La Sierra University Athletic Department Drug Testing and Rehabilitation Program

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1 La Sierra University Athletic Department Drug Testing and Rehabilitation Program 1 I. Introduction As a member of the National Association of Intercollegiate Athletics (NAIA), La Sierra University student-athletes are expected to conduct themselves in the a manner that is congruent to the NAIA Substance Abuse Program as well as to the mission of La Sierra University. This policy implements a tangible method of supporting goals to protect the health and welfare of the student-athlete, uphold the integrity of intercollegiate competition and affirm compliance with laws, rules and regulations concerning drug use, as well as the values of the institution. II. Overview The policies and information included in this Drug Testing and Rehabilitation Program do not constitute a contract in itself. However, signed consent and notification forms shall be the student-athlete s agreement to the terms and conditions contained in this policy. While the Drug Testing and Rehabilitation Program provides a review of general policies, guidelines and resources, the University reserves the right to add, change or modify its programs, regulations, fees and policies as warranted and that the program is separate and distinct from the NAIA and NCAA Drug- Testing programs. All student-athletes are expected to be familiar with the contents of the Drug Testing and Rehabilitation Program. The student-athlete will be referred to as being on the athletic team(s) roster whether they are academically and/or athletically eligible or not eligible. All student-athletes must abide by the policies, rules, and regulations set forth by the University. Failure to be cognizant of policies and procedures outlined therein does not relieve the student athlete from responsibility for such information and does not constitute an excuse in the event a violation of policy or procedure occurs. III. Program Purposes The goal of the Drug Testing and Rehabilitation Program for La Sierra University student-athletes is to promote a drug-free environment for intercollegiate athletics. The purposes are to prevent an unfair competitive edge by those who abuse certain chemical substances, to protect the health and safety of all competitors, to provide counseling for those who are found to be engaged in substance abuse, to contribute to the education of the student-athletes and to maintain appropriate standards in intercollegiate athletics. Education and counseling are the cornerstones of the program. The University Counseling Center will assist with the education of

2 the student-athletes. These program components are designed to alert the student-athletes and their coaches to the potential harm from substance abuse. A systematic method for drug testing of student-athletes will be included in the program. Procedures developed to implement this portion of the program will be fair, assure reliability of the tests, and protect the privacy of the selected participants. Written notification of the program shall be given to student-athletes and be understood by all members of the athletics staff. The program will assist in the identification of drug users and provide them with a mechanism for counseling and rehabilitation. Identified drug users will be subject to appropriate sanctions. To the extent permitted by law, information obtained in the operation of the program shall be confidential. IV. Expense The cost for the student-athlete Drug testing program will be covered by the Athletics Department for the first test only for each athlete. Any subsequent drug testing done randomly or for cause will be the responsibility of the student-athlete. V. Education Component The Director of Athletics, Head Athletic Trainer, Team Physician, Director of Counseling Center, Director of Student Health Services and other designated personnel will collaborate to plan and present educational approaches that emphasize the harmful effects of drugs and alcohol on athletic performance and other aspects of life. The components of the Drug Education Program include, but are not limited to: 1) Explaining the Drug Screening and Rehabilitation Policy at La Sierra University 2) Explaining how legal and illegal substances affect the human body and athletic performance 3) Teaching coping skills needed to be a substance-free student-athlete 4) Creating an education program for administration, coaches and staff to identify athletes using controlled or illegal substance and to effectively intervene with individuals who are not compliant with this policy. The Athletic Department will present the Drug Screening and Rehabilitation Program at a formal team meeting before the beginning of each competition season. Each student-athlete will be required to sign and return the Consent to Participate in Drug Testing and Authorization for Release of Information Form prior to their participation in practice or competition. If the student-athlete is under the age of eighteen, the forms must also be signed by the parent(s) or guardian(s). Failure of the student athlete to return these forms will result in the student-athlete being ineligible to practice or compete. 2

