Drug Education & Testing Policy

August 1, 2020

Overview

This policy has been approved by Daytona State College (DSC) Department of Athletics. DSC reserves the right to amend this policy from time to time as needed and each student-athlete will be given reasonable notice of all important changes. Furthermore, this policy is not to be construed as a contract between DSC and the student-athlete.

Intercollegiate Athletics at Daytona State College is concerned with the health, safety and welfare of the student-athletes who participate in its programs and represent the college in competitive athletics. Substance use and abuse is one of the most important issues facing athletics and society today. The use of illegal drugs, misuse of legal drugs and over-the-counter dietary supplements, use of performance-enhancing substances, use of alcohol and inappropriate use of tobacco are completely inconsistent with the standards expected of student-athletes at Daytona State College. Substance use and abuse in sport can pose risks to the student-athlete’s health and negatively affect his or her academic and athletic performance. It can also compromise the integrity of athletic competition and the ideals of Daytona State College.

 

Purpose

The Athletic Department believes that random drug testing and testing based on reasonable suspicion are appropriate to ensure the health, safety and welfare of our student-athletes, to promote fair competition in intercollegiate athletics, to affirm compliance with applicable rules and regulations on drug and alcohol abuse, to identify student-athletes who are improperly using drugs or alcohol and to assist them before they harm themselves or others. Furthermore, the Athletic Department recognizes its responsibility to provide educational programming that will support a positive decision-making process.The intent of these policies is to prevent substance use and abuse by student-athletes through education, testing, and professional guidance.

  • Education – providing student-athletes and athletics staff with accurate information about the problems associated with substance use in sport, promoting health and safety in sport;
  • Testing – analyzing biological specimens to detect prohibited substances student-athletes may introduce to their bodies and punitive consequences resulting from use; and
  • Professional Referral – facilitating appropriate treatment and rehabilitation of student-athletes.

 

Alcohol, Tobacco and Other Drug Education

Participants who are educated about substance use in sport are more likely to make informed and intelligent decisions about usage. Daytona State College will conduct a drug and alcohol education program for student-athletes at least once a year. These educational programs will be designed to review athletic department, institutional, conference and national governing body policies related to alcohol, tobacco and other drugs (ATOD). Appropriate educational materials will be made available to participants including the ATOD Education and Testing Policies and a list of banned substances. All student-athletes and athletics staff members are required to attend. Make-up sessions are available for participants who must miss a scheduled educational session for an approved reason. In addition to educating student-athletes and athletics staff about the various policies, a review of the DSC institutional drug-testing program will be conducted. Dietary supplements and their inherent risks will be discussed. Time will be allowed for questions from participants. In addition, specialized educational programs may be arranged to provide participants the opportunity to learn more about the dangers of specific substances.

 

Consent to Participate

Conditional to participation in intercollegiate athletics at Daytona State College, each student-athlete will be required to sign a consent form agreeing to undergo drug and alcohol testing. A copy of this consent form will be kept on file in the Director of Athletics’ office. Failure to consent to or to comply with the requirements of this policy will result in suspension from participation or termination of eligibility to participate in intercollegiate athletics at Daytona State College. Each student-athlete will be given a copy of the institutional policy and will be required to participate in an informative session describing alcohol, tobacco and other drug education and testing policies. Additionally, student-athletes will be given an opportunity to ask any questions regarding the information contained in the policy, the testing program, or other related issues prior to signing the drug-testing consent form.

 

Alcohol Policy

Daytona State College does not condone the illegal or otherwise irresponsible use of alcohol. It is the responsibility of every member of the college community to know the risks associated with alcohol use and abuse. This responsibility obligates student-athletes to know relevant college policies and federal, state and local laws and to conduct themselves in accordance with these laws and policies. This policy extends to the recruitment of prospective Daytona State College student-athletes. Prospective student-athletes visiting campus and socializing with current students are expected to participate in all activities without the influence of alcohol. It should be understood that possession or consumption of alcoholic beverages by individuals under the age of 21 is a violation of state liquor laws. Likewise, it is illegal for anyone to supply alcoholic beverages to persons under the age of 21.

A positive test for alcohol for any student-athlete will result in the sanctions set forth in this policy.

The Athletic Department will issue a positive test result to any student-athlete upon conviction or plea of guilty to the following:

1. Driving under the influence (DUI/DWI) or other motor vehicle violations involving alcohol or drugs
2. Public intoxication
3. Drunk and disorderly
4. Other violations of law involving alcohol or drugs, including possession

 

Tobacco Policy

The use of tobacco products is prohibited by all game personnel (e.g. coaches, student-athletes, athletic trainers, managers and game officials) in all sports during practice, competition, travel and in any other capacity while officially representing DSC. A student-athlete who violates this tobacco policy will be sanctioned for a “first offense” as outlined in the penalty section of this policy. The Director of Athletics or his/her designee will sanction other game personnel who violate this tobacco policy on a case-by-case basis.

