing under this policy. 1. A student-athlete must be physically qualified to perform the tasks assigned to them. A person is not physically qualified to perform their assigned work if he/she: a. Uses any banned-drug class as defined by this policy, and/or any federal or state governmental agency, except if such use consists of a substance prescribed by a licensed physician familiar with the individual s medical history and involvement with University of the Incarnate Word, and, for student-athletes, such use, in combination with the sport, is approved by the physician; or b. Fails to meet the drug testing requirements under this policy. 2. No student-athlete may be involved with University of the Incarnate Word athletic activities and possess, be under the influence of, or use any drug or other substance identified under this policy as a banned/illegal drug or any controlled substance regardless of whether or not the individual may safely perform with the exception of the possession or uses of a substance prescribed by a licensed physician who has advised the individual that the substance will not 3

4 affect the individual s ability to safely function in their role as a safe, skilled and competent student-athlete. 3. No student-athlete shall be in possession of an intoxicating beverage, regardless of its alcoholic content while involved with athletic activities unless prescribed by a physician. Cold medications are exempt from this category. 4. No student-athlete shall be involved with athletic activities if their general appearance or conduct (i.e. slurred speech, poor balance, etc.) indicates the use of a banned/illegal substance or intoxicating beverage. 5. The use of tobacco products by a student-athlete is prohibited during practice 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 (NCAA Bylaw ). 6. Many nutritional/dietary supplements contain University of the Incarnate Word banned substances. In addition, the U.S. Food and Drug Administration (FDA) does not strictly regulate the supplement industry; therefore purity and safety of nutritional/dietary supplements cannot be guaranteed. Impure supplements may lead to a positive drug test. The use of supplements is at the studentathlete s own risk. Student-athletes should contact their institution s team physician or athletic trainer for further information. 7. A student-athlete of University of the Incarnate Word who tests positive for the use of a banned/illegal substance will be medically and physically unqualified to function as a student-athlete, and is subject to sanctions as outlined in this policy. Substances Tested A. Controlled Substances Although the rules set forth in Section Statement of Rules apply to all controlled substances, the drug testing required under this policy shall, until further notice, analyze an individual student-athlete s urine to test for the presence of the following substance(s): Banned Drug Classes as listed by the NCAA under Bylaw (Appendix B) University of the Incarnate Word reserves the right to test for substances not contained on the NCAA banned-drug list and may test at cut off levels that are more stringent from the NCAA program. B. Prescribed Medications Any student-athlete taking a prescribed medication will be required to notify the Head Athletic Trainer or a member of the staff of the Sports Medicine Department at the University of the Incarnate Word prior to the taking of any required drug test. The individual will also be required to provide a statement from their physician that the taking of the medication will not impair the safe performance, skill and judgment of the student-athlete s performance or duties or create a reasonable possibility of future harm to the student-athlete or the general public. 4

5 University of the Incarnate Word reserves the right to obtain an independent medical opinion to analyze the relationship between the drug use and the ability to perform, as well as any underlying medical condition, which necessitates the use of the medication. A student-athlete will not be disciplined if it is determined that a positive test result is due to a medication prescribed by a licensed physician. However, the individual will first have to establish that the substance was prescribed by a licensed physician familiar with the individual s medical history and sports involvement. This includes any medical exceptions claimed by the student-athlete in accordance with NCAA bylaws involving any substances included in the following banned drugs: stimulants, beta blockers, diuretics, anti-estrogens, anabolic agents (steroids), and peptide hormones. One common exception includes ADHD medication which must be disclosed to the athletics department PRIOR to any announced drug test. University of the Incarnate Word further reserves the right to place any student-athlete taking prescribed medication on a medical suspension until the individual provides the information described above. Tests Required A. Annual Pre-Registration Testing Any person registering to participate as an intercollegiate student-athlete with University of the Incarnate Word may be required to undergo a urine test for the presence of any drug classes as part of the annual physical. Any registrant who tests positive as a result of the annual preregistration drug test or refuses to undergo a test will be subject to sanctions as outlined in this policy. B. Random Testing Safety and security considerations mandate that all student-athletes be subject to random drug testing. University of the Incarnate Word shall make every effort to assure the strict random nature of this testing. The volume and frequency of random testing shall be determined by University of the Incarnate Word without notice to student-athletes. No one person will have discretion in deciding which student-athlete should be tested. The selected agency to administer and test for substance abuse will be designated to randomly select eligible student-athletes for substance abuse testing. Student-athletes may be tested year round. Student-athletes may be subjected to more than one test a year as they will then be placed back into the pool with the remaining studentathletes for the following months. Student-athletes selected are to be tested according to the procedures set out in this policy. 5

