Quitman School District Extracurricular Drug and Alcohol Testing Policy

Transcription

1 Quitman School District Extracurricular Drug and Alcohol Testing Policy This policy is intended to address only the Quitman School District students who participate in extracurricular activities in grades This policy does not address the issue of drug or alcohol possession. Possession is addressed in the District policy and Student Handbooks. I. POLICY The Quitman School District (QSD) recognizes that drug and alcohol abuse by students participating in extracurricular activities presents special concerns about the dangerous combination of drugs and alcohol and extracurricular activities. While the misuse or abuse of alcohol, illegal drugs, prescription and even nonprescription drugs is unsafe for any student, the physical demands placed upon activity students in practice and competition makes such misuse or abuse dangerous. The activity student s use of drugs or alcohol increases the risk of activity-related injuries and impairs judgment, coordination and reaction, leading to injuries during competition to both the student using drugs and other students or opponents. Activity conditioning can be continuous, so the concern for safety does not diminish during the off-season of an activity. The incidence of drug use by QSD students grades 7-12 and especially activity students is not believed to be great, but even though the number of cases may be small, the danger to individual students is magnified by physical exertion. Additionally, QSD finds that, since physical conditioning, practices and competition can often be an almost daily activity, the indication of drug use in the recent past means that (1) the activity student most probably has exercised with the drug (or alcohol) in the students system and (2) the activity student may exercise under the influence of drugs or alcohol in the future unless there is reasonable intervention provided in this policy. In addition to focusing on the serious health risk posed by activity student drug and alcohol use, QSD has elected to test activity students because of their status within the school community. Activity students are generally prominent members of the student body viewed with admiration and respect. This status places activity students in leadership roes that give them the power to influence other students behavior. Accordingly, drug and alcohol use by activity students can have a negative effect on the general health and welfare of all students. In response to the serious health risk and other risk posed by activity students drug and alcohol use, Quitman School District has implanted an extracurricular drug and alcohol testing policy designed to provide early detection of drug use and to eradicate or reduce significantly the use and the influence of prohibited drugs, alcohol, and other chemicals by students participating in QSD extracurricular activities. In pursuit of these purposes, QSD declares that the use of prohibited drugs and alcohol, or intoxication and physical influence thereof, by activity students is inherently unsafe. Such use, intoxication or influence should be detected and prevented and such activity

2 students should be counseled, educated and monitored. Participation in extracurricular activities is a privilege. II. AUTHORITY This policy was adopted and is implemented by the Quitman School District Board of Education by and through the Administrative staffs of Quitman Junior and High School. III. APPLICABILITY All students enrolled in Quitman School District who are 7 th grade or higher and who participate or who have expressed an intention to participate in any Quitman School District extracurricular activity shall be subject to drug and/or alcohol testing to the extent and manner provided for in this policy. This policy and any other QSD drug and alcohol screening policies shall be administered separately and concurrently. Tests occurring under this policy shall not be used for or considered for the purpose of any other QSD drug and alcohol screening policies. However, test results under this policy may be considered for the purpose of extracurricular activity eligibility and for testing or monitoring. Activity students are subject to both this policy and any other QSD drug and alcohol screening policies. IV. DEFINITIONS Activity Student means a member of any Quitman Junior or High School sponsored school extracurricular organization. The definition includes any student desiring to participate in any of the following: band, cheerleading, ROTC, chorus, and all athletic teams. Alcohol or Alcohol Beverage means ethyl alcohol (ethanol). Reference to use of alcohol includes use of any beverage, mixture, or preparation containing ethyl alcohol. Athletic Director means the Athletic Director at the school which sponsors the extracurricular organization or activity. Coach/Athletic Director means the school official assigned the responsibility of directing the daily operation of an extracurricular activity. This includes band, cheerleading, ROTC, chorus, and all athletic teams. Confirmation Test means a drug and alcohol test on a specimen to substantiate the results of a prior drug and alcohol test on the specimen. The confirmation test must use an alternate method of equal or greater sensitivity than that used in the previous drug and alcohol test. Consent Form means the form that all activity students and his or her parents/guardians shall be required to sign acknowledging the policy, authorizing the test

