Drug Testing Program

BY ANDRES FOCIL
Drug Testing Program

I. General Overview

Drug testing of student-athletes shall be in accordance with procedures and regulations set forth within this policy. Amendments and/or changes to the following procedures may be issued with or without notice, as deemed appropriate. Student-athletes will be informed of important revisions. Nothing within these procedures shall be construed to create a contract between student-athletes and the UAMDA. However, signed Consent and Notification forms shall be considered affirmation of the student-athletes’ agreement to the terms, conditions, policies and procedures contained herein. These signed forms shall be legal contractual obligations of the student-athletes.

II. UAMDA Drug Testing Components

The following are components of the UAMDA Drug Testing Program:

1. Who can be tested: All current student-athletes on the institutions’ squad list, members of all student-athlete support staff members and spirit groups and former student-athletes who have exhausted their eligibility, but are still receiving financial aid, are eligible to be tested.

2. Consent: Each student-athlete and his parent(s) or legal guardian(s) will receive a written copy of this policy and a consent form (Addendum A) on which the student-athlete, through his signature, acknowledges receipt and indicates understanding of the program. This signature acknowledges voluntary consent to the urinalyses involved and to the release to the testing results to a limited and pre-defined number of individuals. Signing of the consent form is a precondition for participation in intercollegiate athletics at the University of Arkansas.

3. Safe Harbor Program: The Safe Harbor Program (see Addendum C for complete program description) is a voluntary evaluation and counseling program option. A student-athlete who suspects he may be positive or has tested positive for banned substances may only enter the program if he asks to do so PRIOR to being drug tested. A student-athlete can only enroll by contacting the Drug Testing Administrator (Director of Athletic Training or Head Basketball Trainer). A student-athlete may only elect to enroll in the Safe Harbor Program one time in the course of their participation in intercollegiate athletics at the University of Arkansas.

4. Methods of Selection: Throughout the academic year and possibly during the summer months, drug testing will be performed on a regular basis. A current squad list for each sport will be used to select the desired number of team members or percentage of team members to be tested. In addition, student support staff members and spirit squad members will be included in testing throughout the year. Each student-athlete and others will be subject to testing at least once each academic year.

FAILURE TO REPORT TO THE DRUG TESTING SITE WILL BE DEEMED A POSITIVE TEST RESULT

5. Frequency of Testing:

  • All incoming student-athletes may be tested at the time of their Pre-Participation physical Exam.
  • All student-athletes will be subject to random or announced drug testing throughout the year and at anytime during their period of athletic eligibility.
  • All student-athletes with previous positives or a history of providing unsatisfactory specimens for analysis will be subject to more frequent drug testing throughout the year.
  • A student-athlete can be tested whenever medically warranted

6. Drug Testing For Reasonable Cause: Any student participating in the men’s intercollegiate athletic program is subject to drug testing upon request if there is reasonable cause to believe that the student may be using illegal drugs. Circumstances which constitute reasonable cause include, but are not limited to: prior UAMDA positive test for any of the NCAA banned substances, current or past involvement with the criminal justice system for drug and/or alcohol-related activities, prior treatment for substance abuse problems, physiological signs of possible impairment from substance abuse, or a pattern of abnormal or unusual behavior. Any coach, athletic administrator or athletic staff member concerned with a particular student should express this confidentially to the Executive Associate Athletic Director, the Director of Athletic Training or a team physician.

7. Student-Athlete Notification Process:

  1. Upon selection, student-athletes will be notified prior to testing by a member of the Athletic Training Department, the student -athlete’s coach, and/or a member of the athletics administration.
  2. Athletics department personnel will call all available phone numbers in an effort to notify the student-athlete. After attempts have been made to notify the student-athlete, a verbal message will be left indicating the date, time, and site of the test.
  3. Notification will take place no more than 48 hours before the scheduled test, and every effort will be made to provide at least 12 hours of advanced notice, although this may not be possible in certain situations.
  4. Upon notification:
    1. The student-athlete will be asked to furnish a phone number where he/she can be reached on the day of the test.
    2. The student-athlete will be reminded to report to the test site at the scheduled time with a picture ID.
    3. The student-athlete may be given a copy of the notification form, and a copy may be retained in the student-athlete’s permanent medical file.
  5. It is the Test Site Coordinator’s responsibility to notify the Director of Athletics or the Executive Associate Athletic Director of those individuals that do not report at the scheduled time for their test.
  6. If a student-athlete does not report at the scheduled time for his/her test, he/she will be sanctioned appropriately for his/her action. A “no show” will be interpreted as a positive test result, and the student-athlete will enter the penalty phase of the Drug Testing Program at the appropriate level.