6 Up to one hundred percent (100%) of the student-athletes may be tested during any one-year period and student-athletes may be selected multiple times during that one year period. Random testing shall be in addition to all other testing requirements herein provided. C. Reasonable Suspicion Testing Whenever University of the Incarnate Word has reasonable suspicion to believe that the actions, appearance or conduct of a student-athlete are indicative of the use of a banned drug class, the student-athlete will be required to undergo a urine test for the presence of a banned/illegal drug at University of the Incarnate Word s request. Any student-athlete who refuses to undergo a drug test under such circumstances may be subject to sanctions as outlined in this policy. If reasonable suspicion exists, a University of the Incarnate Word representative will transport the individual to the athletic training room on campus where the collection procedure will begin. (Please see Drug-Testing Collection Protocol section.) Any individual failing to cooperate will be subject to the sanctions as outlined in this policy. The conduct or circumstances constituting reasonable suspicion must be witnessed by at least one (1) university representative. The representatives shall receive training in the identification of actions, appearance or conduct of a student-athlete, which are indicative of the use of a controlled substance. The representative who has reasonable suspicion to believe that a student-athlete is using a controlled substance will be required to complete a Report of Intoxication (Appendix C), which will be forwarded to the team physician or his/her designee for review and consideration. D. Team Testing A minimum of 3 student-athletes from a single athletic team s roster up to 100% of the athletic team s roster may be selected at any time for testing whenever University of the Incarnate Word deems necessary. These student-athletes may be selected by their coach, an athletics department administrator, a sports medicine staff member, or may be selected randomly. E. Re-entry Testing After a student-athlete has tested positive for a banned substance and serves the sanctions as outlined in this policy, if the opportunity for reinstatement is offered, the student-athlete must re-test prior to any reinstatement by the Athletic Director. In evaluating the request for reinstatement, the Athletic Director may consult with the Team Physician. The student-athlete will not be granted reinstatement until: 1) the results of the re-test are received by the university and confirmed; and 2) the re-test results are negative. For this re-test, the student-athlete will report to the athletic training room at a time designated by the Athletic Director or his/her designee. The individual will then follow the guidelines for the collection procedure as outlined in this policy. If the individual refuses to re- 6

