University of Arkansas - Fort Smith

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1 University of Arkansas - Fort Smith Purpose Education and Support Program on Drug and Alcohol Abuse/ Drug Testing Program It is a privilege to participate in the athletic activities at the intercollegiate level. It is believed and hoped that the implementation of this drug testing and education policy will serve to benefit all connected with intercollegiate athletics at the University of Arkansas - Fort Smith (UAFS). Further, it is hoped that through this policy participants in intercollegiate athletics will be better students and athletes, and will be better able to make individual, informed, and intelligent decisions with reference to drug usage, both now and in the future. Student-athletes are affected by their use of drugs and alcohol in a variety of ways. Individuals who use drugs or alcohol may suffer from short or long-term medical, social and behavioral problems. In addition to affecting the health and safety of the student-athlete, substance abuse exacts a tremendous cost in interference with performance. UAFS will conduct this drug-testing program to ensure the health and safety of the studentathletes involved in the intercollegiate athletic program. No one participant should have artificially induced advantage or be pressured to use chemical substances in order to remain competitive. Additionally, protecting the integrity of the student-athlete and UAFS s Intercollegiate Athletic program is of paramount concern. The potential for high visibility of those who participate in intercollegiate athletics makes it all the more important for participants to dedicate themselves to the idea of fair and equitable competition. This policy is the policy of UAFS s Athletic Department. It was designed to work in concert with the drug testing policy of the National Collegiate Athletic Association (NCAA) but is a separate and distinct policy. For ease in administration to reduce any confusion for studentathletes, UAFS wants to make it clear that it will screen for drugs that are also prohibited by the NCAA. UAFS s intercollegiate athletes must also comply with the drug use restrictions and testing requirements set forth by the NCAA. All student-athletes will be given documents that explain the NCAA policy on drug testing and intercollegiate competition eligibility. In addition, references to these regulations will be found in this document where applicable, but the Drug Testing Policy of UAFS is separate and independent from the NCAA. For the most up-to-date information on banned substances refer to the link provided: 1

2 Policy COMPETITION YEAR A competition year shall be defined as the months of August-May including post-season play. ELIGIBILITY This policy is in effect upon initial participation in the University of Arkansas - Fort Smith intercollegiate programs and ends when the student-athlete s eligibility ends by NCAA rule. DOCUMENTATION Written notification of the Drug Testing and Education Program shall be given to all studentathletes upon their initial arrival involvement in athletics at the University of Arkansas - Fort Smith. In addition, this document shall be made available to student-athletes upon request at any time during their participation in intercollegiate athletics. Anytime a change is made in the drug testing policy or procedure, notification will be provided to the student-athlete. The student-athlete is required to report and have on file with the Athletic Training Staff any medication(s) being taken while participating in intercollegiate athletics. Any student athlete that has been prescribed medication for ADD/ADHD needs to have proper documentation (per NCAA) from the prescribing physician. Please refer to this link: ce/eligibility+and+recruiting/drug+testing/exceptions.html TESTING Designated individuals in the UAFS Athletic Department will collect fluid samples. The samples will then be mailed to an accredited laboratory, which will conduct the actual testing. The testing laboratory will have a state license and be certified by the National Institute on Drug Abuse (NIDA) or the college of American Pathologists Forensic Urine Drug Testing Accreditation Program (CAP/FUDT) and will possess a Clinical Laboratory Improvement Act license. Every participant on an intercollegiate athletic team sponsored by UAFS shall be subject to random testing while enrolled in and participating as a student-athlete at UAFS. The number of student-athletes to be tested at any one time will be determined by the Director of Athletics or his/her designee. The fact that drug testing will occur will be announced to all student- athletes at the beginning of the year, although the exact date, time, place and who will be tested may not be announced until immediately prior to the drug test. To assure objectively, the student-athletes will be selected by a randomized selection process. 2

