Drug Education, Screening and Counseling Program

POL 09.00.2

Intercollegiate Athletics

Authority: Board of Trustees

History: First Issued: September 15, 1990. Last Revised: November 16, 2007. Additional History Information.

Additional References:
Drug Education, Testing and Deterrence Program Consent Form
Appendix A - Drug Testing Protocol

Contact Info: Director of Sports Medicine (919) 513-4442

1. INTRODUCTION

The improper use of drugs has become a matter of deep concern within our society and is particularly a focus of attention and importance at North Carolina State University (NCSU). Many lives are being damaged, and in some cases destroyed by drug abuse. In addition, the criminal behavior occurring simultaneously with the use of drugs has reverberating consequences that damage and devastate family, colleagues, and friends.

Of particular concern is drug abuse by student athletes. They are often subject to performance, social and personal pressures that may make them vulnerable to this dangerous activity. Particularly because they are involved in complex and demanding social activity, drug use for them is a peril that must be avoided.

NCSU is committed to help its student athletes avoid these hazards and consequences. To this end, this program on drug education, testing and deterrence is designed specifically for the members of our intercollegiate athletic teams. It is based on the four purposes listed in section 2 and is structured on the four goals listed in section 3. Its efficacy is grounded in the mandate specified in section 4.

2. PURPOSES OF THE PROGRAM

Backed by the intention to deter the use of illegal drugs and the abuse of prescription drugs, there are four benchmark reasons for establishing this drug education and testing program.

2.1. Preservation and Enhancement of a Student Athlete's Health. Many drugs, when used in conjunction with athletic activities or physical conditioning programs pose serious risks to the health of the athlete. Periodic or sustained illness, temporary or permanent injury, and even death can be caused by such drug us e .

2.2. Preservation of the Health of Other Athletes and Members of the University Community. Drug use by an athlete can cause physical and mental damage to the athlete that may endanger other persons in contact with the drug user. These other individuals include but are not limited to team members, residence hall neighbors, and faculty and staff in contact with the athlete. The health and safety of these other persons is an important concern of NCSU.

2.3. Avoidance of Unfair Advantage. The use of certain drugs temporarily may improve some types of athletic performance and thereby create an unfair competitive advantage for the athlete using them. Such uses of drugs violate the basic principles of sportsmanship as well as the rules of this institution and the rules of conferences and associations dedicated to athletic competition.

2.4. Avoidance of Harmful Influence. Intercollegiate athletes frequently become highly publicized and emulated role models for both their college peers as well as numerous other young impressionable children and teenagers. The abuse of drugs by these athletes can negatively influence these young people as well as damage the reputation of the athletic program, the institution and the State of North Carolina. The avoidance of such damaging influence is an important objective of this institution.

3. PROGRAM GOALS

There are four goals of this drug education, testing and deterrence program. These goals are (1) to provide and promote an educational program that informs student athletes about drugs and drug abuse; (2) to assist in identifying the student athlete who is a substance abuser through a screening program based on periodic testing designed to reveal the use of drugs; (3) to deter student athletes from misusing drugs; and (4) in appropriate cases, to discipline or remove from our athletic program s any student athlete who is found to have violated the requirements of this policy.

4. PROGRAM MANDATE

All student athletes involved in NCSU's intercollegiate athletics program must comply with the terms and requirements of this policy and program. Both to become and remain a participant in North Carolina State University's intercollegiate athletics programs, the student athlete must agree to abide by this policy and comply with the terms of the drug education, testing, and deterrence program. The student athlete must sign the statement set forth in section 6 acknowledging that the student athlete has received and read NCSU's Drug Education, Testing, and Deterrence Program and agreed to abide by all the requirements of the program. A student who fails to sign the statement will not be permitted to participate in NCSU's intercollegiate athletic programs.

5. PROGRAM COMPONENTS

5.1. Education

A critical part of this program is education provided to student athletes about the effects of drug use and the importance of avoiding all involvement in prohibited uses of drugs. Each member of every intercollegiate athletic team at North Carolina State University will be required to participate in specific drug education activities. These activities may be scheduled in large group, team or small group settings. Failure to attend or participate in required education activities may result in the sanctions listed in section 5.5

5.2. Testing

5.2.1. Drug screening tests. To participate in intercollegiate athletics at NCSU, each athlete must submit to drug screening tests designed to reveal the use of prohibited drugs. The test will be a urinalysis or other drug screening exam and the test may occur on one or more of the occasions listed below. The collection of the test sample may be observed or unobserved. Prior to the testing, each athlete must sign a testing notification form.