8. Testing Conflicts

Student-athletes will be notified of time and place for substance abuse testing. A conflict in testing time may be rescheduled with the Test Site Coordinator (either the Director of Athletic Training or the Head Basketball Trainer) prior to the time of testing. Failure to report for drug testing after a positive test could result in additional sanctions including loss of grant-in-aid and termination from the team. The Director of Athletic Training will notify the student-athlete and head coach of consequences after failure to report. A suspension or other sanction may be appealed to the Director of Athletics or his or her designee with the decision being final. The student-athlete must test prior to participating in team functions.

9. Methods of Testing:

The UAMDA will utilize the SMART Basic Sports Panel with Ephedrine and/or the SMART Anabolic Steroid Panel. Specimens will be screened using Enzyme Immunoassay. Positive screens and ephedrine will be confirmed using GC/MS. Confirmed positives will be reported quantitatively. Negative results will be available with 24-48 hours of receipt at the laboratory and provided to the client. Positive results will be confirmed and available within an additional 72 hours (depending on drug class) to 14 days (anabolic steroids) and available to the client.

SMARTTM Anabolic Steroid analysis will be performed using GC/MS. Results are available within 14 days of receipt by the WADA accredited laboratory.

The designated laboratory will use a portion of the specimen (“specimen A”) for its’ initial analysis, consisting of sample preparation, instrument analysis and data interpretation.

  • If the initial analysis of the specimen shows the presence of a banned substance, the designated laboratory will immediately arrange for an analysis of the remainder of the specimen (“specimen B”).
  • Preparation and analysis of “specimen B” will be conducted by a laboratory staff member other than the individual who prepared and analyzed the student-athlete’s “specimen A”. The designated laboratory reserves the right to send “specimen B” to another certified laboratory for preparation, analysis, and interpretation.
  • Analysis and interpretation of “specimen B” will be final.


10. Collection Methods:

The UAMDA will utilize The National Center for Drug Free Sport, Inc. for specimen collection. See the Collection Procedures document (Attachment B) for specimen collection details.

11. Confidentiality:

Every effort will be made to insure the accuracy and confidentiality of the test results. Disclosure of testing results will be provided to those persons described within this policy as acknowledged by your signed “Consent & Authorization Agreement”. (Attachment A)

12. Notification of Results:

The designated laboratory will notify the Executive Associate Athletic Director and the Director of Athletic Training of the test results. Upon notification of a positive test result, the Director of Athletic Training will verbally notify the student-athlete, the student-athlete’s head coach, the UAMDA Life Skills Coordinator and the team physician (if necessary). The Executive Associate Athletic Director will notify the Director of Athletics and the Faculty Athletics Representative. In addition, the STUDENT-ATHLETE’S HEAD COACH WILL VERBALLY NOTIFY THE S/A’s PARENT(S) OR LEGAL GUARDIAN(S).

The student-athlete will also be notified in writing within 48 hours, with Xerox copies being sent to the Director of Athletics, the student-athlete’s head coach, the student-athlete’s parent(s) or legal guardian(s), the UAMDA Life Skills Coordinator, the Faculty Athletic Representative, the University Counsel and the team physician (if necessary).

13. Sale or Distribution of Illegal Drugs:

Any student-athlete who engages in the sale or distribution of illegal drugs will immediately be dismissed from the UAMDA.

o Any existing athletics financial aid will be terminated.

o Further sanctions by the University may be imposed including, but not limited to, suspension or expulsion.

14. Self-Referral/Safe Harbor:

1) Any student-athlete may refer himself/herself for evaluation or counseling by contacting a member of the coaching staff, UofA Athletic Training staff, and/or an athletics department administrator.
2) This self-referral will be held strictly confidential and no team and/or administrative sanctions will be imposed upon the student-athlete who has made a personal decision to seek professional assistance. The length of the program will last a reasonable amount of time.
3) A treatment plan will be put into place and the student-athlete will not be sanctioned for entry.
4) A student-athlete testing positive at the conclusion of the program will be subject to those sanctions of a first positive test.
5) The student-athlete will read and sign the attached Safe Harbor form before being admitted into a counseling program (Attachment G).

15. Counseling and Therapy:

The Department of Athletics has a full-time Life Skills Coordinator who counsels student-athletes on the dangers of substance abuse and assists in coordinating off-campus counseling services for the student-athletes.

When indicated, referrals are made to inpatient treatment facilities or other appropriate service providers as per the intervention policy.

Missed Appointments with Counselor – Any student-athlete who cancels an appointment must reschedule within one (1) week. The Life Skills Coordinator will monitor counseling session attendance and report missed sessions to the Executive Associate Athletic Director, the student-athlete’s Head Coach and the Director of Athletic Training, both verbally and in writing.

Any student-athlete who fails to show for a scheduled appointment for the second time will be suspended from practice, team meetings and competitions until completion of the appointment.

Any student-athlete who fails to show for any subsequent sessions will be suspended indefinitely until reinstated by the Director of Athletics.