3 for prohibited drugs and/or alcohol as provided for in the policy and consenting to the release of the test results to the Principal of the school where the activity student is enrolled and the parents/guardians of the activity student and any other school personnel mentioned elsewhere in the policy on a need-to-know basis. Continuance of Participation Waiver means the release waiver that must be signed by the activity student s parent/guardian to continue participation after the activity student s first positive result. The waiver releases the QSD of any responsibility in the event that the activity student should have any adverse reaction(s) related to the positive test during their continuance of participation in extracurricular activities. Drug and/or Alcohol Test means a chemical test administered for the purpose of determining the presence or absence of a drug or alcohol in a person s system. Extracurricular Activity: means a QSD sponsored activity in which a student chooses to participate. This includes band, dance, cheerleading, all athletic teams, and ROTC. In years subsequent to, other extracurricular activities may be added. Illegal Drug means a prohibited drug as set forth below, a drug listed as illegal under Mississippi law, or a drug that is illegal to use under Mississippi law without a prescription. See section V of this drug testing policy. Medical Review Officer or MRO means a licensed physician, either a doctor of medicine or doctor of osteopathy or other medical or scientific expert knowledgeable in drug abuse disorders, approved by the QSD to interpret, evaluate, and monitor its drugtesting program. Negative Drug Test means a drug or alcohol test that does not show evidence of alcohol or prohibited drug in an activity student s system. Performance Enhancing/Anabolic Steroids means any natural or synthetic substance used to increase muscle mass, strength, endurance, speed, or athletic ability. The term does not include dietary or nutritional supplements such as vitamins, minerals, and proteins that can be lawfully purchased over the counter. Pool means all activity students that are eligible for random drug testing. Positive Drug Test means a drug or alcohol test that indicates the presence of alcohol or a prohibited drug in an activity student s system. QSD means Quitman School District. Prescription or Non-Prescription Medication means a drug prescribed for use by a duly licensed physician, dentist, or other medical practitioner licensed to issue prescriptions or a drug that is authorized pursuant to federal or state law for general

4 distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. Prohibited Drug means any drug that is considered a part of the group of drugs listed in Section V of this drug testing policy. Random Testing means a neutral selection basis of testing for drugs and/or alcohol which provides a mechanism for selecting activity students for testing that (1) results in an equal probability that any student from a pool of activity students subject to the selection mechanism will be selected, and (2) does not give the QSD and school personnel the discretion to waive the selection of any activity student selected under the mechanism. Specimen means a tissue or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body. V. Prohibited Drugs/Alcohol The list of prohibited drugs is attached to this policy as Exhibit 1 and incorporated herein by reference. The QSD shall designate those drugs for which tests shall be administered. VI. Implementation This policy was adopted by the Board of Education of the Quitman School District on the day of,. All activity students and their parents/guardians will be notified of this policy upon entrance of an activity student into an extracurricular activity. The Principals/Athletic Director shall be responsible for the fair, impartial, and complete implementation of this policy and for ensuring the no-notice, surprise nature of all testing. The Principals/Athletic Director shall be responsible for the coordination and execution of all testing. VII. Consent/Refusal To Consent All activity students and his or her parent/guardians shall be asked to sign a consent form acknowledging the policy, authorizing the test for prohibited drugs and/or alcohol as provided for in the policy, and consenting to the release of the tests results to the Principal and the parents/guardians of the activity student. Results may also be released to the Superintendent or his/her designee, the schools Athletic Director, and coaches/activity directors on a need-to-know and confidential basis. The consent form is attached to this policy. If an activity student and/or his or her parent/guardian decline or fail to sign the consent form, the activity student will be ineligible to participate in any QSD extracurricular activities.