5.2.2. Prohibited drugs. A student, during the period of his or her eligibility to participate in intercollegiate athletics, may not use the drugs specified in the NCAA Banned-Drug Classes list. Exceptions for categories a, c, d and f (NCAA banned drug classes) may be made by the NCSU Team Physician for those student athletes with a documented medical history demonstrating the need for regular use of such a drug. The NCAA Banned-Drug Classes list is published each year in the NCAA manual for that year. A copy of the list will be provided to each student athlete by the Compliance staff at the eligibility meeting that takes place at the beginning of each team's athletic season. The list is also available upon request from the Director of Sports Medicine and athletic trainers.

5.3. Testing Occasions

5.3.1. Pre-season testing. Every student athlete may be tested during the pre-participation physicals for their respective varsity sports.

5.3.2. Random Testing. Every student athlete will be subject to random testing. The testing occasion may be announced or unannounced and student athletes to be tested will be selected by a blind drawing of names from the team roster. Student athletes who are to be tested will be notified in writing as to the time and location of the test. The student athlete must sign this notification and present it to a testing official at the testing site. The testing protocol is set forth in Appendix A.

5.3.3. Reasonable Suspicion Testing

a. A student athlete may be subject to testing at any time when, in the judgment of the Athletic Director, there is a reasonable basis to suspect the student is engaged in the use of any drugs or substances prohibited by this policy. This reasonable suspicion may be based on information from any source, deemed reliable by athletic officials, including, but not limited to:

- Observed possession or use of drugs or substances that reasonably appear to those prohibited by this policy;

- Conviction of a criminal offense related to the possession, use or trafficking in drugs for substances prohibited by this policy or arrest for such an offense where there is a factual basis for the arrest;

- Observed abnormal appearance, conduct or behavior reasonably interpretable as being caused by the use of drugs or substances prohibited by this policy;

- Credible reports of usage or possession of drugs or substances prohibited by this policy.

If reasonable suspicion exists, an athletic official will notify the student of the need for testing.

b. When a student athlete has tested positive for drugs or substances prohibited by this policy, the student athlete may be tested again at any time. An athletic official will notify the student athlete of the testing date(s).

c. The testing protocol is set forth in Appendix A.

5.4. Consequences of Failure to Participate in or Cooperate with Testing

5.4.1. A student athlete who fails to execute the required individual notification form will lose his or her eligibility to participate in intercollegiate athletics for the balance of the academic year and the failure will be treated as a positive test.

5.4.2. A student athlete who fails to appear for testing without a satisfactory explanation for the absence, or who attempts to circumvent the specimen collection and testing process will lose his or her eligibility to participate in intercollegiate athletics for the balance of the academic year and the failure or attempt will be treated as a positive test. A student athlete who fails to appear for testing and provides an explanation for the absence that is satisfactory to the Athletic Director or designee may be tested as soon as practicable, at the discretion of the Director of Athletics or designee.

5.4.3. Not producing the required urine specimen will be treated as a positive test result for a substance that is not an anabolic agent and will be subject to the sanctions set forth in Section 5.5. Production of an adulterated or diluted sample will be considered a failure to produce a required urine specimen.

5.5. Consequences of Impermissible Use of NCAA banned drugs

The minimum consequences specified in this section will apply following (a) any positive result on a drug test administered pursuant to this policy, (b) any positive result on an NCAA administered drug test, or (c) the occurrence of an event that is considered the equivalent of a positive test under section 5.4 of this policy.

5.5.1. Notification, Counseling, Treatment, and Additional Testing.

a. Athletic Officials will notify the student athlete's parents or guardians of the positive test result and resulting consequences by phone or other means. Athletic Officials will also notify the head coach of the sport in which the student participates.

b. The student athlete will undergo an evaluation by a licensed clinical addiction specialist designated by the athletics department and be required to attend counseling sessions, education programs and/or rehabilitation activities as specified by the Director of Sports Medicine in consultation with the licensed clinical addiction specialist.

c. The student athlete will be required to undergo additional testing.

d. If the Athletic Director considers the matter sufficiently serious, the student may also be suspended from practice and/or competition for one or more games, suspended from participation in intercollegiate activities, dismissed from the athletic team, and may suffer loss of financial aid and eligibility. See definitions in section 5.5.2 below. The Athletic Director shall determine the parameters of any suspension, including denial of access to team benefits (e.g., academic support, tutors, training room, weight room, etc.)

5.5.2. Suspension, Dismissal/Removal, and Loss of Financial Aid and Eligibility

5.5.2.1. The following terms are defined as follows:

a. Suspension means removal from one or more athletic activities for a period of time. Unless otherwise specified, the student is prohibited from using athletic facilities during the time of the suspension.

b. Intercollegiate athletic activity means any activity within the athletic department, including but not limited to practice, competition, receipt of team benefits, participating in other functions within the athletic department, and serving as a student assistant, manager, trainer, administrative assistant, etc.

c. Dismissal/Removal means the student is removed from the team and all team activities and all intercollegiate athletic activities permanently. A student dismissed or removed may petition for reinstatement on the team within six months of meeting all conditions specified in the written notification of dismissal/removal unless the dismissal or removal is based upon a second positive drug test for a substance that is identified as an anabolic agent on the NCAA list of banned drugs.

d. Loss of eligibility means the student athlete will be barred from using the NCAA one-time transfer exception. If eligibility is terminated, a student athlete is not eligible for recommendation of renewal of any athletics aid, and any existing athletic aid is subject to termination by a recommendation of the Director of Athletics in accord with the terms of the financial aid agreement between the student athlete and the University and in accord with University and NCAA rules and regulations.