III. Penalties Pursuant to Positive Drug Tests

The UAMDA believes it is in the best interest of the student-athlete to follow this policy and adhere to the rules and regulations outlined regarding substance use and abuse. In cases where individuals engage in abuse behaviors that violate the rules set forth, it is important that there is a clear understanding of the consequences for their actions.

EACH HEAD COACH RETAINS THE RIGHT TO DISMISS A STUDENT- ATHLETE FROM THE TEAM AND TO RECOMMEND IMMEDIATE CANCELLATION OR NON-RENEWAL OF ALL ATHLETICALLY RELATED FINANCIAL AID AFTER ANY POSITIVE DRUG TEST.

Penalty I Guidelines: (First positive (+) result)

  1. Suspension from intercollegiate competition for one (1) contest. The suspended contest will be the next consecutive event in the schedule. Post-season events are also included in the suspension (e.g., SEC Championships, bowl games, NCAA Championships, Post-Season Invitational events).
  2. Mandatory substance abuse counseling arranged by the Drug Testing-Administrator and the Life Skills Coordinator.
  3. During the period of his suspension and at anytime following reinstatement, the student-athlete will be subject to follow-up testing every 60 days for the remainder of his tenure at the UofA or when deemed appropriate.


Penalty II Guidelines:
(Second positive (+) test result)

  1. Suspension from intercollegiate competition for one half of the remaining number of scheduled contests. The suspended contests will be the next consecutive events in the schedule. Post-season events are also included in the suspension (see Penalty I).
  2. Mandatory substance abuse counseling arranged by the Drug Testing Administrator.
  3. During the period of his suspension and at any time following reinstatement, the student-athlete will be subject to follow-up testing every 60 days for the remainder of his tenure at the UofA or when deemed appropriate


Penalty III Guidelines:
(Third positive (+) test result)

  1. Suspension from intercollegiate athletics competition for one (1) calendar year beginning with notification of the positive drug test result.
  2. The student-athlete will be charged with the loss of one season of competition (a red-shirt season or medical hardship cannot be used to substitute for the loss of the season of competition.
  3. The student-athlete will not be eligible for renewal of any athletic scholarship for the following academic year, and the existing scholarship may be subject to cancellation consistent with university, SEC, and NCAA rules and regulations.
  4. Mandatory substance abuse counseling arranged by the Drug Testing Administrator and Life Skills Coordinator.
  5. During the period of suspension and at any time following reinstatement, the student-athlete will be subject to follow-up testing every 60 days or when deemed appropriate.

Penalty IV Guidelines: (Fourth positive (+) test result)

  1. The student-athlete is immediately dismissed from the University of Arkansas Department of Athletics’ program. The athletic eligibility of the student-athlete at the University will be cancelled permanently. The student-athlete will not be eligible for renewal of any athletic scholarship and existing scholarship may be subject to cancellation.
  2. The parents of the student-athlete will be notified of cancellation of eligibility.
  3. A student-athlete whose eligibility has been cancelled may seek assistance from established University counseling and medical resources. Such services will no longer be initiated or supervised by or paid for by the UAMDA since the student-athlete’s affiliation with the athletic program will have ended.


IV. Drug Testing Appeal Process
Any student-athlete who tests positive under the terms of this policy will be entitled to a hearing with the Executive Associate Athletic Director, the Faculty Athletic Representative and a member of the UofA General Counsel staff prior to the imposition of any sanction. Requests for such a hearing must be made within 48 hours of notification of a positive test result. If the 48 hours would end on a weekend, the request must be made by 12 noon on the next business day. Requests must be in writing and received by the Executive Associate Athletic Director.

The student-athlete may have an advocate or other representative present if he or she desires. However, the student-athlete must present his or her case. The meeting will take place no more than 72 hours after the written request is received. Either the student-athlete or the other parties involved may request an extension of time to the Executive Associate Athletic Director, who will consider whether to grant the extension upon a showing of good cause. The 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 and the decision by the Executive Associate Athletic Director regarding the sanction to be imposed shall be final.

V. NCAA DRUG TESTING PROGRAM
Each year, student-athletes will sign a drug-testing consent form demonstrating their understanding of the NCAA drug-testing program and their willingness to participate. This consent statement is required by the NCAA of all student-athletes before participation in intercollegiate competition during the year in question. Failure to complete and sign the statement annually shall result in the student-athletes’ ineligibility for participation in all intercollegiate competition.

