UNIVERSITY OF CALIFORNIA, RIVERSIDE
DEPARTMENT OF INTERCOLLEGIATE ATHLETICS
I. INTRODUCTION
Consistent with the University’s mission of teaching, research and public service, the Department of Intercollegiate Athletics is dedicated to providing a broadly based program of extramural and competitive athletic experiences for the highly skilled student-athlete. It is acknowledged that the use of banned drugs and/or the misuse and/or abuse of legitimate drugs (including those drugs prescribed by a physician to treat specific medical conditions) can be detrimental to the physical well-being of the individual student-athlete and have a significant negative impact on the Athletic and academic programs. The end result of drug abuse is not only a deterioration in mental and physical health, but also in athletic and academic performance.
The Department of Intercollegiate Athletics affirms its support for the programs on campus that provide information to students regarding the potential health risks associated with use of illicit mood altering and/or performance enhancing substances. To further support these programs, as well as programs sponsored by the NCAA, the UCR Department of Intercollegiate Athletics administers a drug education and prevention program (hereinafter referred to as “Program”) for its student-athletes. The prevention and education programs will focus toward informed choices and the exercise of personal responsibility regarding the use of drugs. Costs associated with testing with the Program will be borne by the Department of Intercollegiate Athletics per UCR Counseling Services guidelines.
In addition, student-athletes must also enroll in a drug-testing program sponsored by the NCAA. The Department of Intercollegiate Athletics shall obtain annually, on a form prescribed by the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports, a signed drug testing consent form for each student-athlete. Drug testing is also conducted at NCAA championships. Although the NCAA drug testing programs are independent of the UCR Program, sanctions imposed by the NCAA, if any, will be supported by the UCR Administration and the Department of Intercollegiate Athletics.
II. GOAL
The goal of the drug education and testing program for UCR student-athletes is to promote a drug-free environment for the intercollegiate competitive program. Its purposes are to prevent an unfair competitive advantage for those who abuse certain chemical substances, to protect the health and safety of all competitors, to educate student-athletes, to provide assistance for those who are found to engage in substance abuse and to maintain appropriate standards of behavior in intercollegiate athletics at UCR.
III. DEFINITIONS
Student-athlete is defined as:
Any individual on the NCAA Squad List.
Banned drugs are defined as:
Those drugs identified in the NCAA Manual, Bylaw 31.
Controlled substance is defined as:
Those drugs prescribed by a physician.
IV. THE DRUG EDUCATION COMPONENT
Each team and full-time coaching staff members will meet at the beginning of each year with a representative from the UCR Sports Medicine and Compliance office to receive and review the Policy. This session will include information regarding the use of illegal substances, misuse of alcohol, and the danger of using performance enhancing substances. The requirements of the UCR and the NCAA drug testing programs will also be discussed. However, the NCAA drug-testing program is independent of the UCR Program. Attendance at these meetings will be mandatory.
V. COUNSELING COMPONENT
The University has identified trained counselors to assist in the program. The services of these counselors will be made available to student-athletes and coaches as further information and/or treatment is required. Consultation with other health care professionals may occur after obtaining expressed written consent from the student-athlete, or in the case of an emergency. Referrals to professionals in the Student Health Service will be made as appropriate. Student-athletes and coaches will be made aware of these resources and methods of obtaining these services in pre-season team meetings and other educational programs administered by the Department of Intercollegiate Athletics.
Consistent with California law, individual counseling with licensed medical or psychological personnel will be confidential. Parental consent and knowledge is only necessary when a person is under the age of 12. In appropriate cases, attempts will be made to encourage student-athletes to permit involvement of parents and/or spouses in the treatment program.
VI.
IMPLEMENTATION OF THE PROGRAM
A. Notification of the Program
New student-athletes and parents of student-athletes who are minors will receive notification of UCR’s Drug Education and Prevention Program and a copy of this policy statement. Notification and access to the student athlete handbook which contains the policy statement will also be given to each new and returning student-athlete, as well as to the coaches, at the initial team meeting with the Compliance Office at the beginning of each academic year.
Walk-on students will be notified and provided access to the student athlete handbook which contains the UCR policy statement.
B. Consent
All new and returning student-athletes, and parents of student-athletes who are minors, are required annually to sign a form acknowledging receipt and understanding of the Program and shall be requested to give their consent to participate in the Program on a consent form to be provided by the Department of Intercollegiate Athletics. The student-athlete is also required to submit relevant information regarding any of the listed substances he/she is currently taking under medical supervision. This form must be completed and returned to the UCR Department of Intercollegiate Athletics prior to the date(s) of the pre-participation physical exam. The signed consent form is a pre-condition for participation in UCR’s intercollegiate athletics.
Student-athletes are free to refuse to consent to drug testing under this Program. However, student-athletes who decline to sign the consent to drug testing forms will not be permitted to participate in intercollegiate athletics at UCR or receive athletic grant-in-aid.
