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Appendix D
(Consent Form)
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POLICY AND PROCEDURES FOR
ALCOHOL AND OTHER DRUG TESTING
POLICY
I. PURPOSE
Southern Illinois University Edwardsville is concerned with the health, safety and welfare of student-athletes who participate in its programs and represent the University in competitive athletics. The program takes the position that drug testing is appropriate to insure the health and safety of our student-athletes, to promote fair competition in intercollegiate athletics, to affirm compliance with the NCAA rules and regulations on drug and alcohol abuse, and to identify student-athletes who are improperly using drugs or alcohol and to assist them before they injure themselves or others, or become physiologically or psychologically dependent. Further, the Southern Illinois University Edwardsville Intercollegiate Athletics Program ("Athletics Program") recognizes its responsibility to provide educational programming that will support positive decision-making processes. The athletics program will encourage and support programming which educates student-athletes on the physiological and psychological dangers inherent in the misuse of drugs and alcohol, inform student-athletes about the local, state, and federal laws concerning the use and possession of alcohol and drugs, and reinforce alternative activities supporting a drug or alcohol free lifestyle. A drug and alcohol program which embraces an educational, screening, and (if necessary) rehabilitation component, will facilitate a positive decision-making process for our student-athletes.
II. CONDITIONS OF ELIGIBILITY
All student-athletes must sign a NCAA form in which the student-athlete consents to be tested, during NCAA postseason championships, for the use of drugs prohibited by NCAA legislation. In addition, all student-athletes must sign a University consent form to allow for testing and limited release of test results, as set forth in these procedures, as a condition of eligibility.
PROCEDURES
I. EDUCATION PROGRAM
During the academic calendar (Fall/Spring), at least four different educational programs on health, alcohol use, drug use, and wellness will be offered. Student-athletes will be required to attend at least two sessions per academic year as a condition of continuing eligibility for the succeeding year. These requirements may be fulfilled as a team or individual activity. Freshman enrolled in University 112 for student-athletes may apply that class to fulfill one of the required sessions.
II. TESTING PROCEDURES
Effective Fall Semester, 2001, the Athletics Program will conduct substance abuse testing in accordance with the accepted procedures set forth in this document. As part of this testing, a student-athlete may be asked to take a urine, saliva, and/or breathalyzer test to detect illegal drugs, non-prescribed drugs, alcohol, narcotics and/or steroids at such times and places as directed by the Athletics Program.
The drugs or drug-classes TO BE TESTED for include, but are not limited to the following: ALCOHOL, STIMULANTS, ANABOLIC AGENTS, DIURECTICS, STREET DRUGS, PEPTIDE HORMONES AND ANALOGUES (see Appendix A).
Testing will be conducted for all student-athletes on the squad list. This includes student-athletes actively participating, student-athletes who are medically disabled, student-athletes who are red-shirted, student-athletes who are partial qualifiers, and those who have exhausted their eligibility, but are still receiving athletic aide. Unannounced testing may occur at any time of any day with a minimum two (2) hour notice. The selection for testing will be based on random selection, a prior positive test as outlined in section IV, reasonable suspicion of misuse/abuse or other reasonable cause.
The REFUSAL to provide a sample will be considered a positive test and will include all of the sanctions of that positive level.
All urine samples for testing will be collected in compliance with NCAA as well as United States Department of Transportation (DOT) drug testing guidelines (see Appendix B). Collected samples will remain under constant supervision of the Head Athletic Trainer prior to being shipped to the testing facility. Identification information, for each sample, will remain under the constant supervision of the Head Athletic Trainer until results are returned to him/her from the testing facility.
The Athletics Program bans the use of substances and methods that alter the integrity or validity of urine samples provided during drug testing. Examples of banned methods include catheterization, urine substitution, and tampering with or modification of renal excretion by the use of diuretics, probenecid, bromantan or related compounds, and epitestestosterone administration. Any urine sample tested for the presence of banned substances may also be tested for the presence of substances used to alter the integrity or validity of urine samples. A positive finding for these substances will be considered a positive test and sanctions of that positive level will be imposed.
