The improper use of drugs is a matter of deep concern within our society and is particularly a focus of attention and importance at The University of North Carolina Wilmington. Many lives are being damaged and in some cases destroyed by drug use. In addition, the criminal behavior occurring simultaneously with such usage has reverberating consequences that damage and devastate family, colleagues and friends. Of particular concern is drug use by student athletes. They are often subject to performance, social and personal pressures that may make them vulnerable victims of this dangerous activity. Particularly because they are involved in complex and demanding social activity, drug usage for them is a peril that must be avoided.
Chancellor
UPDATED AUGUST 24, 2010 (REPLACED APPENDIX B); REVISED AND REFORMATED, AUGUST 10, 2005
UNC Policy 1100.1
Athletics
Introduction
The improper use of drugs is a matter of deep concern within our society and is particularly a focus of attention and importance at The University of North Carolina Wilmington. Many lives are being damaged and in some cases destroyed by drug use. In addition, the criminal behavior occurring simultaneously with such usage has reverberating consequences that damage and devastate family, colleagues and friends. Of particular concern is drug use by student athletes. They are often subject to performance, social and personal pressures that may make them vulnerable victims of this dangerous activity. Particularly because they are involved in complex and demanding social activity, drug usage for them is a peril that must be avoided.
For these reasons, the university is committed and determined to help student athletes avoid these hazards and consequences. We establish here then a policy on drug education, testing and deterrence designed specifically for student athletes. It is based on the four purposes listed in II below and is structured on the four goals listed in III below. Finally its efficacy is grounded in the mandate specified in I V below. To meet these purposes, goals and mandate, the components are listed in V, with the descriptions of these components outlined in the following sections.
Purposes of the Program
Backed by our intention to deter the use of illegal drugs and the abuse of prescription drugs, there are four benchmark reasons for establishing this drug education and testing program.
Preservation and Enhancement of an Athlete’s Health
Many drugs, when used in conjunction with athletic activities or physical conditioning programs pose serious risks to the health of the athlete. Periodic or sustained illness, temporary or permanent injury and even death can be caused by such drug usage.
Preservation of the Health of Other Athletes and Members of the University Community
Drug usage by an athlete can cause physical and mental damage to the athlete which may endanger other persons in contact with the drug user. These other individuals include but are not limited to team members, residence hall neighbors, and faculty and staff in contact with the athlete. The health and safety of these other persons is an important concern of the university.
Avoidance of Unfair Advantage
The use of certain drugs may temporarily or permanently improve some types of athletic performance and thereby create an unfair competitive advantage for the athlete using them. Such uses of drugs violate the basic principals of sportsmanship as well as the rules of this institution and the rules of conferences and associations dedicated to athletic competition.
Avoidance of Harmful Influence
Intercollegiate athletes frequently become highly publicized and emulated role models for both their college peers as well as numerous other young impressionable children and teenagers. The abuse of drugs by these athletes can negatively influence these young people as well as damage the reputation of their athletic program, the institution and the State of North Carolina. The avoidance of such damaging influence is an important objective of this institution.
Program Goals
There are four goals of this drug education, testing and deterrence program. These goals are: (1) to provide and promote an educational program that informs student athletes about drugs and drug abuse; (2) to assist on identifying the athlete who is a substance abuser through a screening program based on periodic testing to reveal the use of drugs; (3) to deter athletes from misusing drugs; and (4) in appropriate cases, to discipline or remove from the athletic program any student who is found to have violated the requirements of this policy.
Program Mandate
All student athletes must comply with the terms and requirements of this policy and program. Both to become and remain a student athlete at this university then, the student athlete must agree to abide with all provisions of the drug education, testing, and deterrence program. To signify agreement, an athlete must sign this policy in Section VI below; failure to sign the policy will result in a denial of athletic participation.