3 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. The Head Athletic Trainer or designee will be present at the time of the collection of the specimen to ensure the integrity of the testing procedure. In the event of a urine sample returned because it is too dilute to test by the laboratory, the student-athlete will be required to test again. RESULTS OF DRUG TESTING For purposes of this program, a positive drug test shall mean a test result, which indicated the presence of one, or more banned substance as defined by the NCAA. SELF-REPORTING DRUG USE A student-athlete may self-report drug use to the athletic department in an effort to seek assistance without penalty. This must be done prior to being selected to drug test. A studentathlete who has had a prior positive drug test (under either UAFS or NCAA Drug Testing Policies) is not eligible to self-report without penalty. This may be done one time only during the student-athlete s eligibility. Safe Harbor Program: The Safe Harbor Program is a voluntary evaluation and counseling program option. A student-athlete who has tested positive for banned substances or self-reported that they will test positive may only enter the program if he/she asks to do so BEFORE arriving at the drug testing site. A student-athlete can only enroll by contacting a Drug Testing Administrator (Director of Athletic Training / Head Athletic Trainer or Assistant Athletic Trainer.) REPORTING OF RESULTS/ CONFIDENTIALITY The designated laboratory will report all test results to the Director of Athletics and/or the Head Athletic Trainer who shall review such results. In the event of a positive drug test, the Director of Athletics shall notify the student-athlete and explain to them the test results. The student-athlete will be given the opportunity to retest immediately. The student-athlete shall be suspended from intercollegiate participation pending a review of any test results. The accuracy and confidentiality of the test results shall be maintained among the testing laboratory, the Director of Athletics, Head Athletic Trainer, Head Coach and student-athlete. The Head Coach may be informed of the fact that a student-athlete has tested positive for a banned substance and of the sanctions resulting from the test findings but will not be informed of the identity of the drug(s) a student-athlete has tested positive for without the student s knowledge and permission. 3

4 In certain circumstances, and with the knowledge and consent of the student-athlete, the results of drug testing conducted pursuant to this policy may also be communicated to the following University personnel in addition to the Director of Athletics and the Head Athletic Trainer: the Team Physician, Representatives of the Counseling Center, members of the Drug Testing Review Board, (DTRB), any designee of the foregoing and, if required by NCAA Bylaws, to the NCAA. PARTICIPATION IN DRUG TESTING Refusal of the student-athlete to consent to this program or to submit drug testing shall render the student-athlete ineligible from further participation in intercollegiate athletics activities. Refusal to participate may cancel the student-athlete s grant-in-aid. In the event a student-athlete misses the announced testing date/time, the student-athlete shall be immediately ineligible from further participation in intercollegiate athletic activities pending a written appeal. Costs associated with a make-up drug-test will be the responsibility of the student-athlete. In the event the NCAA selects a student-athlete to submit to drug testing, the student-athlete must comply or be subject to a loss of eligibility and suspension pursuant to NCAA Bylaws. A positive NCAA drug test, will also count as a strike against the student-athlete according to the UAFS drug testing policy. 4

5 APPEAL PROCESS Student-athletes who are found to be in violation of this policy and/or are suspended from participation or dismissed from intercollegiate athletics may appeal that decision to Drug Testing Review Board (DTRB). At the discretion of the DTRB, the student-athlete may be reinstated for participation. The decision may involve further testing. Student-athletes will have three (3) business days after being notified of a positive drug test result to appeal. Appeals must be submitted in writing to the Intercollegiate Athletic Department Office. The Director of Athletics or Head Athletic Trainer will distribute copies of the appeal to the members of the Drug Testing Review Board (DTRB) within two (2) business days after receiving the written appeal. Any appeal must state the specific reason for failure to participate in the drug testing process. Grounds for appeal may include the following: 1. Missed Scheduled Drug Test The student-athlete will be required to complete the scheduled drug test in a timely fashion. The DTRB shall make a recommendation to the Director of Athletics as to the disposition of the student-athlete involved in the appeal. The cost associated with testing make-ups shall be the responsibility of the student-athlete. 2. Procedural Questions If the University fails to abide by the procedures set forth in this document, a student-athlete may appeal the sanctions. 3. Availability of New Evidence If the student-athlete can provide evidence as to the legitimate use of a banned substance, he or she may appeal the sanctions. If the student-athlete wishes to choose another laboratory for re-testing, permission to do so must be gained from the Director of Athletics prior to the sample being tested. Such approval by the Director of Athletics shall be contingent upon said laboratory meeting the same accredited standards as described under the TESTING section above. DRUG TESTING REVIEW BOARD The DTRB shall be compromised of three UAFS employees. Members of the DTRB will be drawn from administrative and/or staff at UAFS, the Counseling Services Office, and a third atlarge member who may or may not be on the Faculty. The Athletic Department shall maintain a list of qualified individuals to serve on this Board to ensure the three qualified individuals are available to hear an appeal at any time. The selection of individuals to serve on the DTRB list will be based upon their familiarity with intercollegiate athletics and/or expertise in drug/alcohol abuse issues. 5

