ball state university drug testing policy & procedure · 9/30/2016 · 1. upon the direction...

of 15 Ball State Athletics Compliance 8.1.2017

Ball State University Drug Testing Policy & Procedure

Athletics Compliance Office

I. BALL STATE UNIVERSITY DRUG TESTING POLICY & PROCEDURE The Department of Athletics at Ball State University (BSU) advocates the development of healthy and responsible lifestyles for BSU student-athletes during their years of eligibility, and as a means to achieve long-term enrichment and enhancement of their lives. This Policy is designed to serve those goals. II. DEFINITIONS

A. Banned Substance Banned substance as used herein applies to any substance identified in the Appendix A hereto or as contained in the applicable NCAA Bylaw 31.2.3, as amended from time to time. For a current listing of Banned Substances, the student-athlete should refer to the NCAA website at:

Banned Drugs List

B. Substance Abuse Substance abuse as used herein applies to the use or possession of, or being under the influence of any banned substance for which the student-athlete does not have a valid prescription, the abuse of any non-prescription or prescription drug or the abuse of alcohol.

C. Prescription Drug

Prescription drug means any substance that is prescribed by a licensed practitioner for the individual consuming it.

D. Reasonable Suspicion

Reasonable suspicion shall include, but is not limited to: 1. The observation of a student-athlete by a coach or other University staff member of objective signs

of impairment that gives the coach or University staff member reason to suspect the student-athlete is engaging in substance abuse. This observation shall be reported to the Sport Supervisor for the student-athlete’s sport, who shall forward the information to the Director of Athletics. The Ball State University Director of Athletics, or designee, shall then make the final reasonable suspicion determination; or

2. The observation by a coach or other University staff member of the sport of a student-athlete which gives rise to a suspicion that the student-athlete is engaged in the possession or sale of drugs and which is reported to the Sport Supervisor for the student-athlete’s sport. The Sport Supervisor shall forward this information to the Director of Athletics, or designee, who shall make the final reasonable suspicion determination; or

3. The arrest (including a criminal citation) of the student-athlete for any drug or alcohol-related occurrence as defined herein, or a determination pursuant to Section 6 of the Ball State University Student Code of Conduct (the “Code of Conduct”) that the student-athlete is “responsible” for a violation of Section 5.3.1 or Section 5.3.3 of the Code of Conduct, or any successor(s) to those Sections. The Director of Athletics, or designee, shall make the final reasonable suspicion determination; or

4. Failure by the student-athlete to appear for a scheduled random drug test or a scheduled total team test. The Director of Athletics, or designee, shall make the final reasonable suspicion determination.

http://www.ncaa.org/sites/default/files/2017_18_NCAA_Banned_Drugs_20170605.pdf


E. Objective Signs of Impairment Objective signs of impairment can be any deficiency or abnormality in behavior or performance exhibited by the student-athlete. Examples of objection signs of impairment include, but are not limited to, those listed in the Reasonable Suspicion Testing – Confidential Student-Athlete Substance Abuse Checklist, a copy of which is included at the end of this Policy.

F. Drug Test Drug test generally includes a urine test administered under approved conditions and procedures to determine the presence of drugs.

G. Drug

Drug means any substance, including controlled substances, narcotics, prescriptions and non-prescription medications, steroids or street drugs capable of altering the mood, perception, pain level, strength, performance, or judgment of the individual, excluding alcohol.

H. Student-Athlete

Student-athlete means any Ball State University student who is a participant or who will be a participant during the current academic year in any intercollegiate athletic competition that is recognized and sponsored by the University. This term includes without limitation all cheerleaders, student managers and all students with an official association to Ball State University athletics.

I. Drug or Alcohol-Related Occurrence

An arrest or criminal citation of the student-athlete for any violation of federal, state or local law prohibiting the use, possession, sale or the attempted use, attempted possession or attempted sale of alcohol or of any of the banned substances as defined herein. In the event to of a drug or alcohol-related occurrence, the student-athlete shall inform the Sport Supervisor responsible for the student-athlete’s sport, the Head Athletic Trainer and the Head Coach within forty-eight (48) hours of the drug or alcohol-related occurrence.

III. DRUG TESTING

Tests will be conducted for mood altering and performance enhancing substances. All tests will be performed on urine samples. Student-athletes are subject to drug testing both by Ball State University and the NCAA.