Program Components
Education
A critical part of this program is education provided to student athletes concerning the effects of drug usage and the importance of avoiding all involvement in prohibited drugs. Each member of every athletic team (and every student involved in related activities: trainees, student coaches, cheerleaders, etc) will be required to participate in specific drug education activities. These activities may be scheduled in large group, team or small group settings. Student athletes are encouraged to ask questions about this drug program, its components, or specific drugs or their effects. University staff will respond confidentially to an athlete’s request to raise questions or seek answers in private. Failure to attend or participate in required education activities may result in the sanctions listed in D.1 below.
Testing
To participate in athletics at The University of North Carolina Wilmington, each athlete must submit to drug screening tests designed to reveal the use of prohibited drugs. The particular drugs which are prescribed and which will be tested for are listed in Appendix A. The test itself will be a urinalysis or other drug screening exam and that test may occur on one or more of the occasions listed below. The urinalysis may be observed or unobserved. Prior to the testing, each athlete must sign a testing notification form.
Testing Occasions
Random Testing Procedure:
Every student athlete will be subject to periodic random testing. The testing occasion may be announced or unannounced and athletes to be tested will be selected by a blind drawing from athletic department roster. Student athletes who are to be tested will be notified in writing as to the time and location of the test. The student athlete must sign this notification and present it to a testing official at the testing site. The protocol for the test is listed in Appendix B.
Testing Consequences
Failure to submit to the required random testing, failure to sign the written notification, or intentional avoidance of the test may result in sanctions including but not limited to suspension of eligibility or cancellation of eligibility for the balance of the academic year. The student athlete may also be required to undergo additional drug testing, required counseling or required education programs. The procedures specified in Section G below will be followed prior to the imposition of sanctions exceeding a one-week suspension.
Failure to produce a urine specimen in a reasonable period of time may be considered a violation of this policy and may result in the following sanctions: suspension of eligibility until the specimen is produced under conditions prescribed by the university testing official; suspension of eligibility for one week; or indefinite suspension for continual failure to produce a specimen. Failure to produce a urine specimen may also result in required additional urine testing, required counseling or required educational programs. The procedures specified in Section G below will be followed prior to any suspension longer than one week.
Production of an adulterated sample is considered to be a violation of this policy and may result in the following sanctions: suspension of eligibility until an unadulterated specimen is produced under conditions prescribed by the university testing official; suspension of eligibility for one week; or indefinite suspension for continual failure to produce an unadulterated specimen. Failure to produce a urine specimen may also result in required additional urine testing, required counseling or required educational programs. The procedures specified in Section G below will be followed prior to any suspension longer than one week.
Production of a diluted sample may be considered a violation of this policy and may result in the following sanctions: suspension of eligibility until an unadulterated specimen is produced under conditions prescribed by the university testing official; suspension of eligibility for one week; or indefinite suspension for continual failure to produce an unadulterated specimen. Failure to produce a urine specimen may also result in required additional urine testing, required counseling or required educational programs. The procedures specified in Section G below will be followed prior to any suspension longer than one week.
Drug usage as verified by a positive test from the urinalysis will result in one or more of the following sanctions:
For a first positive drug test, one or more of the following sanctions may be imposed:
Confidential meeting: the student athlete will be required to attend and participate in a meeting with the head coach, in which the nature, extent and history of drug usage will be discussed forthrightly and completely. The student athlete may also be required to notify his or her parents or guardians by telephone or other means and to inform them of the positive test results. Verification of this notification may be required. In lieu of this notification, athletic officials may notify the parents of the student athlete. All information from this meeting will be maintained confidentially and will not be released unless necessary to preserve the identity of the testing program or the integrity of the university.
Counseling, education and rehabilitation: depending on the nature and extent of the drug usage, the student athlete may be required to attend counseling sessions, educational programs and/or rehabilitation activities.
Additional drug testing: the student athlete may be required to undergo additional testing.
The failure to comply with any of these sanctions may result in the imposition of additional sanctions including but not limited to removal from intercollegiate athletic activities, dismissal from the athletic team and/or loss of eligibility. These additional sanctions will be imposed in accordance with the procedures set out in Section G below.