The results of the testing program will become a part of the student-athletes medical record and are considered to be confidential. Records and other information shall remain in the confidential possession of the Head Athletic Trainer or his/her designee and may be released only as stated on the consent form and as set forth in the Procedures section. In the event of a valid subpoena to release the record, wherever possible, the affected student will be notified before compliance with the subpoena.
The Athletics Program will also issue a positive test finding with its particular sanctions to a student-athlete upon conviction or plea of guilty of the following:
1. Driving under the influence (DUI, DWI).
2. Public Intoxication.
3. Drunk and Disorderly.
4. Violation of Illinois' Zero Tolerance Law (625 ILCS 5/11-501.8).
5. Other alcohol and other drug offenses, including possession.
Any student-athlete who has not tested positive in prior testing who voluntarily seeks counseling prior to being selected for a random test will not face automatic testing, but will be referred to the appropriate counseling service. The student-athlete will be responsible for any costs that are incurred. The student-athlete will remain in the random testing pool. ALL TEST RESULTS accumulate during the ENTIRE TIME that an individual is a student-athlete at Southern Illinois University Edwardsville.
III. TESTING PRIOR TO NCAA CHAMPIONSHIP
Teams and/or individuals likely to advance to NCAA Championship competition are subject to testing. Testing may be required of all team members or individual student-athletes within thirty (30) days prior to participation in NCAA Championship competition.
IV. SANCTIONS AFTER POSITIVE TEST RESULTS
A positive test for alcohol for any student-athlete under 21 years of age will result in the sanctions set forth in this policy. Any student-athlete, 21 years of age or older who tests positive for alcohol may be subject to sanctions pursuant to the rules of the applicable sport.
1. FIRST POSITIVE TEST RESULT
- Head Athletic Trainer and Director of Athletics notified.
- Director of Athletics will notify Head Coach.
- Additional testing whenever the Athletics Program conducts testing over the next twelve (12) months with a minimum two (2) hour notice.
- Mandatory conference call with parents/guardians, and Director of Athletics or his/her designee.
- Suspended immediately upon positive notification for the next first full day of athletic competition. Suspension from athletic contests does not relieve student-athlete from any other responsibility as a team member, including, but not limited to attendance at all practices or other team events.
- The student-athlete will be required to have an evaluation at the Southern Illinois University Edwardsville's Counseling Services office. The evaluation may also occur at an external agency. Recommendations from Counseling Services or any external agency will be forwarded to the Director of Athletics and the student-athlete must comply with the recommendations. The evaluation and any recommendation must be completed within a two-week period of the incident. The student-athlete is responsible for all costs incurred for these services.
2. SECOND POSITIVE TEST RESULT
- Head Athletic Trainer and Director of Athletics notified.
- Director of Athletics will notify Head Coach.
- Additional testing whenever the Athletics Program conducts testing over the remainder of the student-athletes eligibility, with a minimum two (2) hour notice.
- Mandatory conference call with parents/guardians, and Director of Athletics or his/her designee.
- Suspended immediately upon positive notification for the next three (3) full days of scheduled competition.
- The student-athlete will be required to have an evaluation at the Southern Illinois University Edwardsville's Counseling Services office. The evaluation may also occur at an external agency. Recommendations from Counseling Services or any external agency will be forwarded to the Director of Athletics and the student-athlete must comply with the recommendations. The evaluation and any recommendation must be completed within a two-week period of the incident. The student-athlete is responsible for all costs incurred for these services.
3. THIRD POSITIVE TEST RESULT
- Head Athletic Trainer and Director of Athletics notified.
- Director of Athletics will notify Head Coach.
- Termination of team membership.
- Cancellation and non-renewal of Athletic Scholarship.
- Mandatory conference call with parents/guardians, and Director of Athletics or his/her designee.