A. Types of Drug Testing 1. University Testing

a. Random Testing Periodic testing of a portion of the student-athlete population will occur randomly throughout the calendar year. This list will be randomly generated from each active squad list. All student-athletes are eligible for selection for every random test administered.

b. Total Team Testing Total teams may be tested upon the recommendation of the Head Athletic Trainer or at the request of the Head Coach.

c. Reasonable Suspicion Testing Student-athletes may be tested individually or as part of a group test for reasonable suspicion. This test will be used for student-athletes who demonstrate reasonable suspicion (as that term is defined hereinabove in Section II D. of this Policy) of substance abuse. No notice of testing is required.

d. Follow-up Testing


Student-athletes who have previous violations of this Policy will be tested individually or as part of a regularly scheduled test.

2. NCAA Testing

Student-athletes may be tested while participating in a championship event, a post-season football game or during a regularly scheduled on-site NCAA test. Individuals to be tested are selected by the NCAA from team NCAA squad lists.

3. Student-Athlete Consent to University Testing

In light of the health risks associated with participation in athletics while using drugs or alcohol, as a condition of participation in Ball State University Athletics each student-athlete will be required to provide a consent to drug testing. If a student-athlete chooses not to provide the requested consent, he/she will be ineligible to participate in any intercollegiate practice or athletics event.

B. Guidelines for Drug Testing

These guidelines are in force for all Ball State University drug testing: 1. Upon the direction of the Director of Athletics, or designee, a testing date and type of testing, e.g., random,

total team, reasonable suspicion or follow-up testing, site and time will be determined. 2. For random and total team testing, the identity of student-athletes to be tested will be generated from the

NCAA squad lists. This list may include 5th year students with no remaining eligibility.

3. The Director of Athletics, or designee, a certified Ball State University athletic trainer, or a coach for the student-athlete’s team will officially notify student-athletes of their selection to be tested. To protect the integrity of the process, the individual(s) notifying the student-athlete(s) of the test must not inform the student-athlete(s) earlier than 24-hours before the test; however, a student-athlete may be subjected to testing immediately upon receiving notice that he/she has been selected for testing.

The names of those student-athletes not reporting to the scheduled test will be reported to the Director of

Athletics or designee. Failure to report to a scheduled drug test or refusal to give a urine specimen will be

treated as a “positive” test under Section IV of this Policy and will result in the imposition of sanctions consistent

with this Policy.

C. Testing Procedures for Student-Athletes These guidelines are in force for all Ball State University drug testing: 1. The student-athlete must report to the designated specimen collection site within the time frame of the

scheduled test.

2. A photo ID is required for admission to the specimen collection site.

3. Additional detailed Collection Protocol Procedures are set forth in Exhibit 1 to the Appendix A to this Policy. The attached Protocols are subject to change from time to time at the sole direction of Ball State University.

4. Failure to report to a scheduled drug test, refusal to give a urine specimen, or any deliberate or intentional effort to substitute, dilute, or adulterate a specimen or to alter a test result will constitute a positive test result under Section IV of this Policy and will result in the imposition of sanctions consistent with this Policy.

D. Post Collection Procedures

See Exhibit 1 to Appendix A attached hereto.


IV. PROCEDURES TO BE FOLLOWED IN RESPONSE TO A POSITIVE DRUG TEST INVOLVING ANY SUBSTANCE INCLUDED IN BALL STATE UNIVERSITY’S BANNED SUBSTANCE LIST (APPENDIX A) EXCEPT FOR ANABOLIC STEROIDS, PEPTIDE HORMONES AND ANALOGUES, AND OXYGENATION ENHANCERS WHICH ARE ADDRESSED IN SECTION V.

A. First Positive

1. The Sport Supervisor responsible for the student-athlete’s sport, Head Athletic Trainer, the Head Coach and

student-athlete will be informed of a positive test result.

2. The student-athlete must schedule a counseling appointment with a substance abuse counselor approved by the Head Athletic Trainer within seven (7) days of the first positive test. The student-athlete shall undergo substance abuse counseling or other treatment as recommended by the substance abuse counselor. Compliance with this requirement is to be monitored by the Head Athletic Trainer. If at any time the substance abuse counselor recommends that the student-athlete be evaluated by a health care provider to determine whether the student-athlete should be permitted to participate in athletic activity, the Head Athletic Trainer will schedule an appointment with a health care provider within seven (7) days of the recommendation. The student-athlete will be withheld from all athletic activity pending evaluation by the health care provider.