7 test at the specific time, or fails to appear at the specific time, the student-athlete will not be reinstated. If, after the student-athlete re-tests, the results of the re-test come back as positive, the individual will be treated as having tested positive for the second time and will be afforded all sanctions for such a second offense as outlined in this policy. F. Post-Suspension/Follow-up Testing Any student-athlete who is reinstated after a positive test shall be subject to unannounced drug testing at any time during their remainder athletic eligibility and participation. Notification Process for Required Tests For each test listed above, the student-athlete, individuals or team that is chosen will be notified according to this procedure. Only the Athletic Director/designee may make an official announcement of collection notification. Coaches may tell their team/student-athletes that they will be tested, but until official notification is received from the Athletic Director/designee, the notification is not considered official. The Head Athletic Trainer will receive the list identifying who has been selected. The Head Athletic Trainer will officially contact the Head Coach for that particular student-athlete s sport or for that coach s team. Once officially notified, the Head Coach and Head Athletic Trainer will then coordinate together to contact the student-athlete(s). Acceptable forms of notification include in-person (face-to-face), telephone (cell), voice mail, text messaging, and (utilizing the university s system). Social media (Facebook, MySpace, etc.) will NOT be an acceptable form of notification. The student-athlete(s) will receive written information, via paperwork or (utilizing the university s system), about the collection date, time, and place from the Head Athletic Trainer, along with any other pertinent information. The student-athlete(s) must then report to the appropriate collection facility or location at the designated time and await completion of the collection procedure. Failure to arrive/show-up at the appropriate collection facility or location at the designated time will be deemed a positive test and sanctions will be enforced according to this policy. Failure to remain on-site at the collection facility until released by the site coordinator will be deemed a positive test and sanctions will be enforced according to this policy. Any student-athlete failing to cooperate with the procedures described above will be subject to sanctions as outlined in this policy. Specimen Collection and Testing Procedures All persons designated or regarded to undergo a drug test will be required to provide a urine sample at a designated collection site and that collection will be an observed collection. 7

8 Any attempt to adulterate, alter or substitute a specimen for the purpose of cheating a drug-test will be considered as providing a positive urine sample and will then be subjected to the sanctions outlined in this policy. A student-athlete who leaves the designated collection site without release from the site coordinator will cause the student-athlete to be treated as providing a positive urine sample and will be subjected to the sanctions outlined in this policy. A student-athlete who leaves the designated collection site without providing an acceptable or complete urine sample will cause the student-athlete to be treated as providing a positive urine sample and will be subjected to the sanctions outlined in this policy. The collection, handling and laboratory testing of all urine specimens shall be performed in accordance with all applicable Drug Free Sports programs. All specimen collection and laboratory testing shall be performed by a trained specimen collection agent and a certified testing laboratory in accordance with applicable regulations. Any specimen testing negative on an initial or confirmatory test will be reported as negative. The only specimens reported as positive will be those which have been confirmed as positive by the required confirmatory testing method under the regulations, or as otherwise set forth in this policy. The following is the collection protocol which will be followed for all student-athletes. 1. Only those persons authorized by the client representative and certified collector will be allowed in the collection room. The certified collector and client representative will determine the release of a selected student-athlete from the collection room prior to completing the specimen collection process. 2. Upon arrival, student-athlete will provide photo identification and/or a client representative will identify the student-athlete. The student-athlete will then print his/her name and arrival time on the Roster Sign-In Form. 3. The student-athlete will select a Custody & Control Form (CCF) from a supply of such and work with collector and client representative to complete necessary information before proceeding with the specimen collection process. 4. The student-athlete will select a specimen collection beaker from a supply of such and will be escorted by a collector (same gender) to the restroom to provide a specimen. The student-athlete may place a unique barcode or inscribe their initials onto the beaker. 5. The collector will directly observe the furnishing of the urine specimen to assure the integrity of the specimen. 6. The student-athlete will be responsible for keeping the collection beaker closed and controlled. 7. Fluids and food given to student-athletes who have difficulty voiding must be from sealed containers (approved by the collector) that are opened and consumed in the station. These items must be free of any other banned substances. 8