6 Prior to appearing before the DTRB, the student-athlete will be given the opportunity to present to the Board a position paper for the Board s review. At the hearing, both parties will have an opportunity to present their position to the Board members. A decision by the DTRB shall be presented to the Athletic Department and the student-athlete not more than five (5) business days following the student- athlete s appearance before them. FUNDING FOR TESTING The Department of Intercollegiate Athletics will pay costs associated with the randomized drugtesting program including shipping, lab fees, and printing. In the event of a disputed test result, the student-athlete may elect to challenge the results. The Athletic Department shall pay for one re-test at a lab of their choosing. It shall be the responsibility of the student-athlete to pay for the cost of associated with any additional retesting. A student-athlete required to seek assessment or treatment will be encouraged to do so at the UAFS Counseling Center. Costs for outside assessment and/or referral for treatment shall be borne by the student-athlete. INDIVIDUALIZED SUSPICION If the Head Athletic Trainer, the Head Coach, and/or the Director of Athletics have a wellfounded base for an INDIVIDUALIZED SUSPICION of the use of a drug banned by the NCAA, the Department of Athletics may require such student-athlete to submit to drug testing pursuant to this program. Individualized suspicion must be a reasonable, good faith belief that the student-athlete may have used a banned drug. Members of the Athletic Department staff are required to report behaviors, which may be indications that a particular student-athlete is in violation of the NCAA Drug Use Policy. 6

7 Procedures DOCUMENTATION Annually, prior to participation in intercollegiate athletics, each student- athlete will: 1. Be provided with a copy of the policy and procedure from the UA - Fort Smith Drug and Alcohol Abuse/Drug Testing Program. See the policy on Written Notification of the Drug Testing and Education Program for Details. 2. Have the Drug Testing Program explained to them by the Director of Athletics or his or her designee. Questions about the program will be encouraged. 3. Sign the UA - Fort Smith Drug Testing Consent Form for collecting and testing of fluid specimen and authorizing limited release of information. This consent form shall be signed concurrent with the NCAA Drug Testing Consent Form. TESTING Selection of student-athletes who will be tested will be conducted in the following matter: 1. The Director of Athletics or Athletic Training staff will determine the actual dates and times for testing the student-athletes. 2. The Director of Athletics, Athletic Training Staff and or Head Coach will notify the student-athlete that they have been selected for participation in the UAFS drug testing process. They will be provided with the student-athlete s name, date, time, and location of the test. 3. The student-athlete will: a. Report to the testing site at a designated time with photo ID. b. Complete the drug testing form at the time of testing. c. Select a sealed collection container, provide a specimen, and securely seal. 4. The Athletic Training Staff will: a. Ensure the validity of the sample at the time it is provided. b. Seal the container for delivery to the lab under the supervision of the studentathlete. c. It is the Test Site Coordinator s responsibility to notify the Director of Athletics of those individuals that do not report at the scheduled time for their test. d. 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 penalty phase of the Drug Test Program at the appropriate level. 5. The Testing Lab will process the samples and the Head Athletic Trainer will check the results online. 6. The Director of Athletics and the Head Athletic Trainer will review the results of the drug testing. 7. Those student-athletes who test positive will be notified of their results. 7