3. The student-athlete will be subject to follow-up testing under this Policy. Every student-athlete who has a positive result must submit to a mandatory follow-up test scheduled within forty-five (45) days of the positive result as scheduled by the Director of Athletics, or designee. Thereafter, follow-up testing will be at the discretion of the Director of Athletics, or designee. In this regard, the presence of drugs which are metabolized by the human body over a period of days or months will be addressed as follows: the first positive test result will provide a baseline regarding the amount of banned substance(s) in the student-athlete’s system. The laboratory and Head Athletic Trainer will determine residual or new use based on the results of the first and follow-up test(s). If the laboratory and/or Head Athletic Trainer determine that the follow-up test(s) has revealed new use by the student-athlete, this will be treated as a second positive test result for the student-athlete.

4. The student-athlete’s failure to participate in the required counseling and/or treatment program will result in immediate, indefinite suspension from all participation in the Ball State University Athletics Program until such time as the Head Athletic Trainer notifies the Director of Athletics of the student-athlete’s compliance with the required counseling and/or treatment program. The student-athlete may also be subject to suspension upon the recommendation of the Head Athletic Trainer if the student-athlete has failed to comply with recommended substance abuse counseling treatment recommendations, or is otherwise determined by the Head Athletic Trainer to be unfit to resume competition as a proximate result of the student-athlete’s substance abuse.

5. The suspension may result in the non-renewal of the student-athlete’s scholarship or grant-in-aid.

B. Second Positive

1. The Sport Supervisor responsible for the student-athlete’s sport, Head Athletic Trainer, the Head Coach and student-athlete will be informed of a positive test result.

2. A substance abuse counselor approved by the Head Athletic Trainer will reevaluate the student-athlete. The student-athlete shall undergo substance abuse counseling as recommended by the substances abuse counselor. Compliance with this requirement will be monitored by the Head Athletic Trainer. If at any time the substance abuse counselor recommends that the student-athlete be evaluated by a health care provider to determine whether the student-athlete should be permitted to participate in athletic activity, the Head Athletic Trainer will schedule an appointment with a health care provider within seven (7) days of the


recommendation. The student-athlete will be withheld from all athletic activity pending evaluation by the health care provider.

3. The student-athlete shall be suspended from participation in competition until such time the student-athlete has served a suspension that is equal to twenty percent (20%) of the total regular season competitions. The suspension shall begin immediately following the second positive test, shall include any postseason and/or bowl competitions, and shall carry over to the following competition season in the event there are not enough competitions remaining in the current season to satisfy the 20% requirement. During a suspension, the student-athlete will be permitted to participate in practice and other athletic related activities; however, the student-athlete will not be permitted to travel to away competitions or dress for home competitions.

4. The suspension may be extended by the Director of Athletics, upon the recommendation of the Head Athletic Trainer if the student-athlete has failed to participate in a required counseling and/or treatment program, has failed to comply with recommended substance abuse counseling treatment recommendations, or is otherwise determined by the Head Athletic Trainer and substance abuse counselor or a health care provider to be unfit to resume competition as a proximate result of the student-athlete’s substance abuse. Reinstatement after a suspension under this paragraph will be considered by the Director of Athletics. A student-athlete’s suspension under this paragraph may include suspension from all participation in the Ball State University Athletics Program.

5. The student-athlete will be subject to follow-up testing under this Policy. Every student-athlete who has a positive result must submit to a mandatory follow-up test scheduled within forty-five (45) days of a positive result as scheduled by the Director of Athletics or designee. Thereafter, the follow-up testing will be at the discretion of the Director of Athletics or designee. In this regard, the presence of drugs which are metabolized by the human body over a period of days or months will be addressed as follows: the first positive test will provide a baseline regarding the amount of banned substance(s) in the student-athlete’s system. The laboratory and Head Athletic Trainer will determine residual or new use based on the results of the first and follow-up test(s). If the laboratory and/or Head Athletic Trainer determine that the follow-up test(s) has revealed new use by the student-athlete, this will be treated as a third positive test result for the student-athlete.


C. Third Positive


2. The student-athlete will be permanently dismissed from all participation in Ball State University team practices and Ball State University intercollegiate athletics competition, and will not be eligible for reinstatement.

3. The dismissal will result in the non-renewal of the student-athlete’s scholarship or grant-in-aid. V. PROCEDURES TO BE FOLLOWED IN RESPONSE TO A POSITIVE DRUG TEST FOR ANABOLIC AGENTS, PEPTIDE

HORMONES AND ANALOGUES, AND OXYGENATION ENHANCERS INCLUDED IN BALL STATE UNIVERSITY’S BANNED SUBSTANCE LIST (APPENDIX A).