3 VI. Drug Advisory Committee The purpose of the Athletic Drug Advisory Committee is to oversee the Drug Screening and Rehabilitation Program. The Drug Advisory Committee shall be comprised of the Athletic Director, Head Athletic Trainer, Team Physician, Counseling Center Director, Student Health Services and the Dean of Students. The Athletic Training Staff works cooperatively with the Athletic Drug Advisory Committee to help supervise the drug screening. VII. Prohibited Substance Students participating in intercollegiate athletics are prohibited from the use, purchase, possession, manufacture and or distribution of any substance on the current National Collegiate Athletics Association (NCAA) or National Association of Intercollegiate Athletics (NAIA) banned drug list. Student-athletes may not use the drugs specified by the NCAA once accepted and are on the intercollegiate athletic team regardless whether such use occurs before, during or after the student-athletes competitive season. The list of banned substances although exhaustive may include but limited to by the NCAA and NAIA is available in the Athletic Training Room and can be accessed on the following website: NAIA/ NCAA Banned Drug List EM_ID= This online list of banned substances will be current and is the list for which the student-athlete will be responsible. See Appendix. Any questions concerning this list need to be directed to the Head Athletic Trainer. La Sierra University discourages the use of nutritional supplements for performance enhancement. Nutritional supplements are not strictly regulated by the Food and Drug Administration (FDA) and therefore may contain substances banned by the NAIA & NCAA and result in a positive test. Any questions regarding nutritional supplements can be directed to the National Center for Drug Free Sport at or contact the Athletic Training Staff. Medical exceptions are possible for any athlete who has a medical condition for which the use of a banned drug is necessary. The student-athlete is responsible for providing a signed physician s note documenting medical history and the need for regular use of the drug. 3

4 Furthermore, the student-athlete is responsible for showing that the drug being used is administered correctly and for the purposes described. VIII. Drug Testing Procedure La Sierra University will conduct tests throughout the academic year. The basis for the screening process is informed consent, chain of custody, handling of specimens, and state-of-theart laboratory testing. The random dates for testing will be determined by the Athletic Director and the Head Athletic Trainer. Selection of the student-athletes will be determined by random selection and upon reasonable suspicion (probable cause). A) Random Sampling: A random sample of student-athletes from current team rosters will be selected for a total of fifteen percent (15%) of the entire population of studentathletes. B) Individualized reasonable suspicion (probable cause): Circumstances for selection upon reasonable suspicion (probable cause) may include(but are not limited to): 1. Observed changes in behavior or performance, physical and/or emotional. Observations may come from the Athletic Director, Assoc. Athletic Director, Athletic Trainer, Team Physician, Head Coaches, Assistant Coaches, Dean of Students and Faculty. It is up to the Athletic Drug Advisory Committee to verify the allegations and make the decision to test. If a student-athlete is observed with a banned substance this is cause for disciplinary sanction. 2. Arrest on charges related to use and/or possession of banned substances. 3. Suspected manipulation of specimens (example: dilution of sample). 4. Proven history of positive results. (After three negative tests following a first positive, the student-athlete will be removed from this pool and subject only to possible random sampling). C) Post-Season/Championship Screening: Any participant or team likely to advance to post-season championship competition may be subject to additional testing. Testing may be required of all team members or individual student-athletes at any time within thirty (30) days prior to the post-season competition. If a student-athlete tests positive, he or she will not be allowed to compete at the post-season event and will be subject to the sanctions herein this document. D) Re-entry Testing: A student-athletes who has had his/her eligibility to participate in intercollegiate sports suspended as a result of a drug and/or alcohol violation may be required to undergo re-entry drug and/or alcohol testing prior to regaining eligibility. The Athletics Director or his designee shall arrange for re-entry testing after the 4

5 counselor or specialist involved in the student-athletes case indicates that re-entry into the intercollegiate sports program is appropriate. E) Follow-up Testing: A student-athlete who has returned to participation in intercollegiate sports following a positive drug test under this policy may be subject to follow-up testing. Testing will be unannounced and will be required at a frequency determined by the Athletic Director or his designee in consultation with the counselor or specialist involved in the student-athlete s case. Notification of student-athletes selected may receive less than 24 hours notification of their selection, location of testing site and the time to report with proper identification. The Athletic Trainer will provide notification to the student-athlete of being selected via a telephone call. Notification of a drug test will not be sent via text message, or voic . Collection of urine samples are subject to the strict adherence to the Collection Procedures designated by the National Center for Drug Free Sport and following the appropriate chain of custody. Please see appendix In cases of where National Center for Drug Free Sport is unavailable, La Sierra University Health Services will be utilized. In these cases collection of urine samples will be collected by La Sierra University Health Services, and will be abiding by the collection procedures designated by Lab Corp and following the appropriate chain of custody. If a student-athlete fails to report to the testing site, fails to produce a specimen at time of testing, and/or manipulates the integrity of the urine specimen and/or collection process, it will be considered a positive test and be subject to the appropriate sanctions. Laboratory results will be reviewed by the Athletic Director, Head Athletic Trainer and Dean of Students. The Athletic Drug Advisory Committee and the Head Coach will be notified of positive results by the Athletic Director and/or Head Athletic Trainer. A member of the Athletic Drug Advisory Committee will notify the student-athlete who tested positive. If the student-athlete is a minor, he/she will participate in a conference telephone call to include his/her parents or legal guardians. IX. Grievance Procedures and Appeal Process The student-athlete s decision to appeal must be made in writing to the Athletic Director within two business days of the positive result. Upon appeal, student-athletes subject to sanction under the terms of this program shall be entitled to a hearing before members of the Drug Advisory Committee.. After the student-athletes hearing session, the committee shall deliberate in private for the purpose of making findings of fact. The findings and conclusions shall be 5