VII. DRUG TESTING
A. Student-athletes will be randomly selected for testing during the academic year. Should the
Program Director obtain credible evidence supporting a determination that probable cause exists to believe that prohibited controlled substance usage is occurring by any student-athlete(s) on any given team or who participate in any given sport, then any student-athlete(s) on the team or participating in the sport may all be selected for (non-random) testing; provided, however, that the Director of Athletics shall make such a determination only after consultation and a consensus agreement with the Program Director, Compliance Office, and Executive Associate Director of Athletics. Testing for controlled substances will be performed by urinalysis. Every practical step will be taken to assure the accuracy and confidentiality of the test results, including a documented chain of custody through the collection and testing process.
B. The substances for which testing will be done may include, but will not be limited to, anabolic
steroids, central nervous system stimulants, narcotic analgesics and psychomotor stimulants. A complete list of banned substances that may be tested is available at the NCAA website,
www.ncaa.org.
C. Testing Protocol
1. The tests, based on individual urine samples, will be administered throughout the year. Prior to
each drug test, student-athletes will receive notification from the Sports Medicine or Compliance Office or designee of the exact date, times allotted for the test, and the facility in which the student-athlete is to report.
2. The specimens will be collected and analyzed by a contracted, qualified laboratory. The
laboratory will perform a confirmatory second test on all positive test results to ensure impartiality and accuracy. The positive results of these tests will be provided to the Program Director who will notify all individuals tested of the results. All individuals with previous positive results, plus additional student-athletes selected on a random basis may be tested.
3. Any positive test in a student-athlete’s career will count cumulatively with respect to the
provisions of this Program. Positive tests need not be consecutive tests, or in the same year.
4. Failure to comply with any part of the drug testing program, including falsifying signatures or
persons, attempting to manipulate urine specimens, or failure to appear for a scheduled drug test and/or not submitting a urine sample during specified assigned times, will be treated as a positive test result. Consequences for a positive test result may include, but are not limited to, suspension from team, and/or loss of athletic aid. Testing may continue as long as an individual is participating in intercollegiate athletics at UCR or receiving athletic grant-in-aid.
VIII. EFFECT OF POSITIVE TEST RESULTS
A. First Positive Situation
If an individual tests positive and the result has been verified and confirmed as non-medically related by the Program Director. The Program Director will notify the Compliance Office. The Program Director will also notify the Director of Athletics and Executive Associate Director of Athletics/Senior Woman Administrator and Head Coach. When all notifications have been made the Program Director will notify the student-athlete of the positive result within 24 hours and subsequently meet with the student-athlete. The consequences for a first positive test will result in the student-athlete’s loss of a minimum of 20% percent of regularly scheduled competition based on the NCAA maximum allowable contests (i.e., ice hockey – NCAA maximum allowable 34 contests; student-athlete will be withheld .20 x 34 = 6.8 contests – round up or down to the closest whole number to- 7 contests), excluding scrimmages, intrasquad, alumni and exhibition contests. The Compliance Office will notify the student athlete and Head Coach of the penalty in writing, apply the penalty, and track the implementation. If the first positive tests result occurs at the end of the student-athlete’s playing season, the number of championship contests (percentage) will carryover into the subsequent championship season. In the event that the student-athlete participates as a multi-sport athlete they will be subject to sanctions solely in the sport that they were randomly selected. If the multi-sport student-athlete is selected in multiple sports then the sanction will apply to the first sport randomly selected. The student-athlete will be given a thorough private evaluation and assessment by the Program Director. During this evaluation and assessment, the student-athlete will be provided the opportunity to discuss the matter fully to present evidence of any rebuttal or mitigating circumstances, which he/she feels important and/or constraining. In addition, if there is no rebuttal or mitigating circumstances, a maximum of three mandatory assessment sessions with a qualified professional will be required. Athletics grant-in-aid may be reduced, or not renewed for the next academic year. The student-athlete will also be required to participate in future testing in the subsequent year.
1. Parents, spouses or guardians may be notified with the consent of the student-athlete or as
otherwise permitted by law.
2. Failure to attend the evaluation or assessment session will be constructively treated as a
second positive test. Mitigating circumstances regarding absences will be evaluated on a case-by-case situation to be reviewed by the Director of Athletics.
3. If a student-athlete tests positive, the original sample will be automatically re-tested for
confirmation. If the re-test results in a negative finding, the individual may be subject to further testing.
B. Second Positive Situation
1. A second positive test will be confirmed and verified to ensure no error has been made. If
verified and confirmed as non-medically related, the Program Director will notify the Compliance Office. The Program Director will also notify the Director of Athletics, Executive Associate Director of Athletics/Senior Woman Administrator and Head Coach. When these notifications have been made then the Program Director will notify the student-athlete within 24 hours of the positive result. Subsequent meeting with the Director of Athletics will be scheduled. The student-athlete will be permanently dismissed, effective immediately, from any and all participation (i.e., practices, competition) in intercollegiate athletics. In addition, the individual’s athletics grant-in-aid will not be renewed for the next academic year. Assessment sessions are still available should the student-athlete request them; however, the cost of these sessions will be borne by the student-athlete.
IX.