A. First Positive

1. The Sport Supervisor responsible for the student-athlete’s sport, Head Athletic Trainer, the Head Coach and

student-athlete will be informed of a positive test result.


2. The student-athlete must schedule a counseling appointment with a substance abuse counselor approved by

the Head Athletic Trainer within seven (7) days of the first positive test. The student-athlete shall undergo substance abuse counseling as recommended by the substance abuse counselor. Compliance with this requirement is to be monitored by the Head Athletic Trainer. If at any time the substance abuse counselor recommends that the student-athlete be evaluated by a health care provider to determine whether the student-athlete should be permitted to participate in athletic activity, the Head Athletic Trainer will schedule an appointment with a health care provider within seven (7) days of the recommendation. The student-athlete will be withheld from all athletic activity pending evaluation by the health care provider.

3. The student-athlete shall be suspended from participation in competition until such time the student-athlete has served a suspension that is equal to twenty percent (20%) of the total regular season competitions. The suspension shall begin immediately following the positive test, shall include any postseason and/or bowl competitions, and shall carry over to the following competition season in the event there are not enough competitions remaining in the current season to satisfy the 20% requirement. During a suspension, the student-athlete will be permitted to participate in practice and other athletic related activities; however, the student-athlete will not be permitted to travel to away competitions or dress for home competitions.

4. The student-athlete will be subject to follow-up testing under this Policy. Every student-athlete who has a positive result must submit to a mandatory follow-up test scheduled within forty-five (45) days of a positive result as scheduled by the Director of Athletics or designee. Thereafter, the follow-up testing will be at the discretion of the Director of Athletics or designee. In this regard, the presence of drugs which are metabolized by the human body over a period of days or months will be addressed as follows: the first positive test will provide a baseline regarding the amount of banned substance(s) in the student-athlete’s system. The laboratory and Head Athletic Trainer will determine residual or new use based on the results of the first and follow-up test(s). If the laboratory and/or Head Athletic Trainer determine that the follow-up test(s) has revealed new use by the student-athlete, this will be treated as a second positive test result for the student-athlete.

5. The student-athlete’s failure to participate in the required counseling and/or treatment program will result in immediate, indefinite suspension from all participation in the Ball State University Athletics Program until such time as the Head Athletic Trainer notifies the Director of Athletics of the student-athlete’s compliance with the required counseling and/or treatment program.


B. Second Positive


2. A substance abuse counselor approved by the Head Athletic Trainer will reevaluate the student-athlete. The student-athlete shall undergo substance abuse counseling as recommended by the substances abuse counselor. Compliance with this requirement is to be monitored by the Head Athletic Trainer. If at any time the substance abuse counselor recommends that the student-athlete be evaluated by a health care provider to determine whether the student-athlete should be permitted to participate in athletic activity, the Head Athletic Trainer will schedule an appointment with a health care provider within seven (7) days of the recommendation. The student-athlete will be withheld from all athletic activity pending evaluation by the health care provider.


3. The student-athlete shall be suspended from participation in competition for a period of one (1) calendar year following a second positive test result. The suspension may exceed one (1) calendar year upon the recommendation of the Head Athletic Trainer if the student-athlete has failed to comply with recommended substance abuse counseling treatment recommendations, or is otherwise determined by the Head Athletic Trainer to be unfit to resume competition as a proximate result of the student-athlete’s substance abuse of performance enhancing drugs. During a suspension, the student-athlete will be permitted to participate in practice and other athletic related activities; however, the student-athlete will not be permitted to travel to away competitions or dress for home competitions.

4. Reinstatement after suspension will be considered by the Director of Athletics or designee in consultation with the substance abuse counselor and Head Athletic Trainer. The student-athlete’s failure to participate in the required counseling and/or treatment program will result in immediate, indefinite suspension from all participation in the Ball State University Athletics Program until such a time as the Head Athletic Trainer notifies the Director of Athletics of the student-athlete’s compliance with the required counseling and/or treatment program.

5. The student-athlete will be subject to follow testing under this Policy. Every student-athlete who has a positive

result must submit to a mandatory follow-up test scheduled within forty-five (45) days of a positive result as scheduled by the Director of Athletics or designee. Thereafter, the follow-up testing will be at the discretion of the Director of Athletics or designee. In this regard, the presence of drugs which are metabolized by the human body over a period of days or months will be addressed as follows: the first positive test will provide a baseline regarding the amount of banned substance(s) in the student-athlete’s system. The laboratory and Head Athletic Trainer will determine residual or new use based on the results of the first and follow-up test(s). If the laboratory and/or Head Athletic Trainer determine that the follow-up test(s) has revealed new use by the student-athlete, this will be treated as a third positive test result for the student-athlete.