For a second positive drug test, one or more of the following five sanctions may be imposed:
Notification of parents: the student may be required to notify his parents or guardians by telephone of other means and to inform them of the positive test results. Verification of this notification may be required. In lieu of this method of notification athletic officials may notify the parents of the student athlete.
Counseling, education and rehabilitation: the student athlete may be required to attend counseling sessions, education programs and/or rehabilitation activities.
Additional drug testing: the student athlete may be required to undergo additional testing.
Suspension from participation in intercollegiate athletic activities; any suspension in excess of one week will be imposed in accordance with the procedures set out in Section G below.
Dismissal from the athletic team and/or loss of eligibility; any dismissal or loss of eligibility will be imposed in accordance with the procedures set out in Section G below.
Failure to comply with any of these sanctions may result in the imposition of additional sanctions including but not limited to removal from the intercollegiate activities, dismissal from the athletic team and/or loss of eligibility. These additional sanctions will be imposed in accordance with the procedures set out in Section G below.
For a third positive drug test, one or more of the following five sanctions may be imposed:
Removal from all intercollegiate activities
Dismissal from the athletic team
Permanent loss of eligibility
Cancellation of any athletic scholarship
Notification of parents
The first four sanctions above, they will be imposed in accordance with the procedures set out in Section G below.
Reasonable Suspicion Testing
Basis for Testing:
A student athlete may be subject to testing at any time when, in the judgment of athletic officials, there is a reasonable basis to suspect the student is engaging in the use of any drugs or substances prohibited by this policy (see Appendix B for the list of prohibited drugs and substances). This reasonable suspicion may be based on information from any source deemed reliable by athletic officials including but not limited to:
Observed possession or use of substances that reasonably appear to be those prohibited by this policy.
Conviction of criminal offense related to the possession, use or trafficking of drugs or substances prohibited by this policy.
Arrest for a criminal offense as specified above where these is a factual basis for the arrest.
Observed abnormal appearance, conduct or behavior reasonably interpretable as being caused by the use of drugs or substances prohibited by this policy; such behavior can include repeated absences from training or competition.
Credible reports of usage or possession of drugs or substances prohibited by this policy.
Prior positive test results for drugs or substances prohibited by this policy.
Notice of Testing:
If reasonable suspicion exists, athletic officials will notify the student of the need for testing. The specifics of the notice and the testing protocol will be those steps specified in Appendix A.
Consequences of failure to participate, failure to produce a specimen, failure to produces an unadulterated specimen or for a positive test result will be those specified in Section D above. The procedure for imposition of these sanctions will be those specified on Section G below.
Follow-up Testing
Basis for Test:
When a student athlete has tested positive for drugs or substances prohibited by this policy, athletic officials may require the student athlete to be tested again at any time.
Notice of Testing and Protocol:
For follow-up test the specifics of the notice and the testing protocol will be those steps specified in Appendix A.
Consequences for failure to participate, failure to produce a specimen, failure to produces an unadulterated specimen or for a positive test result will be those specified in Section D above. The procedure for imposition of these sanctions will be those specified in Section G below.
Procedures for Imposing Serious Sanctions
Before the imposition of a sanction of suspension longer than one week, removal from participation in intercollegiate athletic activities, removal from the athletic team, loss of eligibility or cancellation of an athletic scholarship, the procedures below will be provided to the student athlete.
Written Notice:
Before the imposition of any of the penalties listed above, the student will be given written notice of the intention to impose such penalty. The notice must contain the following statements:
The intention to impose a specific penalty(s);
The reasons for the proposed action; and
The right of the student to request a hearing on the proposed sanction and the time for making this request.
Exception to the Notice Requirement:
If the proposed sanction is based on a preliminary determination of improper drug use or other behavior that may threaten the health of the student athlete, other student athletes or other members of the institutional community, all athletic participation shall be stopped immediately. (Athletic participation includes training, practice and competition.) A medical determination designed to protect the health of the student athlete, other student athletes or other members of the athletic community, shall be conducted to determine whether the athlete is fit and able to resume safe participation in athletic activities. This medical determination shall be made as promptly as possible. Any information supplied by the student athlete to medical personnel shall not be admissible in any institutional disciplinary process.