5 VIII. Random Drug Testing Pool Development Coaches/Activity Directors must present to the Athletic Director a preliminary roster of activity students for the purpose of developing the testing pool. All activity students who wish to participate in an extracurricular activity must be added to the roster. IX. Random Testing Activity students as defined in Section IV of this policy will be tested on a random basis for use of prohibited drugs and/or alcohol. Random tests shall be initiated without prior notice, except that the Principals/Athletic Director shall receive prior notice from the testing laboratory not more that one (1) hour prior to the commencement of collection of specimens. The random testing shall not be announced or revealed prior to the time of commencement and shall be conducted on a no-notice, surprise basis. Coaches/Activity Directors shall not be involved in the collection, storage, labeling, or handling of specimens from random testing. The QSD shall determine the percentage of extracurricular activity students tested in any one (1) random test, not to exceed twenty percent (20%). X. Specimen Collection All breath, urine, blood, hair specimens and saliva will be collected under reasonable and sanitary conditions. Individual dignity and privacy will be preserved to the extent practicable. Universally accepted standards for testing, labeling, storage, and transportation of specimens will be strictly followed by the testing facilities. The MRO will request information before each confirmation test regarding prescription and nonprescription drugs and any other information that could lead to a false positive test. Coaches/activity directors shall not be involved in any specimen collection. XI. Testing Procedures A laboratory certified by the National Institute of Drug Abuse will be designated by the QSD to perform all initial drug and alcohol tests. The laboratory will be responsible for the handling and safe delivery of all positive specimens to the MRO and such delivery will be accomplished through the proper chain of custody procedures. XII. Positive Drug and/or Alcohol Test Result Consequences If the initial test for drugs or alcohol indicates a negative result, no further test during this particular random sampling will occur unless there is good reason to suspect the quality of the specimen sample. If the initial test indicates a positive result, a confirmation test will be conducted immediately. Should the confirmation test also indicate a positive result, the School Principal will notify the activity student and his or her parent/guardian in writing of such positive test results.

6 First Positive: An activity student who tests positive for the first time will be required to satisfy the following criteria: (1) The activity student shall be suspended from participation in the event or activity in which he/she is currently participating for a minimum of two weeks, beginning no earlier than the opening game or event for that sport or activity. If an activity student is not participating in an in-season sport or activity, he/she will have a two week suspension no earlier than the opening event of the next season in which he/she participates. (2) After testing positive, the activity student and parent/guardian will meet with the Athletic Director and Principal to discuss test results. In the discretion of the drug testing coordinator the student may be requested to undergo drug and alcohol counseling. QSD may assist in finding counseling services. (3) The activity student must provide a negative retest to be reinstated in any extracurricular activities. (4) The activity student will be required to submit to periodic or unannounced retests up to one calendar year after the first positive. Any activity student s refusal to meet these criteria will result in his or her immediate removal from all extracurricular activities. Second Positive: The activity student will be suspended from participating in any event or activity for the remainder of the school year in which the second violation occurs. However, the duration of the suspension shall be for a minimum of eight weeks and shall carry over to the ensuing school year if necessary, and thereby preclude such student from participating in any other event or activity during the eight week minimum suspension period. The activity student must provide a negative retest to be reinstated in any extracurricular activity, and the activity student must undergo mandatory drug and alcohol counseling at the activity student s expense. Proof of counseling through an approved or certified program must be provided to the drug testing coordinator. Third Positive: An activity student that tests positive for a third time will be suspended from all extracurricular activities for one (1) calendar year. During the one-year suspension, the activity student will then become part of the general population and be subject to the general student reasonable suspicion testing policy. Having a positive test under that policy could result in alternative placement or expulsion form school. No positive test results as described under Section XII of this policy will be used as grounds to discipline, suspend, or expel an activity student, except for the guidelines provided in this policy. Any activity student who intentionally evades a random test will be suspended from practice and competition until a test is taken and may be subject to

7 discipline for the evasion. The student must provide a negative test before being allowed to tryout for or participate in an activity under this policy. Fourth Positive: The activity student will be indefinitely suspended or permanently barred from participating in any event or activity in the Quitman School District.. XIII. Appeal The District will rely solely on the opinion of the independent testing laboratory to determine whether the positive test result was produced by something other than consumption of an illegal or performance-enhancing drug. There shall be no appeal of the test results of the professional testing laboratory to a principal, the Superintendent, or the Board of Education. XIV. Medical Review Officer (MRO) QSD, as part of its activity students drug and alcohol testing program, will utilize the services of a Medical Review Officer (MRO) as designated by the QSD. The MRO will interpret, monitor, and evaluate all positive test results so as to determine whether any alternative medical explanation could account for the positive results. The MRO must be a licensed physician, or group of licensed physicians, knowledgeable in drug abuse disorders. XV. Cost QSD will bear the cost of all drug and alcohol test required by QSD for extracurricular activity students. The activity student or his/her parent/guardian will pay the costs of any retest requested by the activity student or required by the guidelines of this policy. XVI. Drug Education and Counseling QSD requires all drug education and counseling to be done at the activity student s or his or her parents/guardians expense, as a prerequisite to continuing to participate as an activity student and for reinstatement to an extracurricular activity after suspension. XVII. Use of Prescription or Legal Non-Prescription Drugs QSD recognizes that, from time to time, its activity students, for medical reasons, may take certain drugs prescribed by their physician including certain prohibited drugs. QSD also recognizes that activity students may, from time to time, for various medical reasons take certain non-prescription drugs. Any activity student who needs to take prescription or non-prescription drugs may (but is not required to) notify the Principal or his or her coaches/activity directors and provide a copy of the prescription, or, in the case of nonprescription drugs, a note from the parent/guardian that the activity student is taking a

