NIAA ALCOHOL, TOBACCO AND OTHER DRUG POSSESSION, USE, ABUSE and PENALTIES POLICY (As revised and approved by NIAA Board of Control June 2011)
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1 NIAA ALCOHOL, TOBACCO AND OTHER DRUG POSSESSION, USE, ABUSE and PENALTIES POLICY (As revised and approved by NIAA Board of Control June 2011) Participation in NIAA sanctioned sports is a privilege and responsibility which requires all participants to adhere to athletic training rules imposed by the school district and member or affiliate school the student attends and represents. Adherence to training rules ensures that all student-athletes are in top physical condition, minimizes potential for injury, and further ensures that all member and affiliate school athletic teams are appropriately represented by their student-athletes. Therefore, the possession or use of any controlled substance, designer or synthetic drug or naturally occurring drug, alcohol or any tobacco products, e-cigarettes or other product that delivers nicotine or mimics the reaction of nicotine without a prescription from a physician by a student athlete, whether it occurs on or off of school property, is prohibited and shall result in the penalties set forth herein. This regulation shall begin once our son/daughter begins participation as a student athlete in high school athletics. This policy remains in effect for every calendar school year during the course of his/her high school career and when he/she is directly involved in a school activity occurring at any time (summer leagues / camps, etc.). This policy remains in effect regardless of whether our son/daughter is currently participating on a high school athletic team. a. Definitions: The following terms or phrases shall have the meaning ascribed to them for purposes of interpreting this Policy. 1. Competitive Week means a seven (7) day period of time beginning with the first scheduled competition after a violation occurs in which a student athlete is participating as a member of an athletic team for a member or affiliate school, and in which that team is officially competing in NIAA sanctioned competition. 2. Controlled Substance includes any mind altering substance or beverage set forth in Schedule I-V of the list of Controlled Substances as identified by the office of the Drug Enforcement Administration or as set forth in 21 U.S.C Period of Suspension means a student athlete is prohibited from appearing in any NIAA sanctioned sport or event as a member of an athletic team or in individual competition. A suspension from athletic competition begins with the first scheduled competition after a violation occurs. A student athlete who is suspended under this regulation who does not serve the entire period of suspension during the sport season in which suspension occurs shall serve any remaining period of suspension during the next sport season in which the student athlete appears on a NIAA roster. If a violation of this regulation occurs during a time when a student athlete does not appear on a NIAA roster, the suspension will only be satisfied the next sport season on a team in which the student athlete has previously appeared on a NIAA roster as a member in good standing. Attendance in a summer school class shall not apply toward satisfying any period of suspension.
2 4. Possession means a student athlete who is in actual physical control of alcohol, tobacco or a controlled substance, designer or synthetic drug or naturally occurring drug, alcohol or any tobacco products, e- cigarettes or other product that delivers nicotine or mimics the reaction of nicotine without a prescription from a physician. b. Possession or Use of Tobacco/Alcohol/Controlled Substance/Narcotics. Any student athlete determined to be in possession of, or to have used tobacco, including smoking tobacco, chewing tobacco or snuff, an alcoholic beverage (as defined by NRS and any relevant local ordinances), controlled substance and/or narcotic designer or synthetic drug or naturally occurring drug, alcohol or any tobacco products, e-cigarettes or other product that delivers nicotine or mimics the reaction of nicotine without a prescription from a physician (unless prescribed by the student athlete s physician for medical purposes), is in violation of this policy. If after an investigation by the school it is determined that the student athlete is in violation of this regulation the student athlete shall immediately be declared ineligible to compete in any NIAA competition beginning with the first scheduled competition after a violation occurs. Additionally, the student athlete shall be subject to the following discipline: 1. First Violation: a six (6) competitive week suspension from participation in interscholastic competition from a sport in which the student s name has appeared on any NIAA roster, beginning with the first scheduled competition after the suspension occurs. Four (4) competitive weeks of the suspension of eligibility may be waived if the student successfully completes all components of the appropriate substance abuse intervention program set forth in subparagraphs (d) (1) (A) and (d) (1) (B) below. The student may practice with the team during the period of suspension if approved by the coach and principal. 2. Second Violation: The student shall be suspended from interscholastic competition from a sport in which the student s name has appeared on any NIAA roster for a minimum of ninety (90) school days which shall include a minimum of six (6) competitive weeks of competition. The student shall not be allowed to practice with the team, or participate in any out of season activities and must complete the requirements set forth in subparagraphs A and B below, in order to be considered for reinstatement of future athletic eligibility, which shall be determined following the ninety (90) school day suspension of athletic eligibility by a group composed of one of the student s parents/legal guardians, the school principal, athletic director, coach and a substance abuse program coordinator. A. A substance abuse evaluation assessment conducted by a licensed alcohol and drug counselor at the expense of the parent/legal guardian of the student must be completed within ten (10) school days following the suspension and all assessment recommendations must be satisfactorily met before athletic eligibility may be reinstated. B. The student must successfully participate in all sessions of the appropriate substance abuse intervention program set forth in subparagraphs (d) (1) (a) and (d) (1) (B) below, and successfully complete a minimum of ten (10) tobacco or alcohol/drug related support sessions. 