Request for Hearing; Waiver of Hearing:
To obtain a hearing the student athlete must submit a request to the Athletic Director within five (5) calendar days after receiving the written notice specified in paragraph 1 above. If the student athlete does not request a hearing within this five (5) day time or if the student wishes to waive the hearing and so signifies in writing, the proposed sanctions may be imposed immediately. No institutional hearings or appeals will thereafter be available.
The Hearing
The Hearing Committee:
Upon receiving a request for a hearing, the Athletic Director will notify the Vice Chancellor for Student Affairs. He or she will appoint a committee of three persons from the university community. No officer, administrator, employee or agent of the Athletic Department shall be eligible to serve on such committee. No other student athlete shall be eligible to serve on such committee.
Hearing Procedure:
The hearing will be convened within seven (7) days after it is requested.
The hearing will be closed to the public.
The student may be accompanied by a person of his or her choice.
The Athletic Director or his delegate will attend the hearing and may be accompanied by a person of his or her choice;
No attorneys may participate in the hearing.
The Athletic Director or his delegate shall present evidence in support of the alleged violation.
The student athlete must be given an opportunity to question this evidence and to present witnesses and/or documentary evidence, provided that the evidence is relevant to the alleged violation.
The Athletic Director shall have the burden to prove by a preponderance of the evidence that a violation of this policy did in fact occur.
At the conclusion of the evidence, the committee will excuse all parties and witnesses and then will deliberate to determine whether the violation occurred. This determination must be based solely on the evidence presented at the hearing.
Within three (3) days after the conclusion of the hearing, the committee shall report its recommended findings of fact and evidence to the Vice Chancellor for Student Affairs.
The Vice Chancellor for Student Affairs shall make the final determination of whether a violation occurred and if so what sanction should be imposed.
One level of appeal through the Chancellor shall be provided to the student athlete. No further appeals are permissible.
Consent
The student athlete shall receive, read, and consent to this policy prior to participation in athletic activities. This consent will be signified by the statement below.
I have received and read the University’s Drug Education, Intervention and Testing Program. I have been given the opportunity to ask questions about this policy. I understand this policy, its important basics and my responsibilities under its provisions. I agree to abide by all of the requirements listed above and this decision is voluntary on my part. I further understand that my participation in intercollegiate athletics is contingent on my adherence to this policy.
__________________________________________________
Printed Name of Student Athlete
__________________________________________________
Date of Birth
__________________________________________________
Signature of Student Athlete
__________________________________________________
Date
__________________________________________________
Signature of Parent if Student is a Minor under N.C. Law
__________________________________________________
Date
Appendix A
Testing Protocol
Introduction: the basic test to be used for drug screening is a urinalysis, which is designed to reveal the presence of the drugs listed in Appendix B. However, other types of tests may be used from time to time to determine the presence of these substances. Before a drug test is administered the student athlete will sign a notice similar to that presented in Appendix C.
Notification: the student athlete will receive a notice to appear for a drug test at least one hour before the start time of the test. The notification will specify the time and place of the testing procedure.
Collection Procedure: a third party contractor, under an agreement with the University, will coordinate the collection process. Urine specimens will be collected, maintained and tested under this agreement. Names of student athletes will not be transmitted to the contractor by the University.
Test Processing: after specimens have been collected, they will be transmitted to an approved laboratory which will screen the specimens for the drugs listed in Appendix B. The screening procedure will comply with the contractual agreement between the third party contractor and the University.
Test Results: the third party contractor will notify the University of the test results. Any positive test results will be confirmed by the third party contractor.
Notification to the Student Athlete: the student athlete will receive notice of the positive test result from the Athletic Director or his/her designee. If the student athlete contests the positive result or offers an explanation for this finding, he/she will be offered an opportunity to consult with a medical review officer.
Findings of Medical Review Officer: after conferring with the student athlete and reviewing the test results, the medical review officer will transmit the findings to the Athletic Director or his/her designee and the student athlete.