By signing the NCAA drug testing consent form, the student-athlete agrees to allow the NCAA to test the student-athlete in relation to any participation by the student-athlete in any NCAA championship or in any post-season football game certified by the NCAA for the banned drugs listed in NCAA Bylaw 31.2.3.1. Additionally, all athletes may be randomly tested on a year-round basis, for anabolic agents, diuretics and urine manipulators. A list of banned drugs is provided

A student-athlete who tests positive, consistent with the NCAA drug testing protocol, shall be charged with the loss of a minimum of one season of competition in all sports if the season of competition has not yet begun for that student-athlete. A student-athlete who tests positive during a season of competition will be ineligible to participate in regular season and post-season competition during the time period ending one calendar year after the positive drug test.

If a student-athlete tests positive for a second time for the use of any drug, other than a “street drug” as defined in NCAA Bylaw 31.2.3.1, the student-athlete loses all remaining regular season and post-season eligibility in all sports.

Per NCAA Bylaw 18.4.1.5.1, if a student-athlete tests positive for the use of a “street drug” after being restored to eligibility, you shall be charged with the loss of one additional season of competition in all sports and also shall remain ineligible for regular season and post season competition at least through the next calendar year.

A policy adopted by the NCAA Executive Committee establishes that the penalty for missing a scheduled drug test is the same as the penalty for testing positive for the use of a banned drug.

Per NCAA Bylaw 18.4.1.5.1, a student-athlete will remain ineligible until the student-athlete retests negative and the NCAA Eligibility Committee restores the student-athletes eligibility.

The Executive Associate Athletics Director, Director of Compliance and/or the athletic training staff will disseminate the list of banned drug classes to all student-athletes and educate them about products that might contain banned drugs. All student-athletes will be notified if the list changes during the academic year. Updates can be found on the NCAA Web site (www.ncaa.org)

POST-SEASON BOWL GAME, NCAA CHAMPIONSHIP AND NCAA OUT-OF-COMPETITION (YEAR-ROUND) DRUG TESTING PROGRAMS:

The NCAA may conduct drug testing on student-athletes involved in post-season bowl games, NCAA championships, and on a year-round basis at random. The University of Arkansas may test any or all participants in post-season competition prior to participation in such post-season/championship events. This is an official drug screen of the University of Arkansas and the student-athlete is subject to all provisions of our Drug Testing policy. Anyone testing positive may be withheld from post-season competition. These tests will be used to detect NCAA banned drugs/substances.

1. Drug screens will be administered after qualification for post-season competition but prior to departure for post-season competition.
2. Any positive:

  • Will be subject to terms/conditions of the University of Arkansas Men’s Athletic Department Policy.
  • Could result in disqualification from post-season competition.

VI. EDUCATION AND PREVENTION

The Men’s Department of Athletics feels strongly that it has an obligation to inform its student-athletes about the dangers and realities of alcohol, tobacco, and other drug use and abuse. As part of this program, the Athletic Department will provide educational programs, information and activities to prevent substance abuse and promote a healthy lifestyle. Student-athletes are required to attend drug education programs presented during the academic year.

Components of the education program include:

  • Student-athletes and their parents/guardians shall receive a copy of the University of Arkansas Department of Athletics Policy on Alcohol, Tobacco and Other Drug Education and Testing each year. This policy and its’ components will be explained to all student-athletes by members of the Athletic Training staff at least once each academic year.
  • Each student-athlete is required to sign both the NCAA and the UofA Men’s Department of Athletics Drug Testing Consent Form each academic year prior to practice and competition.
  • The NCAA Banned Drug Classes list shall be distributed to each student-athlete at pre-season certification meetings. In addition, this list will be mailed to each incoming first-year student-athlete prior to enrollment.
  • Members of the Athletic Training staff shall explain to student-athletes the possible dangers of nutritional and dietary supplements each year. Student-athletes shall be encouraged to review the labels of any supplement they may take to determine if the supplement contains any banned NCAA substance.
  • Members of the Athletic Training staff shall periodically provide student-athletes with relevant information regarding substance abuse. This may be accomplished by placing the information in the student-athlete’s locker and/or posting it in a conspicuous place.
  • ALL student-athletes shall view the most current NCAA Drug Testing Program video at least once each academic year.
  • ALL student-athletes shall receive a multi-page NCAA certification packet each year. This packet shall contain relevant NCAA rules and regulations regarding the NCAA Drug Testing Program.
  • NCAA and other substance abuse posters shall be placed in each locker room in a conspicuous place.
  • Head Coaches of each team shall have informal discussions regarding alcohol and other drugs with members of their team periodically throughout the year.
  • Selected student-athletes shall attend the annual NCAA sponsored APPLE Conference and any meetings in conjunction with this program.
  • A representative of the Federal Bureau of Investigation (FBI) will speak to student-athletes at least once year regarding illegal drugs and gambling.

IF YOU HAVE ANY QUESTIONS:
PLEASE CONTACT THE DIRECTOR OF ATHLETIC TRAINING OR YOUR STAFF ATHLETIC TRAINER!

THIS POLICY WILL BE REVIEWED AND UPDATED PERIODCALLY AS NEEDED.



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