6 based exclusively on information supplied at the session. Within two business days after it concludes its inquiry, the committee shall report its conclusions regarding the facts and establish the appropriate sanction. A student-athlete requesting such an appeal may be subject to interim sanctions until a final verdict is made by the Athletic Drug Advisory Committee. X. Sanctions The student-athlete may be subject to sanctions with the following people notified: Head Athletic Trainer, Athletic Director, Team Physician, Head Coach, Counseling Center Director, and Dean of Students. First Violation The student-athlete will be required to enter a mandatory individualized counseling program at the Counseling Center and to meet with the Team Physician. The student-athlete will be suspended for one regular season game. Also, per institution policy the student-athlete is suspended immediately and must report to the Dean of Students Office. Second Violation The student-athlete will be suspended from dates of competition for the first twenty percent (20%) of season s contests or the balance of the competitive season if beyond the halfway point. In addition to suspension from dates of competition, institutional policies will be implemented as well. The student-athlete must also notify the Counseling Center and re-enroll in a counseling program that may involve an off-campus facility if deemed necessary by the Counseling Center. 6 Third Violation The third offense will dictate a permanent suspension and immediate removal from all further intercollegiate athletic participation at La Sierra University. The student-athlete will be encouraged to remain in the drug education rehabilitation program. Institutional policies will be implemented as well.

7 XI. Counseling Component The Counseling Component provides assessment and counseling for the student-athlete as a result of mandatory sanctions or self-referral. The counselor will: A) Evaluate the student-athlete s needs B) Develop a rehabilitation plan including recommendation for services, behavioral guidelines and other appropriate conditions. C) Make referrals as needed. If the student-athlete wishes to continue participation in La Sierra University Athletics, the student-athlete must sign an Authorization for Release of Information Form which will enable the counseling staff to communicate with the Athletic Training Staff and/or the Athletic Director about the rehabilitation plan as needed to help the student-athlete and ensure compliance with this policy. La Sierra University counselors will provide initial consult for counseling and rehabilitation services. If counseling, rehabilitation or treatment must be referred off campus, La Sierra University Athletic Insurance will not be responsible for funding these services. XII. Safe Harbor Program (Self - Disclosure) The Safe Harbor Program provides for a student-athlete to voluntarily disclose the use of a banned and/or illegal substance to a member of the Athletic Drug Advisory Committee and receive evaluation, testing and counseling. A student-athlete is not eligible for the Program after he or she has been informed of an impending drug test or after having received a positive La Sierra University Drug Test. La Sierra University will work with the student to prepare a Safe Harbor treatment plan, which may include confidential drug testing. Once a student-athlete self-discloses to a member of the Athletic Drug Advisory Committee, the student-athlete has up to one week to contact the Counseling Center. The student-athlete will be required to make an appointment with the Counseling Center Personnel. Subsequent drug testing may be required, at the expense of the student-athlete, to determine what type of program will best assist the individual. This baseline test, if positive, is for evaluation purposes and will be exempt from any violation standards. The Team Physician or Student Health Center may suspend an athlete from competition and/or practice if medically indicated. A Student-athlete will be permitted to remain in the Safe Harbor Program for up to 30 consecutive days. If a student-athlete is determined to have substance use after the initial 7