3. Third Violation: The student shall be ineligible to participate in interscholastic athletics for the remainder of the student s high school career. 4. Appeal: A student that serves their third violation and still has more than one year of remaining eligibility can appeal through the NIAA Board of Control. Both the students and his / her parents must attend this meeting of the Board to present their appeal.
3 c. Cumulative Effect of Suspensions: Multiple suspensions of a student athlete s athletic eligibility based on violations of this Regulation shall be considered as cumulative over the length of each student athlete s high school career, 9 th through 12 th grade. d. Substance Abuse Intervention Program: Any student who has been suspended from athletic eligibility for violation of the provisions of this Regulation and whose future athletic eligibility is contingent on successful completion of a Substance Abuse Intervention Program, or whose suspension of athletic eligibility may be reduced through successful participation in a Substance Abuse Intervention Program, shall complete the Substance Abuse Intervention Program developed by the NIAA in conjunction with the State of Nevada, Department of Human Resources Division of Child and Family Services Program available through the Juvenile Justice Programs Office: (775) Successful completion of the Substance Abuse Intervention Program shall require, at a minimum: A. The completion of a video program specific to the nature of the student athlete s offense, by the student athlete, and his/her parent(s) or legal guardian(s), as demonstrated by the successful completion of an assignment on the content of the video by the student athlete and his/her parent(s) or legal guardian(s). B. The completion of a minimum of an eight (8) hour assignment selected from a list of ten (10) possible assignments by school personnel. Successful completion shall be determined through a meeting between the student athlete, his/her parent(s) or legal guardian(s), the head coach of the sport in which the student athlete was participating at the time of offense, and the school counselor or dean of students. All investigations and penalty enforcements will be conducted by the school and / or district with support through the NIAA office.
4 PARENT / LEGAL GUARDIAN AND STUDENT ACKNOWLEDGEMENT The Nevada Interscholastic Activities Association (NIAA) recognizes and understands that parents / guardians take the primary role in instilling values for their students. It is the goal of the NIAA to work cooperatively with parents to provide guidelines and programs that assist student athletes in making positive choices. IMPORTANT Please read the following information and acknowledge with your signature below (see next page). We understand that participation in high school athletics is a privilege, not a right, and that underage drinking and drug use is against the law. It is against the law to sell tobacco to people under the age of 18 and usage is against school policy. Substance abuse negatively impacts athletics and academic performance, and research indicates that early onset of alcohol use increases the occurrence of addiction in adulthood by four times. Alcohol and drug use interferes in learning processes, brain development and increases the chance of physical injury while participating in athletic competition. Because of these risks, and in addition to the laws of the State of Nevada, the NIAA requires participants and parents to agree to the following: 1. We have read the NIAA Drug, Alcohol and Tobacco Possession, Use and Abuse Penalties Policy and agree to abide by the Policy as written. 2. We realize that a video and Power Point presentation regarding the Policy is available and we have either seen this presentation or agree to waive the requirement of viewing the presentation. 3. We understand that we are encouraged to notify our school s athletic administrator / director if our son / daughter violates this Policy and / or the laws of the state of Nevada. It would also be acceptable for our child to self-report any violation of this policy to our school s athletic administrator / director. 4. We understand that knowingly providing erroneous information during the course of an investigation of an alleged violation of the policy will result in a one calendar year suspension from all high school athletic activities. 5. We further acknowledge that once our son / daughter begins participation as a student athlete in high school athletics that this policy remains in effect for every calendar school year during the course of their high school career and when he / she is directly involved in a school activity occurring at any time (summer leagues / camps, etc.). This policy remains in effect regardless of whether our son / daughter is currently participating on a high school athletic team. 6. We have also reviewed the following NRS , Purchase, Consumption or Possession of Alcoholic Beverage by Minor, and understand the laws of Nevada and how they pertain to our family. 7. We understand that although it is not technically against the law to use tobacco in the state of Nevada (NRS and prohibits anyone from supplying a person under the age of 18 with any kind of tobacco product), we realize it is against this policy and general school policy, and that scientific evidence demonstrates it is unhealthy and a detriment to athletic performance. 8. We understand that the use of steroids and other performance enhancing drugs are dangerous, illegal, provide only temporary gains and are a form of cheating other competitors.