8 non-prescription drug(s). If the activity student or parent decides to submit a note, the prescription or the note should state how long the activity student would be taking the drug(s). Both the prescription and the note should be specific about the type or description of drug to be taken. The Principal shall keep the information confidential and in a secure location. Prior to an initial drug and/or alcohol test, an activity student may voluntarily disclose the use of any prescription or non-prescription drugs, but will not be required to do so. If the initial test results are positive, the MRO shall request from the activity student and/or parent/guardian information regarding what, if any, prescription and non-prescription drugs the activity student was using at the time of the test. Information regarding an activity student s need for and use of prescription and nonprescription drugs is considered confidential, sensitive, and private. The information is necessary and will only be used for the assistance of the activity student s needing the medications, the safety of that student and other activity students. In the event of a positive test result, the information is also necessary to assist the MRO in determining possible causes of a false positive test. The information will only be available to the QSD Superintendent or his/her designee and the school principal or coach to the extent practical. EXHIBIT 1 PROHIBITED DRUGS 1. The following is a list of prohibited drugs: (a.) (b.) (c.) Psychomotor stimulants amphetamine pemoline methylamphetamine benzphetamine phenmetrazine methylphenidate chlorphetermine pipradol norseudoephedrine cocaine ethylamphetamine phendimetrazine diethyproplon fencamfamin phentermine dimethylamphetmine meclofenoxate prolintane and related compounds Sympathomimetic amines: chlorprenaline methoxyphenamine methylephedrine ephedrine isoprenaline phenylpropanolamine etafedreine isoetharine and related drugs Miscellaneous central nervous system stimulants: amiphenazole crolethamide nikethamide bernigride doxapram picrotoxine caffeine ethamivan strychnine

9 cropropamide leptazol and related compounds (d.) (e.) Anabolic steroids: clostebol methenolone oxymesterone dehydrochlormethyl- methandienone oxymetholone testosterone nadroone stanozolol fluoxymesterone norethandrolene tertosterone mesterolone oxandrolone and related compounds Alcohol (f.) Diurectics: bendroflumethiazide ethacrynic acid metolazone benzthiazide flumethiazide polythiazide bumetanide flurosemide quinethazone chlorothiazide hydrochlorothiazide spironolactone chlorthalidone hydroflementhizide trichlormethiazide and related compounds (g.) Street drugs: amphetamine cocaine heroin marijuana MDMA Ecstasy THC (tetrahydrocannabinol) 2. Exceptions may be made for those activity students with a documented medical history demonstrating the need for regular use of such a drug.

10 CONSENT TO QSD EXTRACURRICULAR DRUG & ALCOHOL TESTING PROGRAM I, the undersigned activity student, acknowledge that I have received a copy of the Quitman School District Extracurricular Drug and Alcohol Testing Policy. I acknowledge that I have had the opportunity to read and understand the policy, and I agree to comply with the rules and regulations of this program. I hereby consent to random testing throughout the year and to testing for drug/alcohol or steroid use in the circumstances of reasonable suspicion as outlined in the policy. I authorize the confidential release of the results of the testing to the Principal of my school, to my parents or guardian, and as provided in the policy. Printed name of student Date: Signature of Student Please list ALL activities you plan to participate in: CONSENT AND ENDORSEMENT OF PARENT/GUARDIAN I, the parent or legal guardian of the above activity student, join in the above consent, acknowledging that I have received, read, and understand the Quitman School District Extracurricular Drug and Alcohol Testing Policy and that I consent to the testing of my activity student as provided in the policy. Printed name of parent or legal guardian Date: Signature of parent or legal guardian Both the activity student and his or her parent or legal guardian must sign and return this consent form to the coach or sponsor of the extracurricular program prior to participation as a member of any extracurricular activity.

