Department of Intercollegiate Athletics (ICA)

The Intercollegiate Athletics (ICA) Sports Medicine Department tests student-athletes (“students”) for the use of banned substances. The purpose of this program is to protect the health of students and to promote a drug-free athletic environment, through prevention and education programs, drug testing, and appropriate treatment and response. Each year, students will be informed of the drug testing policy and will be required to sign a form consenting to drug testing prior to participating in intercollegiate activity. A student who does not sign the consent form or who refuses to be tested will not be permitted to participate in intercollegiate athletics at ASU and may lose athletic financial aid.

Voluntary Evaluation (“Safe Harbor Program”)

Self-Referral

A student eligible for the Sports Medicine Safe Harbor Program may refer himself or herself to the Safe Harbor Program for voluntary evaluation and counseling.

A student is not eligible for the Safe Harbor Program under the following conditions:

if the student has been informed of an impending drug test
or

if the student has received more than one positive drug test.

Note:

As used throughout this policy, a “positive drug test” may arise automatically from missing a test (see “Consequences of Positive Test Results”) or from a test showing the presence of a banned substance, where the drug test was administered by or on behalf of ASU, by or on behalf of the National Collegiate Athletic Association (NCAA), or in connection with any university-sanctioned or -supported event or event at which the student is representing ASU (and the test reflects the presence of a banned substance at a level banned by the NCAA at the time of the test).

Treatment Plan

ICA Sports Medicine will work with the student to prepare a Safe Harbor treatment plan, which may include confidential drug testing. If the student tests positive for a banned substance upon entering the Safe Harbor Program, that positive test will not result in any administrative sanction unless the student tests positive in a subsequent retest or the student fails to comply with the treatment plan. (The team physician may suspend the student from play or practice, if medically indicated.) A student will be permitted to remain in the Safe Harbor Program for a reasonable period of time, not to exceed 30 days, as determined by the treatment plan.

Removal from the Safe Harbor Program

If a student tests positive for any banned substance after entering the Safe Harbor Program or fails to comply with the Safe Harbor Program treatment plan, the student will be removed from the Safe Harbor Program, an initial Safe Harbor positive test will be treated as a first positive, and a subsequent positive as a second positive, subject to the sanctions below.

Safe Harbor Protection

While in compliance with the Safe Harbor Program treatment plan, the student will not be included in the list of students eligible for random drug testing by ICA Sports Medicine. Students in the Safe Harbor Program may be selected for drug testing by NCAA or other organizations.

Confidentiality

The associate athletic director for student-athlete development, the head athletic trainer, the student’s head coach, the team physician, and the student’s parent or guardian will be informed of the student’s participation in the Safe Harbor Program. The certified athletic trainer assigned to that sport may also be notified, if medically appropriate. The assistant coach(es) may also be informed at the discretion of the head coach. Other university employees may be informed only to the extent necessary for the implementation of this policy.

Testing Procedure

Includes Tests by ASU, NCAA, and Other Organizations

A positive test for a banned substance can result from a test administered by or on behalf of ASU. A positive test administered by or on behalf of NCAA (pursuant to NCAA rules and procedures) for a banned substance will also be counted as a positive test under this policy. In addition, a drug test administered by any organization in connection with any university-sanctioned or -supported event or any event at which the student is representing ASU that reflects the presence of a banned substance at a level banned by the NCAA at the time of the test will also be treated as a positive test under this policy.

Notice of Testing

For testing administered by or on behalf of ASU, ICA Sports Medicine personnel will notify students and head coaches of scheduled drug testing dates and times. Students are also subject to random testing. Testing may occur throughout the calendar year, including during the summer. ICA Sports Medicine may also test students based upon “just cause” or reasonable suspicion that drug testing may produce evidence of drug use.

Test Administration (for Tests Administered on Behalf of ASU)

ICA Sports Medicine or an outside company under contract with the university will supervise the collection, screening, and analysis of a urine sample from the student. At the time of collection, all samples will be screened for a specific gravity level. If a sample does not meet the required level of specific gravity, the student will be required to remain in the drug testing area until an adequate sample can be obtained, or until released by Sports Medicine personnel. If the sample meets required specific gravity levels according to the methods available at the time of collection, but does not meet those standards upon laboratory analysis, the sample may be tested for diuretics. Specific specimen collection procedures are to be followed.

Each urine sample will be analyzed for the presence of banned substances and is the property of ASU. Any time a student receives a positive result, the student will be subject to the consequences outlined below. The student will be responsible for obtaining necessary signatures on a routing form provided by the associate director for academic and student services to demonstrate that required meetings have occurred.