HEARINGS, APPEALS, AND REINSTATEMENT
Student-athletes subject to sanctions under this Program are entitled to a hearing with the Drug Testing Committee prior to the imposition of such sanctions. The student-athlete must make a written request to the Program Director within two business days of notification that sanctions are being considered. A hearing will be scheduled no later than two business days after the student-athlete submits the written requests. An extension of time for the hearing may be granted upon a showing of good cause. Depending upon the duration of the extension requested, the student-athlete may be suspended from practice and/or competition during the extension.
A positive drug test appeal is an administrative procedure, not a legal procedure. As such, the following guidelines are established regarding support persons associated with the Positive Drug Test Hearing.
The student must notify the hearing committee chair within 24 hours of the hearing of any support person they plan to bring. The student and his/her support person (if applicable) will be present during all parts of the hearing except during the committee’s deliberation.
The process will be as followed.
1. The student presents their information related to why he/she believes his/her positive test is
not valid.
2. Members of the committee may ask questions during the hearing.
3. The Committee Chair shall determine when all appropriate information has been heard and
call for deliberation.
4. The student will be asked to leave for the deliberation.
5. The decision of the hearing committee shall be delivered to the student-athlete within 24
hours.
6. This will be the final appeal related to the positive drug test.
Support Person;
1. A support person is an individual who is present solely to provide emotional support and/or
receive advice to the student.
2. A support person may not serve as a witness.
3. The support person may not be a coach or a staff member within the athletics department.
4. A support person cannot participate in the hearing process, nor may he/she address any
member of the committee.
5. A student may have an attorney serve as the support person if the committee is notified at
least 24 hours before the hearing. An attorney attending hearing may not actively represent
the student, but may give advice to the student regarding how to present his or her
information.
Reinstatement of the student-athlete to intercollegiate athletic competition at the completion of the suspension period shall occur only upon recommendation of Program Director. The reinstated student-athlete may be subject to specific conditions, including periodic testing to ensure compliance.
X.
SELF-DISCLOSURES
One or more specified counseling services will be mandated for any student-athlete who, at any point in his/her career, contacts one of the following to disclose that he/she may have a substance use or abuse problem:
-
Director of Athletics
-
Senior Woman Administrator
-
Compliance Office
-
Program Director – Assistant Athletics Director/ Sports Medicine
-
Sports Medicine Staff – Certified Athletic Trainers
-
Team Physicians
Once disclosed, the self-disclosure will be reported to the Program Director within two business days. The Program Director will also notify the Director of Athletics and Executive Associate Director of Athletics/Senior Woman Administrator and the sport certified athletic trainer. If this self-disclosure is made prior to notification of their first ever drug test, the student-athlete will be exempt from drug testing until the scheduled counseling sessions are completed. However, in no event will the exemption period be longer than sixty (60) days from the date of the self-disclosure to the end of the counseling sessions. A student-athlete who self-discloses may be required to submit immediately to a drug test, the results of which will not be considered towards that individual’s status in the drug testing program to establish a baseline measurement. After completion of all counseling services the student-athlete then will be required to participate in future drug testing. Failure to comply with Program Director's recommendations for follow-up (including mandated assessment, additional testing, timely communication, etc) may be treated as a positive test.
XI.
OTHER UNIVERSITY AND/OR CIVIL ACTION
The student-athlete will not be subject to University student disciplinary action (University of California regulations 102.17) as a result of a positive drug test. The University will not voluntarily supply personally identifiable test data or results of a test to any law enforcement agency and has developed procedures to assure that only information necessary to the purposes of this Program is retained and all other information concerning test results is destroyed.
APPENDIX A
A. First Positive Test
Program Director, Director of Athletics, Executive Associate Director of Athletics/ Senior Woman Administrator, Compliance Office, Head Coach and Student-Athlete are notified.
Mandatory meeting with Program Director for evaluation and assessment;
A minimum loss of 20% percent of regularly scheduled competitions based on the NCAA maximum allowable contests (i.e., ice hockey – NCAA maximum allowable 34 contests; student-athlete will be withheld .20 x 34 = 6.8 contests – round up or down to the closest whole number to 7 contests), excluding scrimmages, intrasquad, alumni and exhibition contests {see below legend};
Athletics grant-in-aid will may be reduced, or not renewed for the next academic year.
A maximum of three mandatory evaluative assessment sessions with a qualified professional required;
Participation in future testing required.
|
Sport |
NCAA Maximum Number of Contests |
20% |
|
Baseball |
56 |
11 |
|
Basketball |
27 or 29 |
5 or 6 |
|
Cross Country |
7 |
1 |
|
Golf |
24 |
5 |
|
Soccer |
20 |
4 |
|
Softball |
56 |
11 |
|
Tennis |
25 |
5 |
|
Track |
18 |
4 |
|
Volleyball |
28 |
6 |
B. Second Positive Test
Program Director, Director of Athletics, Executive Associate Director of Athletics/ Senior Woman Administrator, Compliance Office, Head Coach and Student-Athlete are notified.
Student-athlete permanently dismissed, effective immediately, from any and all participation (i.e., practices, competition) in intercollegiate athletics.
Athletics grant-in-aid will not be renewed for the next academic year.
Assessment sessions are still available.