 

Dietary Supplements

Daytona State College Department of Athletics personnel will not distribute or encourage the use of any dietary supplements or ergogenic aids. Many dietary supplements or ergogenic aids contain banned substances. Oftentimes the labeling of dietary supplements is not accurate and is misleading. Terms such as “healthy” or “all natural” does not mean dietary supplements do not contain a banned substance or are safe to take. Using dietary supplements may cause a positive drug test. Student-athletes who are currently taking dietary supplements or intend to take any are required to review the product with the Head Athletic Trainer. Student-athletes are encouraged to contact The National Center for Drug Free Sport at www.drugfreesport.com for additional information on dietary supplements and other banned substances.

 

Prohibited Drugs/Substances

The drug screening process may include analysis of, but is not limited to the National Collegiate Athletic Association’s (NCAA) list of banned-drug classes (See Appendix B). For an ongoing updated listing of the banned-drug list view the NCAA’s website at www.ncaa.org. Daytona State College requires that all student-athletes keep the athletic training staff and/or team physician aware of any prescribed drugs and dietary supplements that he or she may be taking.

 

Selected Types of Drug Testing

Unannounced Random Testing

All student-athletes who have signed the institutional drug-testing consent form and are listed on the institutional squad list are subject to unannounced random testing. Students listed on the squad list that have exhausted their eligibility or who have had a career-ending injury will not be selected for testing. All other student-athletes are subject to testing.The Director of Athletics or his/her designee will select student-athletes from the official institutional squad lists by using a computerized random number program. Urinalysis and/or on-site saliva testing procedures may be used for unannounced random testing.

Pre-season Screening

Student-athletes are subject to pre-season drug testing and may be notified of such by the Director of Athletics or his/her designee at any time prior to their first competition.

Reasonable Suspicion Screening

A student-athlete may be subject to testing at any time when the Director of Athletics or his/her designee determines there is individualized reasonable suspicion to believe the participant is using a banned substance. Such reasonable suspicion may be based on objective information as determined by the Director of Athletics or by an Associate/Assistant Athletic Director, Head Coach, Assistant Coach, Head Athletic Trainer, Assistant Athletic Trainer, or Team Physician, and deemed reliable by the Director of Athletics or his/her designee. Reasonable suspicion may be found, but not limited to:

1. Observed possession or use of substances appearing to be prohibited drugs;
2. Arrest or conviction for a criminal offense related to the possession or transfer of prohibited drugs or substances;
3. Observed abnormal appearance, conduct or behavior reasonably interpretable as being caused by the use of prohibited drugs or substances.

Among the indicators which may be used in evaluating a student-athlete’s abnormal appearance, conduct or performance are: class attendance, significant GPA changes, athletic practice attendance, increased injury rate or illness, physical appearance changes, academic/athletic motivational level, emotional condition, mood changes, and legal involvement. If suspected, the Director of Athletics or his/her designee will notify the student-athlete and the student-athlete must stay with a member of his/her coaching staff, the athletics administration staff, or the sports medicine staff, until an adequate specimen is produced.

Note: The possession and/or use of illegal substances may be determined by means other than urinalysis. When an individual is found to be in possession and/or using such substances, he/she will be subject to the same procedures that would be followed in the case of a positive urinalysis (e.g., using on-site saliva testing products to determine alcohol consumption).

Postseason/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 be re-tested at a future unannounced date. He or she must receive permission from the Director of Athletics to participate in any postseason event.

Re-entry Testing

A student-athlete who has had his or her eligibility to participate in intercollegiate athletics at DSC suspended may, at the discretion of the Director of Athletics, be required to undergo re-entry drug and/or alcohol testing prior to regaining eligibility. The Director of Athletics or his/her designee shall arrange for re-entry testing after the counselor or specialist involved in the student-athlete’s case indicates that re-entry into the intercollegiate sports program is appropriate.

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/her designee in consultation with the counselor or specialist involved in the student-athlete’s case.

Suspected Manipulation

A student-athlete who is suspected of manipulating his/her urine sample will be subject to follow-up testing. Manipulation can include the ingestion of substances (e.g. herbal remedies) or over-hydrating to mask a banned substance.

 

Notification and Reporting for Collections

The Director of Athletics or his/her designee will notify the student-athlete of the date and time to report to the collection station and will have the student-athlete read and sign the Student-Athlete Notification Form (See Appendix A). As a general rule, student-athletes will be notified no more than 18 hours prior to testing. However, under the terms of this policy “no notice” testing is permissible.The Director of Athletics or his/her designee will be in the collection station to certify the identity of the student-athletes selected. Student-athletes shall provide picture identification when entering the drug-testing station. The Director of Athletics or his/her designee must remain in the collection station until all student-athletes complete the collection process.