9 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 certified collector and client representative, specimen must be discarded. 10. Upon return to the collection room, the student-athlete will begin the collection procedure again. 11. Once an adequate volume specimen is provided; the collector will escort the studentathlete to the specimen processing table. 12. The specimen collector will instruct the student-athlete to closely observe the specimen processing steps and will then measure the specific gravity. 13. If the urine has a specific gravity below 1.005, no value will be recorded on the CCF and the specimen will be discarded by the student-athlete with the collector observing. The student-athlete must remain in the collection station until another specimen is provided. The student-athlete will provide another specimen. 14. If the urine is concentrated (1.005 SG or higher), the specimen processor will record the specific gravity value on the CCF and then measure the urine s ph If in range ( inclusive), the specimen processor will record the ph value on the CCF in the appropriate area. If the student-athlete has a ph greater than 7.5 or less than 4.5, the specimen will be discarded by the student-athlete with the collector observing. The student-athlete must remain in the collection station until another specimen is provided. The student-athlete will provide another specimen. 15. Once the specimen processor has determined the specimen has a specific gravity above and a ph between 4.5 and 7.5 inclusive, the sample will be processed and sent to the laboratory. 16. If the laboratory determines that a student-athlete s sample is inadequate for analysis, at the client s discretion, another sample may be collected. 17. If a student-athlete is suspected of manipulating specimens (e.g., via dilution, substitution), the collector will collect another specimen from the student-athlete. 18. Once a specimen has been provided that meets the on-site specific gravity and ph parameters, the student-athlete will select a sample collection kit from a supply of such. 19. The specimen processor will open the kit, demonstrate to the student-athlete the vials are securely sealed, open the plastic, and open the A vial lid. The processor will pour the urine into the A and B vials and close the lids. The specimen processor should pour urine into vials above the minimum volume level (35 ml in A vial; 15 ml in B vial) and pour as much urine as possible into vials using care not to exceed the maximum levels (90 ml in A vial; 60 ml in B vial). 20. The specimen processor will securely close the lids on each vial and then seal each vial using the vial seals attached to the CCF; assuring seals are tightly adhered to the vials with no tears or loose areas. 21. The specimen processor must then collect all necessary signatures (collector, donor, witness, and collector/specimen processor) and dates/times where indicated on the CCF. 9

10 22. The specimen processor will place the laboratory copy of the CCF in the back pouch of the plastic bag and the vials the front pouch of the same bag. The bag should then be sealed. The sealed bag with vials will then be placed in the sample box. The box will then be sealed. 23. The student-athlete is then released by the collector. 24. All sealed samples will be secured in a shipping case. The collector will prepare the case for forwarding. When two split samples are collected and packaged, care must be taken to assure one sample is placed in the shipping container for shipment to the drugs of abuse laboratory and one sample is placed in the shipping container for shipment to the anabolic steroids laboratory. 25. After the collection has been completed, the samples will be forwarded to the laboratory and copies of any forms forwarded to the designated persons. 26. The samples become the property of the client. 27. If the student-athlete does not comply with the collection process, the collector will notify the client representative and Drug Free Sport. Test Results A. Notification of Positive Test Result to Athletic Trainer All positive test results will be reported by the laboratory to University of the Incarnate Word s Head Athletic Trainer. In order to assure that student-athletes are not being harmed by the possibility of any positive test results caused by prescribed medication, the head athletic trainer will explore possible alternative medical explanations for the positive test result. If the confirmed positive test result could have resulted from a legally prescribed medication, the head athletic trainer will review all medical records made available by the tested student-athlete or otherwise in the possession of the University of the Incarnate Word. If necessary, the Head Athletic Trainer will consult with the Team Physician about any legally prescribed medication which may have caused the positive test. The student-athlete may be contacted to discuss the positive test results with the head athletic trainer. In such instance, the head athletic trainer will contact the student-athlete directly, on a confidential basis, to determine whether the individual wishes to discuss the test result. The head athletic trainer may verify a test as positive without having communicated directly with a student-athlete about the results: 1. If the student-athlete expressly declines the opportunity to discuss the test; or 2. If, within three consecutive days after the last documented attempt by the University of the Incarnate Word to contact the student-athlete instructing the individual to contact the head athletic trainer, the student-athlete has not done so. If a test is verified as positive because of the student-athlete s failure to contact the head athletic trainer (No. 2 above), the student-athlete will have the opportunity to provide the head athletic trainer with evidence documenting that serious illness, injury or other circumstances 10