Consequences of a Positive Result: once a positive result has been confirmed by a third party contractor and, if requested, reviewed by the medical review officer, the University may begin the disciplinary process specified in the policy document (to which this Appendix is attached).
Appendix B
2010-11 NCAA Banned Drugs
The NCAA bans the following classes of drugs:
Stimulants
Anabolic Agents
Alcohol and Beta Blockers (banned for rifle only)
Diuretics and Other Masking Agents
Street Drugs
Peptide Hormones and Analogues
Anti-estrogens
Beta-2 Agonists
Note: Any substance chemically related to these classes is also banned.
The institution and the student-athlete shall be held accountable for all drugs within the banned drug class regardless of whether they have been specifically identified.
Drugs and Procedures Subject to Restrictions:
Blood Doping.
Local Anesthetics (under some conditions).
Manipulation of Urine Samples.
Beta-2 Agonists permitted only by prescription and inhalation.
NCAA Nutritional/Dietary Supplements Warning:
Before consuming any nutritional/dietary supplement product, review the product and its label with your athletics department staff!
Dietary supplements are not well regulated and may cause a positive drug test result.
Student-athletes have tested positive and lost their eligibility using dietary supplements.
Many dietary supplements are contaminated with banned drugs not listed on the label.
Any product containing a dietary supplement ingredient is taken at your own risk.
It is your responsibility to check with athletics staff before using any substance.
Some Examples of NCAA Banned Substances in each class
NOTE: There is no complete list of banned drug examples!!
Check with your athletics department staff to review the label of any product, medication or supplement before you consume it!
Stimulants:
amphetamine (Adderall); caffeine (guarana); cocaine; ephedrine; fenfluramine (Fen); methamphetamine; methylphenidate (Ritalin); phentermine (Phen); synephrine (bitter orange); etc.
exceptions: phenylephrine and pseudoephedrine are not banned.
Anabolic Agents:
boldenone; clenbuterol; DHEA; nandrolone; stanozolol; testosterone; methasterone; androstenedione; norandrostenedione; methandienone; etiocholanolone; trenbolone; etc.
Alcohol and Beta Blockers (banned for rifle only) :
alcohol; atenolol; metoprolol; nadolol; pindolol; propranolol; timolol; etc.
Diuretics and Other Masking Agents:
bumetanide; chlorothiazide; furosemide; hydrochlorothiazide; probenecid; spironolactone (canrenone); triameterene; trichlormethiazide; etc.
Street Drugs:
heroin; marijuana; tetrahydrocannabinol (THC).
Peptide Hormones and Analogues:
human growth hormone (hGH); human chorionic gonadotropin (hCG); erythropoietin (EPO); etc.
Anti-Estrogens :
anastrozole; clomiphene; tamoxifen; formestane; etc.
Beta-2 Agonists:
bambuterol; formoterol; salbutamol; salmeterol; etc.
Any substance that is chemically related to the class of banned drugs, unless otherwise noted, is also banned!
NOTE: Information about ingredients in medications and nutritional/dietary supplements can be obtained by contacting the Resource Exchange Center, REC, 877-202-0769 or www.drugfreesport.com/rec password ncaa1, ncaa2 or ncaa3.
It is your responsibility to check with your athletics staff before using any substance.
Appendix C
VI. Notification of Scheduled Drug Testing
To: _______________________________, Student Athlete
From: __________________________, Athletic Official
Date: __________________________
Re: Scheduled Drug Test
Your name has been selected for a drug test as a student athlete at The University of North Carolina Wilmington.
You are to report to _____________________________ on _________________________ at _____________ . You must present a picture I.D.
It is mandatory that you report for this scheduled drug test on the date specified above. Failure to report may be considered a violation of the Drug Education and Testing Program.
You will be required to provide a urine specimen at that time. Failure to provide a specimen in sufficient quantity to be tested may be considered a violation of the Drug Education and Testing Program.
The drug test will be observed by approved collection personnel (if relevant).
I understand the specifics of this notice and the consequences as specified above.