5.5.2.2. Positive tests for a banned substance that is an anabolic agent

In addition to the consequences specified in section 5.5.1, the following minimum consequences will apply following a positive test result for a substance that is an anabolic agent

a. For a first positive test: The student athlete will be suspended from competition for six months. Even for a first positive test, if the Athletics Director considers the matter sufficiently serious, the student athlete may be suspended from practice, suspended from participation in intercollegiate activities, dismissed from the athletic team, and suffer loss of eligibility.

b. For a second positive test: The student athlete will be dismissed/removed from the athletic team and suffer loss of eligibility.

5.5.2.3. Positive tests for a banned substance that is not an anabolic agent

In addition to the consequences specified in section 5.5.1, the following minimum consequences will apply following a positive test result for a substance that is not an anabolic agent

a. For a second positive test: The student athlete will be suspended from competition for 20% of the next scheduled contests (which shall include pre-season, season and post-season competition). If the Athletic Director considers the matter sufficiently serious, the student may also be suspended from participation in other intercollegiate athletic activities, dismissed/removed from the athletic team, and suffer loss of eligibility Unless also suspended from participation in other intercollegiate athletic activities, a student suspended from competition may continue to practice with the team and have access to team benefits (e.g., academic support, tutors, training room, weight room, etc.) but may not compete, attend the game or engage in pre or post game activities that pertain to the competition.

b. For a third positive test: The student athlete will be dismissed/removed from the athletic team and all intercollegiate activities, and suffer loss of eligibility.

5.6. CONSEQUENCES FOR FAILURE TO COMPLY WITH SANCTIONS IMPOSED FOR VIOLATION OF THIS POLICY

Failure to comply with any of the sanctions imposed for violation of this policy may result in the imposition of additional sanctions including but not limited to removal from intercollegiate athletic activities, dismissal from the athletic team, loss of eligibility and/or non-renewal and/or cancellation of an athletic scholarship. These additional sanctions will be imposed in accordance with the procedures set out in Section 5.7 below.

5.7. PROCEDURES FOR IMPOSING SERIOUS SANCTIONS

Before the imposition of a sanction of suspension longer than one week, removal from participation in intercollegiate athletic activities, removal from the athletic team, loss of eligibility or non-renewal and/or cancellation of an athletic scholarship, the following procedures will be followed:

5.7.1. Written notice

The student athlete will be given written notice by the Athletic Director of the intention to impose one or more of the sanctions listed immediately above, the reasons for the proposed action, and the right of the student athlete to request a hearing.

5.7.2. Exception to the Notice Requirement:

If the proposed sanction is based on a preliminary determination of improper drug use that may threaten the health of the athlete other student athletes or other members of the institutional community, all athletic participation, training, practice, and competition shall be stopped immediately, pending a medical determination as to whether the athlete is fit and able to resume safe participation in athletic activities. This medical determination, designed to protect the health of the student athlete, other student athletes or other members of the athletic community shall be made as promptly as possible. Any information supplied by the student athlete to medical personnel incident to making such a determination shall not be admissible in any institutional disciplinary process.

5.7.3. Request for hearing or waiver of hearing

To obtain a hearing the student athlete must submit a written request to the Athletic Director within five calendar days after receiving the written notice referred to in section G.1 above. If the student athlete does not request a hearing within this five (5) day time, or if the student wishes to waive the hearing and so signifies in writing, the proposed sanctions may be imposed immediately. No institutional hearings or appeals will thereafter be available.

5.7.4. Hearing

5.7.4.1. The Hearing Committee

If the student athlete requests a hearing, a standing committee of three persons appointed by the Athletic Director shall conduct a hearing. No officer, administrator, employee, or agent of the Athletic Department shall be eligible to serve on such a committee.