C. Third Positive


2. The student-athlete will be permanently dismissed from all participation in Ball State University team practices and Ball State University intercollegiate athletics competition, and will not be eligible for reinstatement.

3. The dismissal will result in the non-renewal of the student-athlete’s scholarship or grant-in-aid.

VI. ADVISEMENT REGARDING POSITIVE TEST RESULTS A positive test result under Section IV and Section V, including a positive result from drug tests administered by the NCAA, will remain “active” for a period of one (1) calendar year following the date of the positive test and the progressive steps outlined herein will apply. A student-athlete who has a positive test subsequent to the “active” one (1) year period will be subject to the requirements of a First Positive test and a new “active” one-year period will begin. The Ball State University Athletics Department will make every effort to keep test results confidential and will oppose disclosure thereof to any other person within or outside the University to the extent permitted to oppose such disclosure by applicable federal or state law. Submission to drug testing will be mandatory for all Ball State University student-athletes. As a condition for any student to be a member of a Ball State University athletics team, the student-athlete must agree to participate in the Ball State University Athletics Department’s Drug Testing Program. Such monitoring is considered an extension of the ongoing physical examination of the student-athlete and is in the best interest of both the


student-athlete and Ball State University. Any student-athlete found guilty by a court of competent jurisdiction of selling or providing a drug or drugs defined herein as a banned substance to another person is subject to termination from participation in the Ball State University Athletics Program and athletically related financial aid. The sanction imposed on the student-athlete as a result of a finding of guilt by a court of competent jurisdiction for selling or providing a drug or drugs identified herein as a banned substance is separate and independent of any additional sanction which may be imposed by Ball State University pursuant to Section 6 of the Code of Student Rights and Responsibilities. VII. SAFE HARBOR PROGRAM Any student-athlete may refer himself or herself for evaluation or counseling for substance abuse by contacting a coach, athletic trainer or sport supervisor. This arrangement is called Safe Harbor because it is strictly confidential and no initial team or administrative sanctions are imposed upon the student-athlete who has made a personal decision to seek professional assistance.

A. Upon the student-athlete’s initiation of Safe Harbor, the student-athlete will be required to submit to a

mandatory baseline test within forty-eight (48) hours of the safe harbor declaration. Thereafter, the student-

athlete will be required to submit to a follow-up test within forty-five (45) days of the baseline test. In this

regard, the presence of drugs which are metabolized by the human body over a period of days or months will be

addressed as follows: the initial (baseline) test will provide a baseline regarding the amount of banned

substance(s) in the student-athlete’s system. The laboratory and Head Athletic Trainer will determine residual

or new use based on the results of the baseline and follow-up test(s). If the laboratory and/or Head Athletic

Trainer determine that the follow-up test(s) has revealed new use by the student-athlete, the follow-up test will

be considered a positive test and the student athlete will be subject to the procedures outlined in the relevant

section of this policy, either Section IV or Section V. Additional follow-up testing will be at the discretion of the

Director of Athletics or designee.

B. A substance abuse counselor approved by the Head Athletic Trainer will evaluate the student-athlete. The

student-athlete shall undergo substance abuse counseling as recommended by the substances abuse counselor.

Compliance with this requirement is to be monitored by the Head Athletic Trainer. If at any time the substance

abuse counselor recommends that the student-athlete be evaluated by a health care provider to determine

whether the student-athlete should be permitted to participate in athletic activity, the Head Athletic Trainer will

schedule an appointment with a health care provider within seven (7) days of the recommendation. The

student-athlete will be withheld from all athletic activity pending evaluation by the health care provider.

C. A student-athlete may not initiate Safe Harbor after he/she has been informed of his/her selection for an

impending drug test, nor can he/she employ Safe Harbor following a positive test.

VIII. DRUG TESTING APPEAL PROCESS

A. Right of Appeal

A student-athlete may appeal either the finding of the presence of a prohibited substance, the sanction imposed as a result of a positive finding, or the finding that the student-athlete be subject to reasonable suspicion testing.

B. Grounds for Appeal

1. The appeal of the positive test results must be based upon one of the following:

a. Evidence of procedural error. b. Evidence that refutes the positive finding.