Altered Samples

ASU bans the use of substances and methods that alter the integrity or validity of urine samples provided during drug testing. Examples of banned methods are catheterization, urine substitution, and tampering with or modification of renal excretion by the use of diuretics, probenecid, bromantan or related compounds, and epitestosterone administration.

Consequences of Positive Test Results

First Positive Test

If a student receives a positive test result for any banned substance or if a missed test is treated as a first positive, the following consequences will occur:

The head athletic trainer or head team physician will meet with the student to discuss the test results, to discuss the potential consequences of drug use on health and performance, and to provide information about on-campus and off-campus resources for drug counseling.
The senior associate director may initiate a review of the student’s conduct under the “Student-Athlete Code of Conduct.”
The head team physician may suspend the student from practice or play, if medically indicated.
The student will be subject to repeated unannounced drug testing to be conducted at any time under the supervision of the Sports Medicine staff.
The student will be required to attend a confidential consultation and drug and alcohol screening session with a provider designated by ICA.
The student will be required to attend a substance abuse education program approved by ICA.
The head athletic trainer will provide notice of the positive test and its consequences to the head coach and the student’s parent or guardian.
The senior associate director may require the student to meet with the associate director of athletics or the athletic director.

Second Positive Test

If a student receives a second positive test result for any banned substance (the substance does not need to be the same substance that resulted in any earlier positive test) or if a missed test is treated as a second positive, the following consequences will occur:

The head athletic trainer or head team physician will meet with the student to discuss the test results, to discuss the potential consequences of drug use on health and performance, and to provide information about on-campus and off-campus resources for drug counseling.
The senior associate director may initiate a review of the student’s conduct under “Student-Athlete Code of Conduct.”
The head team physician may suspend the student from practice or play, if medically indicated.
The student will be subject to repeated unannounced drug testing to be conducted at any time under the supervision of the Sports Medicine staff.
The student will be required to attend a confidential consultation and drug and alcohol screening session with a provider designated by ICA.
The student will be required to attend a substance abuse education program approved by ICA.
The head athletic trainer will provide notice of the positive test and its consequences to the head coach and the student’s parent or guardian.
The student will be suspended from competition for 25 percent of the competitive season. The suspension will begin immediately upon receipt of the second positive result and continue through postseason play and competition in the next season, as appropriate. The 25 percent will be calculated based on the total number of contests listed on the schedule approved by the ASU Office of Compliance. During the period of suspension, the student may continue to participate in practices and may continue to receive athletic financial aid.

Third Positive Test

If a student receives a third positive test for any banned substance (the substance does not need to be the same substance that resulted in any earlier positive test) or if a missed test is treated as a third positive, the following consequences will occur:

The head athletic trainer or head team physician will meet with the student to discuss the test results and to provide information about on-campus and off-campus resources for drug counseling.
The senior associate director may initiate a review of the student’s conduct under the “Student-Athlete Code of Conduct.”
The head athletic trainer will provide notice of the positive test and its consequences to the head coach and the student’s parent or guardian.
The student will be permanently suspended from the team and will lose all athletic financial aid for the subsequent semester, if any, in the current academic year and nonrenewal of athletic financial aid for all ensuing academic years.

Additional sanctions may be imposed under each team’s rules. Failure to comply with any sanctions imposed will be treated as a violation under the “Student-Athlete Code of Conduct.”

Missing a Test

If a student fails to report for a drug test after being notified of the test, he or she will be required to provide a specimen to a designated facility at a time designated by ASU and the student will be required to pay for the test. Except in extraordinary circumstances, the rescheduled time will be within 24 hours of the scheduled test.

The student will be not permitted to play, practice, attend team meetings, use ICA facilities, or attend nonpublic ICA activities until a missed test has been retaken as required by this policy.

Failure to provide a specimen at the rescheduled test will be treated as (and subject to the consequences of) a positive test.

If the student is tested at the rescheduled test and the test is negative, it will not be considered a positive test. The student will be required to pay for the full cost of the rescheduled sample collection. The student is responsible for getting to the rescheduled test at the designated place and time. The head coach will be notified by ICA Sports Medicine of the missed test, the consequences for missing the test, and the student’s obligation to seek the rescheduled test.

Students are required to complete their academic responsibilities (e.g., classroom or field experiences) and may be allowed to reschedule a drug test due to a documented academic conflict. The rescheduled test must occur within 24 hours of the scheduled test. To be allowed to reschedule within 24 hours, the athlete must inform the Sports Medicine staff of an academic conflict at the time of notification of the testing procedure. Students will be required to document each academic conflict to avoid an unexcused absence. ICA staff have the discretion to decide whether the absence will be excused and to verify the academic conflict.