11 CONTINUANCE OF PARTICIPATION WAIVER QSD DRUG AND ALCOHOL TESTING PROGRAM According to the QSD Drug and Alcohol Testing Policy, after the first positive test my child/ward may be allowed to continue participation in his/her chosen activity. I understand the possible health risks that are associated with physical activity and drug/alcohol use. Considering the level of risk for my child/ward, I would like to ask that the QSD consider allowing him/her to continue to participate in his/her activities. I understand that this request will be up to the discretion of the QSD. I agree that the QSD is not responsible for any harm that my child/ward may suffer if he/she continues to participate. This waiver is a one-time option and will be affective no more than 30 days. Printed name of student Printed name of parent or legal guardian Date: Signature of parent or legal guardian

12 QUITMAN SCHOOL DISTRICT SUSPICION-BASED DRUG AND ALCOHOL POLICY All students are prohibited from carrying, possessing in any manner, or attempting to possess, using, or selling alcoholic beverages, morphine, marijuana, cocaine, opium, heroin, their derivatives or compounds, drugs commonly called LSD, pep pills, tranquilizers, or any other narcotic drugs, barbiturate, substance, ingredient, or compound that, when taken orally, intravenously, inhaled, or consumed in any other manner, may cause the person to be under the influence thereof, or any other controlled substance regulated by law, including any substance that is falsely represented to be a controlled or counterfeit substance. No student shall act in, aid, abet, assist, distribute, or conceal the possession and/or the consumption, purchase, or the distribution of any illegal drugs or alcoholic beverages by another student or students. Any student who violates the provisions of this policy will be immediately suspended for ten days and may be recommended to the Board for expulsion for one calendar year. PROVISIONS The provisions of this policy shall not apply to any student who is under the care of a licensed physician and who is taking medication under the supervision and direction of such physician unless the student is illegally selling or distributing medications. With regard to prescription medications, refer to the Quitman School District medication policy. The provisions of this policy shall apply to all students during the period of time they are under and/or subject to the jurisdiction of the Quitman School District, while participating in or going to or from any school-related activity, at any place where an athletic contest or event is taking place, during the course of any field trip, during the course of any trip or activity sponsored by the District, while under the supervision and direction of any teacher, principal or other authority of the District, or when such conduct does or may threaten to interfere with or disrupt the educational process or pose a threat to the safety of the student or others. REASONABLE SUSPICION TESTING Subject to the limitations contained in this policy, the District may require any student to submit to a drug and/or alcohol test at the expense of the student s parent/guardian if there is reasonable suspicion that the student has or is using prohibited drugs and/or alcohol. Reasonable suspicion must be based on specific contemporaneous

13 physical, behavioral, or performance indicators of probable drug and/or alcohol use. The requirement of a drug and/or alcohol test is within the discretion of the District and is not a prerequisite to the administration of punishment under this policy. The following circumstances shall constitute grounds for reasonable suspicion: a. Direct observation and/or confirmation by a District employee of drug and/or alcohol use or possession; b. Abnormal or erratic behavior indicating intoxication; c. Physical symptoms indicating intoxication including, but not limited to, glassy or bloodshot eyes, slurred speech, loss of balance, poor coordination or reflexes; d. First-hand information provided by reliable and credible sources of use, possession, or intoxication; e. The presence of a drug or alcohol on the student, detectable by the senses, such as the smell or marijuana or alcohol; or f. Possession of illegal drugs, prescription drugs for which the student does not have a prescription, alcohol containers, or drug paraphernalia. Intoxication means being excited, stupefied, or affected by alcohol or a drug to the point where physical and mental control is diminished. A report from any source indicating reasonable suspicion that a student may be in violation of this policy should be immediately given to a member of the administrative staff. The administrative staff member must determine that the circumstances constitute reasonable suspicion of drug and/or alcohol use before a student can be required to take a drug or alcohol test under these provisions. The administrative staff member is required to write, in reasonable details, the facts, symptoms or observations which form the basis of the reasonable suspicion. Once an administrator finds reasonable suspicion, an administrator shall contact the student s parent/guardian. If the District decides to require submission to such a test, the student will be immediately removed from school for a drug/alcohol test to be conducted within a (5) hour period of time. If a student appears incoherent, semi-conscious, unconscious, or convulsive, or appears to be hallucinating, is in respiratory distress or anaphylactic shock or is in other mental or physical distress indicating danger or injury to the health and safety of the student, District personnel shall seek immediate medical attention before any other actions under this policy are taken. The health of the student shall be given priority. DRUG AND ALCOHOL TESTING Any student required to be tested under this policy will be accompanied by a District employee and a parent/guardian to a professional testing laboratory or to such other place qualified for drug/alcohol testing at the parent s/ guardian s sole expense. If