2. The appeal of the sanction imposed as a result of a positive finding must be based on one of the following:

a. Evidence of procedural error. b. Evidence that refutes the positive finding. c. Evidence that the sanction imposed is unreasonable, unduly harsh or inappropriate.

3. The appeal of the finding that the student-athlete be subject to reasonable suspicion testing must be based

on one of the following:

a. Evidence of procedural error. b. Evidence that refutes the existence of reasonable suspicion.

C. Hearing & Related Procedure

1. To appeal a positive finding, an imposed sanction, or the student-athlete’s selection for reasonable suspicion

drug testing, the student-athlete must file an appeal in writing accompanied by supporting evidence. The appeal must be filed with the Athletic Compliance Office within three (3) days of notification of the sanction imposed.

2. An Appeals Committee consisting of the Ball State University Senior Women’s Administrator, the Ball State University Director of Athletics’ Compliance and the Ball State University Head Athletic Trainer will review a student-athlete’s appeal. If a member of the above-designated Appeals Committee made the decision to test the student-athlete, that individual shall recuse himself or herself from the Appeals Committee and shall be replaced by a Sport Supervisor as designated by the Ball State University Director of Athletics. However, the Sport Supervisor with responsibility for the student-athlete’s sport shall not be eligible to participate as a member of the Appeal Committee. At the appeal, the student-athlete has the right to present his/her case and present witnesses on their behalf. The Athletics Department has the right to present evidence in rebuttal to the student-athlete’s case. The student-athlete or the Athletics Department does not have the right to be represented by counsel at the appeal hearing; however, the student-athlete may have an advisor present at the hearing from the University Community, i.e. faculty, staff or student. The advisor may not take an active role in the hearing process by presenting arguments or statements, examining or cross-examining witnesses or presenting exhibits. The Ball State University Director of Athletics or designee will maintain a written record of the hearing.

3. The appeal hearing will be conducted within three (3) working days of receipt of the appeal. The appeal

hearing will consist of a review of all available evidence related to the initial testing and result as well as new evidence or documentation provided by the student-athlete. The student-athlete will have the opportunity to present evidence to support his or her position, to call witnesses, or to question witnesses presented by the Director of the Ball State University Health Center. The burden of proof is on the student-athlete to demonstrate it more likely true than not true that: (a) there was procedural error; (b) there was not sufficient reasonable suspicion to merit reasonable suspicion testing; (c) the testing result was in error; or (d) the sanction imposed is unduly harsh, unreasonable or inappropriate.

4. The Appeals Committee may: (1) affirm the initial finding or sanction; (2) reverse the initial finding or sanction; or (3) recommend retesting or an alternative sanction. The alternative sanction recommended by the Appeals Committee may not be harsher than the initial sanction. A written copy of the appeal decision will be provided to the student-athlete within five (5) working days of the hearing. Notice of the Appeals Committee decision will also be provided to the Head Athletic Trainer, the student-athlete’s Head Coach, the Director of Athletics and the Sport Supervisor with responsibility for the student-athlete’s sport. The Director of Athletics may inform other University officials of the result of the Appeals Committee hearing only to the extent the official has a legitimate institutional interest in receiving the result.


5. The decision of the Appeals Committee is final and not subject to further appeal.

6. To appeal a suspension due to a missed drug test, the student-athlete must appear before the designated Appeal Committee as listed above.

IX. EVALUATION AND TREATMENT

A. Philosophy

The referral or self-referral of a student-athlete for evaluation and/or treatment relating to substance abuse and related issues is undertaken out of an intense concern for the overall health, welfare and development of our student-athlete. Evaluation and treatment relating to possible alcohol/chemical dependency is not intended, and should not be construed as a punitive action. Evaluation and treatment of our student-athletes is to be provided by duly licensed and credentialed health-care professionals, and is regarded as STRICLY CONFIDENTIAL. The Head Athletic Trainer and other health care consultants work cooperatively in the areas of evaluation, treatment recommendations, referral and aftercare.

B. Evaluation

1. The Head Athletic Trainer will coordinate evaluation of the student-athlete who presents with an alcohol

and/or drug issue. Based on the results of the initial evaluation, a treatment plan may be developed for the student-athlete. The treatment plan may include any or all of the following components: continued evaluation plan; counseling and treatment plans and goals; expected behaviors; and potential consequences. The student-athlete (and as appropriate, his or her parents) will be included in each phase of the evaluation process.

2. The evaluation may be completed by a substance abuse counselor with results of the evaluation and

recommendations for treatment and/or counseling forwarded to the Head Athletic Trainer.