11 which are unavoidable, prevented him or her from timely contacting the head athletic trainer. The head athletic trainer, on the basis of such information, may reopen the verification and allow the student-athlete to present information concerning a legitimate explanation for the confirmed positive test. If the head athletic trainer concludes that there is a legitimate explanation, the head athletic trainer will declare the test to be negative. If the head athletic trainer determines that there is a legitimate medical explanation for the positive test result, the head athletic trainer will report the results to University of the Incarnate Word as negative. The head athletic trainer will also report as negative any test result that is not supported by sufficient quality control, inspection reports or other scientific data. If, the head athletic trainer, after completing his or her review finds no legitimate medical explanation for the positive test result, then he or she shall verify the positive test result and shall contact the Athletic Director and Dean of Campus Life in order to take official action. B. Notification of Positive Test Results to Student-Athlete Any student-athlete with a positive test result will be notified of the positive test result. The following outlines the time frame and notification process: 1. Receipt of confirmed positive test from laboratory to the Head Athletic Trainer and/or Athletic Director or designee. 2. The Head Athletic Trainer/Athletic Director or designee notifies the Dean of Campus Life/designee, the student-athlete s Head Coach, and the Athletic Compliance Officer. 3. The Head Athletic Trainer or the Athletic Compliance Officer contacts the studentathlete in person or by telephone at the telephone number on file with the Athletics Department. Voice messages requesting the student-athlete return the phone call may be left. a. Efforts to contact will be begin within the first business day that the Head Athletic Trainer/Athletic Director or designee receives the test results from the laboratory. Contact will be attempted at least one (1) time per day for up to three (3) consecutive business days. 4. If attempts to contact the student-athlete are unsuccessful or otherwise the studentathlete does not return contact after three (3) business days, the test results shall be deemed positive. 5. A student-athlete that receives notification of a positive result may: a. Confirm the positive result. b. Challenge the positive finding as set out in the Appeal Process section below. Appeal Process A student-athlete may appeal a confirmed positive test. Complaints regarding the laboratory, the laboratory s procedures, and the laboratory s certification will not be heard. A. Student-Athlete appeals not involving a laboratory confirmation of a positive test result (ie. No-show to a collection, etc.) 11

12 1. A student-athlete with a positive test under this policy may, within 24 hours (excluding Saturday, Sunday, and holidays) following notification of a positive results from the Athletic Director/designee or the Head Athletic Trainer, appeal the positive findings. The appeal will be heard by a committee comprised of the Director of Athletics/designee, Dean of Campus Life/designee, and the Athletics Compliance Officer. The student-athlete must present his/her case to the Committee. The hearing shall include an opportunity for the student-athlete to present evidence. Only the student-athlete and no others may present evidence and attend the hearing or otherwise be present during the hearing. The hearing will remain confidential. 2. Decision of the Committee a. The decision of the Committee is final. B. Student-Athlete appeals involving a laboratory confirmation of a positive test result 1. A student-athlete with a confirmed positive test under this policy may, within 24 hours (excluding Saturday, Sunday, and holidays) following notification of a positive result from the Athletic Director/designee or the Head Athletic Trainer, contest the finding of the primary sample (A-sample). Upon the student-athlete s request to the Athletic Director/designee or Head Athletic Trainer, testing of the B-sample may occur. In this instance, the Athletic Director/designee or the Head Athletic Trainer will formally request the laboratory to perform testing on the B-sample. Specimen B findings will be final. 2. If specimen B results are negative, the drug test will be considered negative and all parties shall be notified of the negative result. 3. If specimen B results are positive, the student-athlete may submit a request for appeal to the Athletic Director within 3 business days after notification of the positive results of the B-sample The appeal will be heard by a committee comprised of the Director of Athletics/designee, Dean of Campus Life/designee, and the Athletics Compliance Officer. The student-athlete must present her/his case to the Committee. The hearing shall include an opportunity for the student-athlete to present evidence, as well as to review the results of the laboratory test(s). Only the student-athlete and no others may present evidence and attend the hearing or otherwise be present during the hearing. The hearing will remain confidential. 4. Decision of the Committee a. The decision of the Committee is final. b. If the specimen B positive result is upheld, all evidence will then be turned over to the Dean of Campus Life and the Athletics Director for Discipline and Sanctions as set out below. c. If the specimen B result is ruled as a negative, the drug test will be considered negative and all parties shall be notified of the negative result. Discipline and Sanctions All discipline outlined in this policy is to been aligned with University of the Incarnate Word s Student Code of Conduct. 12