14 District personnel cannot accompany the student for testing, the District may still require the student s parent/guardian to have the testing completed. All breath, urine, and blood specimens will be collected under reasonable and sanitary conditions. Individual dignity and privacy will be preserved to the extent practicable. Accepted standards for testing, labeling, storage, and transportation of specimens will be followed by the testing laboratory, which will request information regarding prescription and non-prescription drugs and any other information that could lead to a false positive test. A refusal or failure to take a drug and alcohol test under the conditions of reasonable suspicion shall be considered a positive drug and alcohol test result or offense. A student or parent/guardian may request a retest, but the results will only be considered if scientifically meaningful, timely performed, and in compliance with the professional testing laboratory s guidelines. All positive confirmed test results will be made part of a student s record, but they shall be kept confidential and separated in a secured location with restricted access. All positive initial test results for which the confirmation test is negative or which are determined to be false positive shall not become any part of the student s record or discipline record. The District shall keep the following records for the periods specified as a part of its drug and alcohol policy: 1. Records of drug and/or alcohol test results that show a student failed both an initial and a confirmation drug/alcohol test (a positive drug test) and the reasonable suspicious findings for the tests must be kept for five years. 2. Records of drug and/or alcohol results that show that the student passed an initial or confirmation test (a negative drug test) must be kept for at least one year but shall not be part of the student s record. 3. The District may retain such records for statistical analysis and policy evaluations, as it deems appropriate, consistent with confidentiality. FINDING OR DRUG AND/OR ALCOHOL USE/POSSESSION CONSEQUENCES If the initial test for drugs and/or alcohol indicates a positive result, the testing laboratory must immediately conduct a confirmation test. If the confirmation test also indicates a positive result, the testing laboratory must report the positive test results to the school principal and the Superintendent or his/her designee. The school principal will notify the student and parent/guardian in writing of such positive test results and of the consequences of such a report. If the initial test is negative, no further tests will occur unless there is good reason to suspect the quality of the sample. If the confirmed results are negative, the student will be reinstated.

15 CONFIDENTIALITY The results of a student s drug test shall not be released to anyone other than the testing laboratory, the Superintendent and his/her designee, principal, and other employees or agents of the District who have a need to know such information. Any discipline resulting from the drug test results shall be recorded in the student s discipline record in accordance with the discipline policies and other policies of the District. In order to maintain confidentiality, written records of drug testing will be stored in a secure location with restricted access. The District will cooperate with law enforcement, but the test results will not be released to law enforcement agencies without a court order or subpoena unless law requires disclosure. Nothing in this policy will prohibit or restrict District officials from making any report required by law to law enforcement agencies or other agencies. DRUG EDUCATION AND COUNSELING Before the implementation of this policy, and at least annually thereafter, the District shall give training to principals and administrators in drug and alcohol use/abuse recognition and in the implementation of this policy. Principals and administrators will give professional development to employees of all schools in the recognition of drug and alcohol use and abuse, handling procedures, and policy implementation familiarization. If there is reasonable suspicion that a student has or is using prohibited drugs and/or alcohol, the District may recommend counseling and drug/alcohol education at the student s expense. NOTICE Before implementation of this policy, reasonable notice of the policy will be made to all students and parents and/or guardians of students. This policy is for the discipline and protection of the students of the District and their general welfare. Nothing herein contained shall be construed to avoid any prosecution under any pertinent criminal statute of the State of Mississippi. This policy shall supersede and take precedence over any other policy or practice that is inconsistent herewith.

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