C. Treatment

The management and compliance plan is based upon the evaluated needs of the student-athlete; the plan will take into account the circumstances surrounding the referral, severity and duration of the presenting and accompanying problem(s), as well as overall (i.e., personal, social, academic, and athletic) functioning. Based upon findings related to these factors, treatment recommendations may include but are not limited to one or more of the following: 1. Personal Counseling,including elements of alcohol/drug education,) and/or referral to other alcohol/chemical

dependency resource(s) when appropriate. At the request of the student-athlete, his or her parents MAY be included in each phase of the evaluation process.

2. Referral for treatment/counseling and after care planning to a community based Intensive Out-Patient program. Typically, these programs involve both individual and group counseling, and may include a component of family counseling. Aftercare, an essential component of this treatment program, is coordinated through the substance abuse counselor in cooperation with the Head Athletic Trainer.

3. Referral for treatment and aftercare planning to a community based In-Patient Treatment facility. Typically, these programs involve intensive individual and group counseling in a residential setting. Additionally, every effort is made to include a component of family counseling in the overall treatment program. The Ball State


University Athletics Department will identify several excellent residential treatment programs in central Indiana; we will work cooperatively with the student-athlete and his/her family in locating and making a referral to a treatment facility closer to the student-athlete’s hometown if desired. Aftercare, an essential component of this treatment program, is coordinated though the substance abuse counselor in cooperation with the Head Athletic Trainer. Should referral to an In-Patient treatment setting be indicated while the student-athlete is enrolled and attending classes, a Medical Withdrawal/Drop can be facilitated on behalf of the student-athlete.

X. REINSTATEMENT DURING SUSPENSIONS UNDER SECTIONS IV AND V The student-athlete may petition for reinstatement with the Appeals Committee during any suspension which results

from a first or second positive test result. In order to be eligible for reinstatement pursuant to the student-athlete’s petition, the student-athlete must undergo a comprehensive medical examination, including follow-up drug testing, and a review of all substance abuse evaluation, counseling and treatment records by the Head Athletic Trainer or designee. The Committee will consider all relevant records and forward a written recommendation regarding the petition to the Director of Athletics within ten (10) business days of its receipt. The Director of Athletics will then make the final decision regarding whether to grant reinstatement pursuant to the student-athlete’s petition. A student-athlete is not eligible to petition for reinstatement after a third positive test result.

XI. GENERAL PROVISIONS

A. Amendment

This Policy may be amended in writing by the University, in its sole discretion, from time to time as needed. All such amendments shall be in writing and shall be communicated to all Ball State University student-athletes.

B. Severability

If any portion of this Policy is found to be unconstitutional, contrary to public policy, or in violation of state or federal law, it shall be severed from the remainder of this Policy, which shall retain full force, effect and validity.

C. Governing Law

This policy shall be governed by, construed and interpreted under the laws of the State of Indiana except where it has been pre-empted by federal law.

D. Headings

The headings placed before the several paragraphs of this Policy and inserted for ease of reference only, do not constitute a part of this Policy, and shall not be used in any way whatsoever in the construction or interpretation of this Policy.

E. Provision to Student-Athletes

Each and every student-athlete shall receive a copy of this Policy at a team meeting. Each student-athlete will be provided a consent form indicating that they have read and understand the Policy, that they were given the opportunity to ask questions regarding the Policy, and that they agree to comply with the Policy.


F. Interpretation

In the event of any conflict, inconsistency or contradiction between this student-athlete Substance Abuse Policy and the NCAA’s then current drug testing (or substance abuse) policy, the drug testing (or substance abuse) policies of the NCAA shall control.

G. Costs & Expenses

The student-athlete shall be responsible and shall pay for any and all costs and expenses arising from and related to the student-athlete’s enrollment in a University-approved drug treatment and/or counseling program. Ball State University shall be responsible and shall pay for the costs and expense resulting from all initial and confirmatory drug tests conducted pursuant to a finding of reasonable suspicion.

H. Notice to Office of Student Rights & Community Standards

In the event a student-athlete has a positive test result following a reasonable suspicion drug test administered pursuant to the grounds in Section II D. of this Policy, that positive test result shall be reported by the Director of Athletics or designee to the Office of Student Rights & Community Standards as a formal record of the student-athlete’s violation of Section 5.3.3 of the Ball State University Student Code of Conduct; however, this notice is for record keeping purposes, and the student-athlete will not typically be subject to sanctions by the Office of Student Rights & Community Standards for the positive test result in addition to those sanctions imposed pursuant to this Policy.