13 A. In the case of a student-athlete s first positive test result, possible sanctions include: 1. Student Code of Conduct sanctions under the jurisdiction of the Dean of Campus Life - examples include: i. Suspension from UIW for a period of not less than the remainder of the semester in which the infraction occurred; although a probated suspension may be applied, ii. Immediate removal of the student-athlete from campus housing if applicable, iii. Notification of parents for student-athletes under 21 years of age and dependent student-athletes over 21 years of age, iv. Chemical dependency assessment to address possible counseling, v. Counseling if indicated by the chemical dependency assessment, vi. Observation of drug court as outlined by the Dean of Campus Life/designee, vii. Other sanctions deemed applicable by the Dean of Campus Life/designee, viii. And, if deemed necessary, possible notification of appropriate legal authorities. 2. Athletic Department sanctions under the jurisdiction of the Athletic Director: i. Suspension from athletic participation for a period of not less than the remainder of the semester in which the infraction occurred. ii. Loss of athletic scholarship award per NCAA guidelines if applicable; and iii. Follow-up testing for the remaining Academic Time in which the student-athlete is enrolled as an eligible intercollegiate studentathlete. iv. Return to participation/team and renewal of scholarship is at the discretion of the Athletic Director and Head Coach. B. In the case of a student-athlete s second positive test result: 1. The student-athlete will be notified according to this policy. The Athletic Director/designee, Athletic Compliance Officer, Head Coach and Dean of Campus Life/designee will also be notified. No other individual will be notified unless deemed necessary by the Dean of Campus Life and/or Athletic Director. 2. The student-athlete will face all sanctions for a second offense as outlined in the University of the Incarnate Word s Student Code of Conduct. The studentathlete will also be dismissed permanently from intercollegiate athletics at the University of the Incarnate Word and any scholarship will be forfeited. C. In the case of a student-athlete s serious offense on or off campus (i.e. arrest for possession/use/dealing), the student-athlete will be immediately terminated from intercollegiate athletics at the University of the Incarnate Word and subject to 13

14 further disciplinary action upon the review of the case by the Athletic Director, Dean of Campus Life and/or the President. Safe Harbor and Substance Abuse Counseling A. Voluntary Disclosure/Safe Harbor A student-athlete who has engaged in prohibited drug or alcohol use is encouraged to seek assistance from the Athletic Department and/or Dean of Campus Life by voluntarily disclosing his or her use prior to an officially announced drug test. If the student-athlete seeks assistance prior to being identified as having violated this policy or being officially notified that he or she must undergo a screening, the impermissible use will not be deemed an offense for purposes of determining sanctions under this policy. The Dean of Campus Life/designee and the Athletic Department will work collaboratively to enforce this policy and to support student-athletes participating in the Safe Harbor program. Any student-athlete entering the safe harbor program may be required to take a drug test to establish a baseline for follow up testing. Upon requesting Safe Harbor, the student-athlete immediately becomes ineligible for participation until he/she meets with the Dean of Campus Life/designee. This meeting must take place within 96 hours after the student-athlete requests Safe Harbor. If the studentathlete fails to meet with the Dean of Campus Life/designee within the 96 hour window, the student-athlete will then be in violation of the Student Code of Conduct and may face further disciplinary action. After the student-athlete meets with the Dean of Campus Life/designee, the student-athlete may return to participation as dictated by the meeting. The student-athlete may continue to participate while in the Safe Harbor program unless otherwise instructed by the Dean of Campus Life/designee, Director of Athletics/designee, and/or the counselor/therapist assigned to the student-athlete (if designated). While participating in the Safe Harbor program, the student-athlete must fulfill the requirements assigned by the Dean of Campus Life/designee. (Requirements may include speaking/meeting with a counselor/therapist about their substance abuse issue, receiving a substance abuse assessment from an assigned agency, etc. The student-athlete will be permitted to remain in Safe Harbor for a reasonable period of time as determined by their treatment plan. If the student-athlete is not permitted to continue participation as instructed by the counselor/therapist, they will not be permitted to return to participation until the counselor/therapist has determined that reentry into intercollegiate sports is appropriate. At the conclusion of the treatment plan the student-athlete will be required to undergo a screening to verify that the student-athlete is free of illegal substances. Failing to complete the treatment plan and/or any other requirements from the Dean of Campus Life/designee, and/or having a positive test for any banned substance that indicates 14