8 admittance to the Safe Harbor Program, or fails to comply with the treatment plan, the studentathlete will be removed from the Safe Harbor Program and disciplinary action may ensue. A student-athlete will only be permitted to enter the Safe Harbor Program one time during their athletic eligibility at La Sierra University. Entering the Safe Harbor Program will be treated as a positive test as it relates to sanctions and any positive test after the initial Safe Harbor Program test will be treated as the next subsequent positive. While in compliance with the Safe Harbor Program treatment plan, the student-athlete will not be included in the list of students eligible for random drug testing by La Sierra University. The Athletic Director, Head Athletic Trainer, the student-athlete s Head Coach and the Team Physician may be informed of the student s participation in the Safe Harbor Program once the student-athlete has signed a release waiver. XIII. Confidentiality Any information concerning a student-athlete s alleged or confirmed improper use of drugs shall be restricted to institutional personnel identified within this document and to parents or legal guardians of minors. All forms, correspondence and meeting notes with regard to positive test(s) results will be kept in a separate file located in the Head Athletic Trainers office and will not be included in the student-athletes personal medical file or academic file. No other release of such information will be made without the student s written consent, unless it is requested under federal judicial process. The institution cannot guarantee that law enforcement or prosecuting authorities will not gain access to information in the possession of the institution since valid subpoena or enabling court orders might be issued to compel disclosure. The institution, however, will not voluntarily disclose such information. If asked by any member of the community or the media, the institution will refer the inquiring party to the Public Relations Department of La Sierra University. If a student-athlete decides to transfer to another institution while in a period of suspension due to a positive drug test; the athletic department will inform on documents provided by schools seeking transfer permission the following statement: The student was found in violation of La Sierra University s Athletic Code of Conduct Policy. 8

9 LA SIERRA UNIVERSITY Department of Athletics CONSENT FOR DRUG TESTING I certify by my signature that I have read the Policy Statement- Drug Screening and Rehabilitation Program for La Sierra University Student-Athletes and The La Sierra University Drug Program Protocol. I understand the Provisions that are attached to the Policy Statement and Protocol. I have also read the NCAA List of Banned Substance that is a part of the policy statement. I recognize that I will be asked to provide a urine sample for drug analysis, and I hereby consent to have sample of my urine to be collected and tested in accordance with the Policy Statement and Protocol. I agree to fully cooperate with the testing program described in the Policy Statements and the Protocol, and I will not dispute the right of La Sierra University to perform such test on me. I also agree to inform the University physician whenever I am taking one or more of the listed substances under medical supervision. I recognize that this information is necessary to assist my physician in providing me with the best medical care possible, should such care be needed. In accordance with the Policy Statement, I specifically authorize the university Health Services to release to the Head Coach, Athletic Trainer and Athletic Director all information and records relating to the testing of my urine samples if I test positive a second time. To the extent permitted by law, information obtained in the operation of the drug education and testing program for La Sierra University studentathletes shall be confidential. Student Name (Print) ID # Sport(s) Student Signature Date Parent or Legal Guardian Signature for Minor Students (under age 18) Date Witness Print Name Date Witness Signature 9

10 Results of Drug Tests: 1. Future positive test all student-athletes sign Should I test positive for a substance banned by the NAIA and/or by a non-naia national or international sports governing body; violate their drug-testing protocol; or fail to show for their drug test, at any time after I sign this statement, I acknowledge I must report the results to my director of athletics. Name (please print) Date Signature of student-athlete 2. Positive test by NAIA or other sports governing body sign either A or B. A. No positive drug test. I affirm that I have never tested positive for a substance banned by the NAIA and/or by a non-naia national or international sports governing body; or violated their drug-testing protocol; or failed to show for their drug test. Name (please print) Signature of student-athlete Date B. Positive drug test. I have tested positive for a substance banned by the NAIA and/or by a non-naia national or international sports governing body; or violated their drug-testing protocol; or failed to show for their drug test. Should I subsequently transfer, I am obligated to report this to the transferring institution. Name (please print) Signature of student-athlete Date Date of test Organization conducting test Substance Are you currently under such a drug-testing suspension? Yes No What to do with this form: Sign and return it to your director of athletics before you first compete. This form is to be kept in the director of athletics' office for six years. 10