V. CONVICTION OF TRAFFICKING/DEALING
A student-athlete will be terminated from team membership upon conviction of trafficking/dealing in any illegal substance. Termination will also include a recommendation for non-renewal of any athletic scholarship.
VI. REFERRAL PROCESS
In the event of a positive test, the student-athlete will be required to seek counseling and comply with any recommendations of the counselor. Part of the referral process will include signing a waiver and release of information that allows the Director of Athletics or his/her designee to contact parents/guardians and allows release of any treatment plan or recommendations to the Director of Athletics and parents/guardians. This waiver will also allow the Director of Athletics or his/her designee to monitor compliance with the treatment plan. Failure to comply with the recommendations of the Counseling Services office or external counseling agency will subject the student-athlete to suspension from the team for a period of time designated by the Director of Athletics.
VII. APPEAL PROCESS
Student-athletes who test positive under the terms of the Alcohol and Other Drug Testing Policy and Procedures will be entitled to a meeting with the Director of Athletics or his/her designee prior to imposition of any sanction. Requests for such a hearing must be made in writing to the Director of Athletics within forty-eight (48) hours of notification of a positive test result. The student-athlete may have an advocate or other representation present if the student so desires. However, the role of an advocate or other representative is limited to advising and the student-athlete must present his or her own case. The meeting should take place no more than seventy-two (72) hours after the written request is received. Either the student-athlete or other parties involved may request an extension of this time to the Director of Athletics, upon showing good cause. These proceedings shall include an opportunity for the student-athlete to present evidence, as well as to review the results of the drug test. The proceedings shall be confidential. The decision by the Director of Athletics or his/her designee will be final.
A student-athlete who tests positive for a banned substance by the laboratory retained by the University may, within 72 hours following receipt of notice of the laboratory finding, contest the finding. The student-athlete may request the names of other laboratories from the Director of Athletics. In order to contest the finding, the student-athlete must authorize in writing the transmission of his/her urine sample from the first laboratory to any one of the other laboratories identified by the Director of Athletics. He/she must also authorize in writing the transmission of the test results by the second laboratory to the Director of Athletics. If the retest is positive, the student-athlete is responsible for the cost of additional laboratory fees. If the laboratory selected by the student-athlete finds that the student-athlete does not have a banned substance in his/her urine sample, the Director of Athletics will rely upon the second test result, which concluded that the student-athlete's urine did not contain any banned substance.
VIII. RESPONSIBILITY OF THE STUDENT ATHLETE
If the student-athlete tests positive under the guidelines set forth in the Athletics Program Alcohol and Other Drug Policy and Procedures, it will be the student-athlete's responsibility to pay for any services, which are required by sanctions.
IX. TESTING FOR REASONABLE CAUSE
Nothing in this policy shall prevent or limit Southern Illinois University Edwardsville's right to require a student-athlete to submit to testing when there is cause to do so. For purposes of this section, "cause" shall be defined as behavior, conduct, or performance by the student-athlete which leads the University to conclude that there is the likelihood that the student-athlete is taking or is under the influence of illegal drugs (as defined above) or alcohol. Reasonable cause may be based on information received that a student-athlete is using illegal drugs or alcohol. In said case, the determination that "cause" exists to require a student-athlete to submit to testing, with or without notice, will be made only after consultation between the Director of Athletics, Head Athletic Trainer, and the Head Coach of the sport. All must agree that the observations, behavior, conduct or performance of the student-athlete is such that testing for cause is required to protect the health of the student-athlete, the health of others and/or to protect the integrity of the sport. Additionally, a saliva test or breathalyzer may immediately be required upon determination by a Coach that a student-athlete appears to be currently under the influence of or impaired by alcohol. If a student-athlete refuses to submit to such a test, he/she shall be suspended and will receive sanctions for a positive test result.
X. DRUG TESTING PROTOCOL
The Athletics Program will follow the Alcohol and Other Drug Testing Protocol located in Appendix B.
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