15 new use after entering the program will be deemed a first offense under this policy. If the student-athlete regains his or her eligibility to participate in intercollegiate sports through the program, he or she may be required to undergo unannounced follow-up tests at the discretion of the Athletic Director. PLEASE NOTE: The Safe Harbor clause in this policy does not cover NCAA drug testing; therefore, a student-athlete may still be tested by the NCAA while in the UIW Safe Harbor program and will have to face all NCAA sanctions if they test positive in a NCAA drug test. B. Substance Abuse Counseling The Dean of Campus Life and/or the Director of Counseling will be responsible for coordinating all substance abuse counseling. S/He shall involve the necessary parties and agencies to conduct the counseling, adhering to the guidelines stated herein. Individual substance abuse counseling will occur if necessary based on the student-athlete s assessment and/or as follows: After confirmation of a positive drug test, After self referral by a student-athlete, and/or Upon the request an appropriate university official. Student-Athletes may request counseling to assist in dealing with the substance abuse of a third party (relatives, roommates, etc.). Confidentiality All information regarding drug or alcohol tests, test results and investigations shall be treated confidentially. Such information will only be released to the student-athlete, the appropriate University of the Incarnate Word representatives, and the team physician and as required by any state or federal law or regulation or by court order. Record keeping and Qualification Information A. Record keeping All student-athlete information related to this policy will be retained by the Sports Medicine Department within the student-athlete s medical file and will be retained as long as the medical files are retained per Sports Medicine Department policy. B. Qualification Information University of the Incarnate Word will maintain a Qualification File for each person subject to a drug test. These files will be maintained as part of the individual s Confidential Medical file. The Qualification File will contain the following qualification information: 1. Purpose for test (random, suspicion, etc.) 2. The type of testing for which the individual was tested. 3. The date of such collection; 4. The location of such collection; 5. Whether the test finding was positive or negative and, if positive, the controlled substance identified. 6. Discipline actions taken. 15

16 Disclaimer The purpose of this University of the Incarnate Word Athletic Department Substance Abuse Policy and Procedure Program is to describe the current policies used by University of the Incarnate Word and is subject to change by University of the Incarnate Word at its sole discretion and at any time with or without notice. Separability and Severance Each provision of this policy is separate and distinct from every other provision of this policy. If any provision of this policy shall be found to contravene any state or federal statute, regulation or law, or is otherwise found to be unenforceable, that provision shall be severed from this policy and the policy shall be construed as if such provision is not contained therein insofar as the application of this policy in such particular jurisdiction is concerned. 16