8 Sanctions All student-athletes whose positive test result is confirmed will be subject to, but not limited to, the following disciplinary actions. FIRST POSITIVE DRUG TEST RESULT The student-athlete shall be notified by the Director of Athletics and advised to notify his/her parents. The student-athlete will meet with the Director of Athletics, Head Coach, and Head Athletic Trainer. The student-athlete shall be notified in writing that he/she has been suspended INDEFINITELY, pending a review of the test results. The student-athlete may request a copy of the test results at this time. If the student-athlete is under 18 years of age, his or her parent(s) or guardian(s) will be notified at this time. Should any student testing positive request it, a conference call with the parent(s) or guardian(s), the student-athlete, the Director of Athletics, Head Coach, and/or Head Athletic Trainer will be arranged. Within three (3) days after notification of a positive drug test result, the student-athlete may challenge the validity of the test results. The student-athlete will follow the appeals process as described in this document. Another drug test may be scheduled immediately and the studentathlete may avail him/herself of UAFS s appeals process. A meeting will be arranged within the following three (3) business days. The student-athlete will be required to have a substance abuse assessment performed by the Counseling Center at UAFS. Results from this assessment will be shared with the Director of Athletics and the Head Athletic Trainer and used in determining reinstatement for participation in intercollegiate athletics. The student-athlete will be asked to confirm with the Director of Athletics and with the Head Athletic Trainer when they have set up an appointment with the Counseling Center. The Counseling Center will complete an assessment of the student-athlete, which will then be sent to the Head Athletic Trainer. The student-athlete shall be required to complete a rehabilitative effort as determined and coordinated by the Counseling Center at UAFS. Such rehabilitative effort may include education, assessment, and/or referral for treatment as deemed appropriate by the Counseling Center. Costs for outside assessment and/or referral for treatment by a substance abuse professional shall be borne by the student-athlete. After successful completion of the rehabilitative effort as defined by the Counseling Center and referral agencies and elimination of any banned substance verified through re-testing of the student-athlete, the student-athlete will request in writing that the Director of Athletics reinstate the student-athlete s eligibility. If, in the opinion of the Director of Athletics the student-athlete has conformed to this program, reinstatement of eligibility will be made. 8

9 A student-athlete who has tested positive, completed the rehabilitative effort, and returned to participation will be subjected to subsequent testing as a condition of maintaining his/her eligibility in UAFS Athletics. A coach may impose additional sanctions related to team activities. 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. Failure to participate in the rehabilitative effort will result in additional suspension or dismissal from the intercollegiate athletic program, which carries a loss of athletic related aid. First Positive Drug Test Protocol 1. Student-athlete is SUSPENDED INDEFINETLY 2. Should any student testing positive request it, a conference call with the parent(s) or guardian(s), the student-athlete, the Director of Athletics, Head Coach, and/or Head Athletic Trainer will be arranged. 3. Within three (3) days after notification of a positive drug test result, the student-athlete may challenge the validity of the test results. The student-athlete will follow the appeals process as described in this document. 4. The student-athlete is required to have a substance abuse assessment performed by the Counseling Center at UA Fort Smith. 5. The student-athlete confirms appointment with the Counseling Center with the Director of Athletics and with the Head Athletic Trainer when they have set up an appointment. 6. The Counseling Center will complete an assessment of the student-athlete. Results from this assessment will be shared with the Director of Athletics and the Head Athletic Trainer and used in determining reinstatement for participation in intercollegiate athletics. 7. The student-athlete shall be required to complete a rehabilitative effort as determined and coordinated by the Counseling Center at UA Fort Smith. 8. After successful completion of the rehabilitative effort as defined by the Counseling Center and referral agencies and elimination of any banned substance verified through retesting of the student-athlete, the student-athlete will request in writing that the Director of Athletics reinstate the student-athlete s eligibility. 9. If, in the opinion of the Director of Athletics the student-athlete has conformed to this program, reinstatement of eligibility will be made. SECOND POSITIVE DRUG TEST RESULT All procedures listed in the FIRST POSITIVE DRUG TEST RESULT will be in effect. Additionally, the student-athlete will be immediately suspended for a portion of the maximum allowable contests during the traditional season. The Director of Athletics will determine the 9