Declining Levels

After consultation with the testing facility or other consultant selected by ICA, the head physician and head trainer have the discretion not to count a positive test result as a positive test under this policy if the level of the substance in question is determined to be a “declining level.” To be treated as a declining level, the student must have had a recent previous positive test for the substance, and the level at the later test would be expected given the time between the tests and no use of the substance following the first test.

Access to Information about Test Results

The athletic director, senior associate athletic director, the head athletic trainer, the student’s head coach, the team physician, and the student’s parent or guardian will be informed of test results and missed tests that are treated as positive tests. The certified athletic trainer assigned to that sport may also be notified, if medically appropriate. The assistant coach(es) may also be informed at the discretion of the head coach. Other university employees may be informed of test results to the extent necessary for the implementation of this policy.

Appeals Process

A student may appeal the finding of a positive result, violation of this policy, or the sanction imposed for either a positive test or violation of this policy. To appeal, the student must provide written evidence of a material procedural error, evidence that refutes the positive finding or violation, or evidence that the sanction is unreasonable. The student must submit the written appeal to the athletic director within seven days after the student is notified of the decision to be appealed. If the student does not appeal within seven days, the result, finding, or sanction cannot later be reviewed.

If the student wishes to appeal a positive test result, a finding of a policy violation, or a sanction other than suspension, the athletic director will appoint a three-member appeals committee to review the evidence and make a recommendation. The athletic director will provide a written decision to the student. This decision will be final.

If the student is not contesting the positive result or the finding of a policy violation but wishes to appeal a sanction of suspension or cancellation of financial aid, the student should follow the hearing procedures below.

If the student wishes to contest a positive test result or finding of a policy violation and a sanction of suspension or cancellation of financial aid, the student should follow the hearing procedures below.

The decision of a team physician to suspend a student from play or practice on medical grounds is not a sanction (and cannot be appealed) under this policy.

Hearing Procedures

Request for Hearing

The student is entitled to a hearing prior to imposition of suspension or cancellation of financial aid. To obtain a hearing, the student must submit a written request for a hearing within 10 university business days after receiving notice of the suspension and cancellation of athletic financial aid. Failure to request a hearing will result in a waiver of the right to a hearing. The sanctions will be imposed after the 10-day period has elapsed.

Hearing Officer

The deputy vice president/university dean of Student Affairs will designate the hearing officer.

Notice

Upon request of the hearing officer, ICA will provide the student and the hearing officer with copies of the positive test results, evidence of education or counseling sessions, the sanctions imposed, and evidence of completion of the sanctions. The hearing officer will provide notice to the student and to ICA of the date, time, and place of the hearing.

Attendance at the Hearing

Only the student, a representative of the athletic department, the team physician, the head trainer, and the hearing officer may be present for the hearing, except as otherwise permitted by the hearing officer. The student, ICA, and the hearing officer may also have an attorney or advisor present. If the student is not represented by an attorney at the hearing, ICA will not be represented by an attorney at the hearing.

Procedures

The hearing will follow the Board of Regents’ Student Disciplinary Procedures 5-401 through 5-404, unless the parties and hearing officer agree to modify the process. The hearing officer may limit the time available to each side for oral presentations.

Summary

Following the hearing, the hearing officer will prepare a brief summary of the hearing, including the following:

the names of those persons present at the hearing
the date, time, and place of the hearing
the test results
the position presented by the student
the position of the athletic department representative
a recommendation regarding the proposed sanctions. If the hearing officer recommends that the proposed sanctions not be imposed, he or she may recommend alternatives. The hearing officer will forward the summary to the ASU director of athletics within 10 university business days after the hearing.

Final Decision

The director of athletics, after reviewing the summary and recommendations of the hearing officer, will issue a final decision regarding the sanction, if any. The director of athletics will notify the student and ICA of his or her final decision in writing.

Education/Counseling for Drug Use/Abuse (Including Alcoholism)

ASU encourages students to seek assistance for problem drug and alcohol use. (Exhibit E lists some on-campus and off-campus resources available to students.) Additional information, literature, and confidential counseling are available to students through Student Health and Counseling and Consultation.

Confidentiality of Test Results

All information and records associated with the ASU drug testing policy, including test results, will remain confidential and, unless otherwise required by law, will be released only to the following persons:

team physician(s) and appropriate Student Health Center personnel
director of athletics
senior associate athletic director
head athletic trainer
head coach and assistant coach
Counseling and Consultation and/or outside entity under contract to ICA
Office of General Counsel
hearing officer, if an appeal is requested
other ASU employees, as necessary to implement this policy
parent or guardian.

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University Policy Manuals Group
1130 E. University Center, Suite 110
Mail code 4104 | 480/965-1717
Dorothy DiRienzi, Editor/Publisher

Department of Intercollegiate Athletics (ICA)

ICA 405: Drug Testing

Purpose

Source

Applicability

Contents

Policy