17 APPENDIX A Student-Athlete Acknowledgment and Consent With Regard to University of the Incarnate Word s Substance Abuse Policy and Procedure Program The student-athlete hereby acknowledges that they have been given a copy and/or the opportunity to review the Substance Abuse Policy and Procedure Program for University of the Incarnate Word, and know that copies of this policy are also available from their head coach, Sports Medicine Department, Athletic Director, or the athletics web-site. The student-athlete hereby consents to submitting to the drug testing provided for therein, and authorizes the specimen collection agent, testing laboratory and team retained by University of the Incarnate Word to collect the required testing specimens, perform the tests and inform University of the Incarnate Word of all confirmed positive test results. The student-athlete agrees that refusal to submit to the drug testing will subject them to appropriate disciplinary action, possibly including immediate suspension or termination from all athletic activities with University of the Incarnate Word. University of the Incarnate Word, 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. The student-athlete fully and forever releases and discharges 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 their participation in the University s Substance Abuse Policy and Procedure Program including those claims, demands, rights or action, or causes of action arising out of any positive result under such Substance Abuse Policy and Procedure Program. The student-athlete agrees that they will electronically sign their agreement to this policy through the Legal Information form on the Sports Medicine Department s Electronic Medical Records website and that agreement will be on file in their medical chart in the office of the Sports Medicine Department. The student-athlete s agreement is in effect for the full academic school year shown on the Legal Information form. The student-athlete agrees that changes to this policy may occur and may be updated without receiving notice from the Athletic Department, but that the updated policy will be available on the athletic website and/or through the Sports Medicine Department s Electronic Medical Records website. The studentathlete also agrees that they may decline this Acknowledgement and Consent at any time with the understanding that their eligibility will be revoked at the same time. 17

18 APPENDIX B NCAA Banned Drugs It is your responsibility to check with the appropriate or designated athletics staff before using any substance. The NCAA bans the following classes of drugs: 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/ml NCAA Nutritional/Dietary Supplement Warning: Before consuming any nutritional/dietary supplement product, review the product with the appropriate or designated 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 18

19 Note to Student-Athletes: There is no complete list of banned substances. Do not rely on this list to rule out any supplement ingredient. Check with your athletics department staff prior to using a supplement. Some Examples of NCAA Banned Substances in Each Drug Class Stimulants: amphetamine (Adderall); caffeine (guarana); cocaine; ephedrine; fenfluramine (Fen); methamphetamine; methylphenidate (Ritalin); phentermine (Phen); synephrine (bitter orange); methylhexaneamine, bath salts (mephedrone) 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 (7-Keto); nandrolone; stanozolol; testosterone; methasterone; androstenedione; norandrostenedione; methandienone; tiocholanolone; 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); synthetic cannabinoids (eg. spice, K2, JWH-018, JWH-073) 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, even if it is not listed as an example, is also banned! Information about ingredients in medications and nutritional/dietary supplements can be obtained by contacting the Resource Exchange Center, REC, or password ncaa1, ncaa2 or ncaa3. It is your responsibility to check with the appropriate athletics staff before using any substance. 19

20 APPENDIX C University of the Incarnate Word Department of Athletics Substance Abuse Policy and Procedure Program Reasonable Suspicion Reporting Form Under the reasonable suspicion clause that is outlined in the University of the Incarnate Word Substance Abuse Policy and Procedure Program, the following objective sign(s), symptom(s) and/or behavior(s) have been witnessed over the past hours and/or days by the named staff member. The following student-athlete is being referred to the Director of Athletics or his/her designee for possible substance abuse testing. Name of Student-Athlete Suspected (Please Print) Name of UIW Athletic Department Staff Member Reporting (Please Print) Please check below all that apply: The Student-Athlete has shown: irritability loss of temper poor motivation failure to follow directions verbal outburst (ex:, staff, team) physical outburst (ex: 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 The Student-Athlete has demonstrated the following: dilated pupils smell of alcohol on the breath constricted pupils red eyes smell of marijuana staggering or difficulty walking constantly running and/or red nose over stimulated or hyper excessive talking periods of memory loss withdrawn and/or less communicative slurred speech recurrent bouts with a cold or the flu (give dates ) recurrent motor vehicle accidents and/or violations (give dates ) recurrent violations of UIW Student Code of Conduct Other specific objective findings include: Signature of Witness Date Athletic Director/Designee Date For Office Use Only Reasonable suspicion finding upheld Reasonable suspicion finding denied 20