I. Sanctions Imposed Pursuant to Ball State University Student Code of Conduct for Drug or Alcohol-Related

Occurrence

While a Drug or Alcohol-Related Occurrence may form the basis for Reasonable Suspicion Drug Testing pursuant to Section II D. of this Policy, the Drug or Alcohol-Related Occurrence does not provide a basis for the imposition of sanctions under this Policy except as descripted in Section VI where there has been a conviction by a court of competent jurisdiction finding that the student-athlete is guilty of selling or providing a drug or drugs defined herein as a banned substance. Accordingly, the Drug or Alcohol-Related Occurrence can be the subject of Disciplinary Proceedings and the Imposition of separate and independent sanctions on the student-athlete pursuant to Section 6 of the Ball State University Student Code of Conduct, or any successor thereto.

J. Policy Does Not Constitute a Contract Nothing in this Policy shall be construed to create a contract between the student-athletes and Ball State

University. However, the student-athlete to abide by the terms and conditions of this Policy and its related procedures shall consider the consents signed by the student-athlete an agreement.


BALL STATE UNIVERSITY (REASONABLE SUSPICION TESTING)

CONFIDENTIAL STUDENT-ATHLETE SUBSTANCE ABUSE CHECKLIST _____________________________________________ Date/Time (A.M./P.M.) Behavior Observed: ___________Unusual drowsiness and/or sleepiness; ___________Slurred, incoherent speech; ___________Apparent difficulty in comprehending conversation or responding to directions - - confusion ___________Difficulty in expressing himself/herself; for example, overly rapid or slow speech; rambling or incoherent

sentences; ___________Disorientation; ___________Unusual swings in emotion or behavior inappropriate for the situation - - extreme anger, laughter or

depression; ___________Hyperactivity and euphoria – continually talking, “chattering”; ___________Unusually aggressive behavior; ___________Lack of manual dexterity; ___________Lack of coordination or unsteady walking or performing other tasks; ___________Inability to stand relatively motionless, without leaning; ___________Unexplained excessive absenteeism or tardiness, especially if a pattern is evident; ___________Unexplained accident or injury; ___________Unusual hair loss; and ___________Unusually rapid and marked increases in weight and/or strength; ___________Failure to report for a drug test scheduled pursuant to this policy, or failure to report for a drug test

scheduled pursuant to the NCAA policy, or failure to provide a valid urine sample for any drug test. ___________Drug or Alcohol-Related Occurrence as defined in the Ball State University Athletic Department Student-

Athlete Drug Testing Policy and Procedure ___________Observation or Suspicion that Student-Athlete is engaged in possession or sale of drugs or controlled

substances (Describe in Detail-Use additional sheets if necessary): _______________________________________________________________________________________ _______________________________________________________________________________________ ___________Other (Describe in Detail – Use additional sheets if necessary): ____________________________________ __________________________________________________ _______________________________________________________________________________________

Name and Title of Referring Official_____________________________________________________________________

___________________________________________ Signature of Referring Official

Determination by Athletic Director, or designee, that Reasonable Suspicion exists to administer Reasonable Suspicion Drug Screen to Student-Athlete: ______Yes Reasonable Suspicion Exists _______No Reasonable Suspicion Exists

___________________________________________ Signature of Athletic Director or Designee ___________________________________________ Date/Time of Determination of Reasonable Suspicion


Student-Athlete agreed/refused to submit to a drug screen. (Please circle one) ______________________________________________ ___________________________________ (A.M./P.M.) Date Time ______________________________________________ _____________________________________________ Student-Athlete Signature Witness and Title – Optional Behavioral observations during student-athlete/official interview: ________ Denies being under influence of any non-prescription substance ________ Alleges that behavior is due to prescription/non-prescription medication

(Specify ___________________________ per Dr. _____________________________) ________ Angry __________Threatening _________Cooperative ________ Other ____________________________________________________________________________________ Comments _________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ ______________________________________________ ___________________________________ (A.M./P.M.) Date Action Taken Time _________ Suspended pending outcome of drug screen _________ Transported home by ________self ______family member _______cab ______security _________ Refused assistance in finding transportation home _________ Other __________________________________________________________________ Results of Drug Screen: Drug: ____________________________________ ___________________________________ (A.M./P.M.)

Date Received Time Positive For __________________________ Negative For_________________________

____________________________________________ ___________________________________ (A.M./P.M.) Athletic Director or Designee Date and Time

ball state university drug testing policy & procedure · 9/30/2016 · 1. upon the direction...

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