11 La Sierra University Student-Athlete Dietary Supplement Disclosure & Review Form I, am taking or intend to take the following dietary (Student-Athlete name printed here) supplements. I acknowledge the risk of losing my eligibility to participate in intercollegiate athletics if I test positive for an NCAA/NAIA or La Sierra University banned substance that may be found in any substance that I take, regardless of the reason or purpose for taking such supplements. I acknowledge and understand that the labeling on these products can be misleading and inaccurate, and that sales personnel are not motivated, nor qualified to accurately certify that these products contain no banned substances. Healthy or naturally occurring are terms often used to market sales of dietary supplements, but do not necessarily mean they are safe. Before taking or using any dietary supplement, I am responsible for ensuring the product does not contain any banned substance. By making this disclosure, I am requesting that these products and their ingredients be reviewed by La Sierra University s sports medicine staff for the purposes of determining whether they are medically safe to use and do not contain banned substances. I understand that I should not take or use these products until their usage has been reviewed by La Sierra University s sports medicine staff. Brand Name: Listed Ingredients: (Athletic Trainer to review, circle banned substances and notify student-athlete.) Signatures: (Student-Athlete Signature) (Date) (Athletic Trainer Signature) (Date) 11

12 12 LA SIERRA UNIVERSITY DEPARTMENT OF ATHLETICS DRUG TESTING REASONABLE SUSPICION REPORTING FORM I,, under the reasonable suspicion clause La Sierra Univ. Athletic Dept. Staff Member that is outlined in the La Sierra University Drug Education and Drug Testing Policy, report the following objective sign(s), symptom(s) or behavior(s) that I reasonably believe warrant be referred to the Athletic Name of Student-Athlete Director or his designee for possible drug testing. The following sign(s), symptom(s) or behavior(s) were observed by me over the past hours and/or days. Please check below all that apply: The Student-Athlete has shown: irritability loss of temper poor motivation failure to follow directions verbal outburst (e.g. to faculty, staff, teammates) physical outburst (e.g. throwing equipment) emotional outburst (e.g. crying) weight gain weight loss sloppy hygiene and/or appearance The Student- Athlete has been: late for practice late for class not attending class receiving poor grades staying up too late missing appointments missing/skipping meals

13 The Student-Athlete has demonstrated the following: dilated pupils constricted pupils red eyes smell of alcohol on the breath smell of marijuana staggering or difficulty walking constantly running and/or red nose recurrent bouts with a cold or the flu (give dates ) over stimulated or hyper excessive talking withdrawn and/or less communicative periods of memory loss slurred speech recurrent motor vehicle accidents and/or violations ( give dates ) recurrent violations of La Sierra University Student Code of Conduct Other specific objective findings include: Signatures Print Name of Athletic Department Staff Signature of Athletic Dept. Staff Date Reviewed By: Director of Athletics/Designee Date La Sierra University Counselor Consulted: Name of Counselor Consulted Date Consulted Reasonable suspicion finding upheld Reasonable suspicion finding denied 13

14 La Sierra University Drug and Alcohol Testing Program Student- Athlete Notification Form Student-Athlete: Social Security No: Sport: (optional) Date of notification: Time of Notification: a.m./p.m. I,, the undersigned: (NAME) Acknowledge being notified to appear for institutional drug and alcohol testing and have been notified to report to the drug and alcohol testing station at:, on on or before a.m./p.m. (location) (date) (time) I will be prepared to provide an adequate urine specimen and will not over hydrate. I understand that providing numerous diluted specimens may be cause for follow-up drug testing. I will be prepared to provide an adequate saliva sample if necessary and will not eat or drink at least 10 minutes prior to providing a saliva sample. I will be prepared to provide an adequate hair sample if necessary. I understand that I may have a witness accompany me to the drug and alcohol-testing site. I understand that failure to appear at the site on or before the designated time will constitute a withdrawal of my previous consent to be tested as part of the Institutional Drug and Alcohol Testing Consent and will result in a penalty. By signing below, I acknowledge being notified of my participation in institutional drug and alcohol testing, and I am aware of what is required of me in preparation for this drug and alcohol-testing event. Student-Athlete s Signature: Date: I can be reached at the following telephone number on test day: Institutional Representative retain top portion of completed forms For Student-Athlete La Sierra University Drug and Alcohol Testing Program Student-Athlete: Location of test: Date of test: Time to report: Report to the test site with this slip and picture identification. DO NOT DRINK TOO MANY FLUIDS. DO NOT GO TO the BATHROOM WHEN YOU WAKE UP. Wait until you arrive and check in at the testing site. 14

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