5.7.4.2. Hearing Procedure

a. The hearing shall be convened within seven university business (7) days after it is requested. The hearing shall be closed to the public. The student may be accompanied by a person of his or her choice, who may observe but not participate in the hearing.

b. The Director of Athletics, or his/her delegate, may attend the hearing and may be accompanied by an observer of his or her choice.

c. No attorneys may participate in the hearing except as an observer.

d. The Director of Sports Medicine or designee shall present evidence in support of the alleged violation of this policy.

e. The student athlete must be given an opportunity to question this evidence and to present witnesses and documentary evidence, provided that the evidence is relevant to the alleged violation and not unduly repetitious. Witnesses may be sequestered during their testimony.

f. The Director of Sports Medicine shall have the burden to prove by a preponderance of the evidence that a violation of this policy did in fact occur.

g. At the conclusion of the evidence, the committee will excuse all parties and witnesses and then will deliberate to determine whether a violation occurred. This determination must be based solely on the evidence presented at the hearing.

h. Within three (3) days after the conclusion of the hearing, the committee shall report its recommended findings of fact and proposed sanctions to the Athletic Director.

i. The Athletic Director shall make the final determination of whether a violation occurred and if so what sanction should be imposed.

j. Within five university business days, the student athlete may appeal the decision of the Athletic Director to the Chancellor or designee. No further appeals are permissible. Imposition of serious sanctions as set forth in Section F may not occur until appeals through the level of the Chancellor have been concluded.

5.7.5. Temporary suspension from competition pending a final decision.

Where a student athlete is scheduled to engage in intercollegiate competition before the Athletic Director can issue a decision, the Athletic Director or designee may impose a temporary suspension from competition. Temporary suspension may be imposed after the Athletic Director or designee (1) meets with the student athlete, (2) explains what the alleged violation is and what evidence exists, (3) allows the student athlete to explain, deny, or rebut, and (4) the Athletic Director or designee determines the evidence is strong enough to warrant a hearing and a suspension until a decision on the hearing. The temporary suspension may remain in place, in the Athletic Director's discretion, until there is a final decision based on the hearing.

5.8. PROCEDURES FOR IMPOSING LESSER SANCTIONS

Sanctions other than those specified in Section 5.8 may be imposed after a meeting between the student athlete and the licensed Clinical Addiction Specialist appointed by the Athletics Department to discuss the alleged violation of policy. At that meeting the student shall have an opportunity to speak in his or her defense, including an opportunity to deny the violation or explain the circumstances of a violation. The licensed Clinical Addiction Specialist will discuss the facts with the Director of Sports Medicine who will determine whether sanctions are to be imposed. The decision of the Director of Sports Medicine is final. No appeal is permissible.

6. CONSENT

The student athlete shall receive, read, and consent to this policy prior to participation in athletic activities. This consent will be signified by the student athlete's signature affixed to a consent form containing the following statement:

I have received and read the University's Drug Education, Testing and Deterrence Program. I have been given the opportunity to ask questions about this policy. I understand this policy and my responsibilities under its provisions. I agree to abide by all of the requirements of the policy and this decision is voluntary on my part. I further understand that my participation in intercollegiate athletics is contingent on my adherence to this policy.

The form shall be dated and signed by the student athlete, and by the student athlete's parent or guardian if the student athlete is a minor under North Carolina law.

APPENDIX A: DRUG TESTING PROTOCOL

1. Introduction: the basic test to be used for drug screening is a urinalysis, which is designed to reveal the presence of the drugs listed in the NCAA Banned-Drug Classes list. However, other types of tests may be used from time to time to determine the presence of these substances.

2. Notification: the student athlete will receive a written notice to appear for a drug test before the start of the test. The notice will include the time and location of the test and shall be signed by the student and submitted to the Director of Sports Medicine or his/her designee at the time specified for conducting the test. Upon receipt of the notice, the student athlete will accompany the athletic official to the testing site.

3. Collection Procedure: a third party contractor, under an agreement with the University, will coordinate the collection process. Urine specimens will be collected, maintained and tested under this agreement. Names of student athletes will not be transmitted to the contractor by the university. Upon arrival at the testing site, the student athlete will be required to wash his/her hands. The student athlete may not bring food or drink to the testing site and must remain in the designated collection area until the required urine sample is produced. No one other than the student athlete and athletic officials monitoring the collection may be present during collection of the sample.

4. Testing Processing: after specimens have been collected, they will be transmitted to an approved laboratory that will screen the specimens for any or all of the drugs listed in the NCAA Banned-Drug Classes list. The screening procedure will comply with the contractual agreement between the third party contracting party and the university.

5. Test Results: the third party contractor will notify the university of the test results.

6. Notification to the Student Athlete: the student athlete will receive notice of the positive test result from the Director of Sports Medicine. If the student athlete contests the positive result or offers an explanation for this finding, the student athlete will be offered an opportunity to consult with the medical review officer.

7. Findings of the Medical Review Officer: after conferring with the student athlete and reviewing the test results, the medical review officer will transmit the findings to the Director of Sports Medicine who shall make a copy available to the student athlete.

8. Consequences of a Positive Result: once a positive result has been confirmed by a third party contractor and, if requested, reviewed by the medical review officer, the University may begin the disciplinary process specified in the Drug Education, Testing and Deterrence Program.

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