10 length of this suspension. This does not include exhibition or pre-season contests but may include post-season competition. The suspension may carry over to the next season or sport in the case of a multi-sport athlete. The Counseling Center at the UA Fort Smith shall work with the student-athlete to assist him/her in identifying additional treatment options and to assist him/her with the pursuit of the option best suited to the individual needs of the student-athlete. Return to participation will follow those procedures listed in the FIRST POSITIVE DRUG TEST RESULT section. Second Positive Drug Test Protocol 1. Student-athlete is SUSPENDED INDEFINETLY 2. Should any student testing positive request it, a conference call with the parent(s) or guardian(s), the student-athlete, the Director of Athletics, Head Coach, and/or Head Athletic Trainer will be arranged. 3. Within three (3) days after notification of a positive drug test result, the studentathlete may challenge the validity of the test results. The student-athlete will follow the appeals process as described in this document. 4. The student-athlete is required to have a substance abuse assessment performed by the Counseling Center at UA Fort Smith. 5. The student-athlete confirms appointment with the Counseling Center with the Director of Athletics and with the Head Athletic Trainer when they have set up an appointment. 6. The Counseling Center will complete an assessment of the student-athlete. Results from this assessment will be shared with the Director of Athletics and the Head Athletic Trainer and used in determining reinstatement for participation in intercollegiate athletics. 7. The student-athlete shall be required to complete a rehabilitative effort as determined and coordinated by the Counseling Center at UA Fort Smith. 8. After successful completion of the rehabilitative effort as defined by the Counseling Center and referral agencies and elimination of any banned substance verified through re-testing of the student-athlete, the student-athlete will request in writing that the Director of Athletics reinstate the student-athlete s eligibility. 9. If, in the opinion of the Director of Athletics, the student-athlete has conformed to this program, reinstatement of eligibility will be made. 10. Additionally, the student-athlete will be immediately suspended for a portion of the maximum allowable contests during the traditional season. The Director of Athletics will determine the length of this suspension. This does not include exhibition or pre-season contests but may include post-season competition. The suspension may carry over to the next season or sport in the case of a multi-sport athlete. 10

11 THIRD POSITIVE DRUG TEST RESULT All procedures listed in the FIRST and SECOND POSITIVE DRUG TEST RESULT will be in effect. Additionally, the student-athlete will be permanently suspended and ineligible from participation in intercollegiate athletics at UA Fort Smith. This sanction carries with it a loss of athletic grant-in-aid. Third Positive Drug Test Protocol 1. The student-athlete will be permanently suspended and ineligible from participation in intercollegiate athletics at the University of Arkansas - Fort Smith. This sanction carries with it a loss of athletic grant-in-aid. 2. Should any student-athlete testing positive request it, a conference call with the parent(s) or guardian(s), the student-athlete, the Director of Athletics, Head Coach, and/or Head Athletic Trainer will be arranged. 3. Within three (3) days after notification of a positive drug test result, the student-athlete may challenge the validity of the test results. The student-athlete will follow the appeals process as described in this document. 4. The student-athlete is required to have a substance abuse assessment performed by the Counseling Center at the University of Arkansas - Fort Smith. 5. The student-athlete confirms appointment with the Counseling Center with the Director of Athletics and with the Head Athletic Trainer when they have set up an appointment. 6. The Counseling Center will complete an assessment of the student-athlete which will then be sent to the Head Athletic Trainer. 7. The student-athlete shall be required to complete a rehabilitative effort as determined and coordinated by the Counseling Center at UA Fort Smith. The staff of the Athletic Department is committed to providing the best possible experience for all student-athletes. It is in this spirit that we have instituted this policy. If you have any questions about this policy or about references made in this policy, you should feel free to contact the Director of Athletics, the Head Athletic Trainer, or any of our coaches to discuss your questions. 03/22/11 11