5 PARENT / LEGAL GUARDIAN AND STUDENT ACKNOWLEDGEMENT (Continued) NEVADA LAW NRS Purchase, consumption or possession of alcoholic beverage by minor. 1. Any person under 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor. 2. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor. 3. This section does not preclude a local government entity from enacting by ordinance an additional or broader restriction. 4. For the purpose of this section, possession in public includes possession: a. On any street or highway; b. In any place open to the public; and c. In any private business establishment which is in effect open to the public. 5. This term does not include: a. Possession for an established religious purpose; b. Possession in the presence of the person s parent, spouse or legal guardian who is 21 years of age or older; c. Possession in accordance with prescription issued by a person statutorily authorized to issue prescriptions; d. Possession in private clubs or private establishments; or e. The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages. 1:272:1947; 1943 NCL ] (NRS A 1967, 482; ) [ We acknowledge that this form must be signed by both parent / legal guardian and our child before our son / daughter will be cleared for athletic competition at his / her high school. Print Name Student Signature Date Print Name Parent / Legal Guardian Signature Date Sport(s)
6 GUIDELINES FOR POLICY VIOLATION RESPONSE If a violation occurs, a school will use the following steps: 1. Conduct an investigation exactly how you would for any violation of school and/or NIAA regulations. 2. If it is determined that the athlete violated the Policy, the Athletic Administrator should immediately call the NIAA ( ). 3. Policy and Penalty will be explained and reviewed with the Athletic Administrator. 4. Impose the sanctions outlined in the Policy, and complete the clearance form when the athlete has fulfilled the requirements. 5. An athlete who has violated this Policy must be cleared by the NIAA before competing in any sanctioned activity. 6. Students must also meet and be approved by the NIAA and district level athletic administrators when appropriate. If at any time you have questions regarding the procedures established with this Policy, please contact the NIAA at your convenience. Note: Each school district will be provided with a resource library of educational materials on alcohol, tobacco and other drugs.
7 SUGGESTED ASSIGNMENTS 1. Attend a substance abuse education program approved by the respective school district. (Not recommended for students with tobacco violations, unless the program specifically addresses tobacco cessation.) 2. Contact the local health department and gather information on liver diseases and other health issues relating to drinking. 3. Research a famous person whose career was affected because of alcohol or drug usage; i.e. Daryl Strawberry or Robert Downey, Jr. 4. Complete a report on why the student athlete chooses to drink or use other drugs in the first place. What influenced their decision? How will they make better decisions in the future? 5. Complete ten hours of community service work at the school; i.e. work with janitors. 6. Work with law enforcement officials to identify upcoming community parties, or assist with alcohol sales checks. 7. Visit jail or juvenile hall and talk to staff about the extent of alcohol and drug use among the offenders. 8. Visit with an older person about drinking and drugs in their day and write a report on the differences of now and then. 9. Interview a member of a local AA or NA chapter. 10. Internet research regarding substance used by the student. A WRITTEN AND ORAL REPORT SHOULD BE PROVIDED TO THE ADMINISTRATOR CONDUCTING THE ENFORCEMENT OF THIS POLICY
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