Specimen Collection Procedures

  1. Only the Director of Athletics or his/her designee and those persons authorized by the approved collector will be allowed in the collection station.
  2. The approved collector may release a sick or injured student-athlete from the collection station or may release a student-athlete to return to competition or to meet academic obligations only after appropriate arrangements for having the student-athlete tested have been made.
  3. Upon entering the collection station, the student-athlete will be identified by the Director of Athletics or his/her designee.
  4. When ready to urinate, the student-athlete will select a sealed beaker from a supply of such and will record his/her initials on the beaker’s lid.
  5. An approved collector will monitor the furnishing of the specimen by observation in order to assure the integrity of the specimen until a specimen of at least 85 mL is provided.
  6. Once a specimen (at least 85 mL) is provided, the student-athlete is responsible for keeping the collection beaker closed and controlled.
  7. Fluids and food given student-athletes who have difficulty voiding must be from sealed containers (approved by the Director of Athletics or his/her designee) that are opened and consumed in the station. These items must be free of any banned substances.
  8. If the specimen is incomplete, the student-athlete must remain in the collection station until the sample is completed. During this period, the student-athlete is responsible for keeping the collection beaker closed and controlled.
  9. If the specimen is incomplete and the student-athlete must leave the collection station for a reason approved by the Director of Athletics or his/her designee, the specimen must be discarded.
  10. Upon return to the collection station, the student-athlete will begin the collection procedure again.
  11. Once a specimen (at least 85 mL) is provided, the collector will pour a small amount of urine into an approved container. An approved collector will check the specific gravity and pH of the urine in the presence of the student athlete.
  12. If the urine has a specific gravity below 1.005 (1.010 if measured with a reagent strip), the specimen will be discarded by the student-athlete. The student-athlete must remain in the collection station until another specimen is provided. The student-athlete will provide another specimen.
  13. If the urine has a pH greater than 7.5 (with reagent strip) or less than 4.5 (with reagent strip), the student-athlete will discard the specimen. The student-athlete must remain in the collection station until another specimen is provided.
  14. If the urine has a specific gravity above 1.005 (1.010 if measured with a reagent strip) and the urine has a pH between 4.5 and 7.5 inclusive, the specimen will be processed by the collector and sent to the laboratory.
  15. The laboratory will make final determination of specimen adequacy.
  16. If the laboratory determines that a student-athlete’s specimen is inadequate for analysis, at the institution’s discretion, another specimen may be collected.
  17. If a student-athlete is suspected of manipulating specimens (e.g., via dilution, adulteration, substitution), the institution will have the authority to perform additional tests on the student-athlete.
  18. Once a specimen has been provided that meets the on-site specific gravity and pH parameters, the student-athlete will select a specimen collection kit and a uniquely numbered Student-Athlete Signature Form from a supply of such.
  19. The approved collector who monitored the furnishing of the specimen by observation will sign the Student-Athlete Signature Form.
  20. An approved collector will record the specific gravity and pH values on the Student-Athlete Signature Form.
  21. The student-athlete will pour approximately 60 mL of the specimen into the “A vial” and the remaining amount (approximately 25 mL) into the “B vial.”
  22. The student-athlete will place the cap on each vial; the approved collector will then seal each vial in the required manner under the observation of the student-athlete and witness (if present).
  23. The laboratory’s copy of the Student-Athlete Signature Form shall not contain the name of the student-athlete.
  24. All sealed specimens will be placed in a shipping case. The approved collector will put the laboratory copy of the Student-Athlete Signature Form in the case, and prepare the case for forwarding.
  25. The student-athlete and witness (if present) will sign the Student-Athlete Signature Form, certifying that the procedures were followed as described in the protocol. Any deviation from the procedures must be described and recorded on the Student-Athlete Signature Form at that time. If deviations are alleged, the student-athlete will be required to provide another specimen.
  26. The approved collector will sign the Student-Athlete Signature Form, give the student-athlete or a designee a copy and secure all remaining copies. The compiled Student-Athlete Signature Forms constitute the “Master Code” for that drug testing.
  27. After the collection has been completed, the specimens will be forwarded to the laboratory and all copies of all forms forwarded to the designated persons.
  28. Refusal to sign the Student-Athlete Notification Form or the Student-Athlete Signature Form, arrive at the collection station at the designated time without justification or provide a urine specimen according to protocol is cause for the same action(s) as evidence of use of a banned substance. The Director of Athletics or his/her designee will inform the student-athlete of these implications (in the presence of a witness) and record such on the Student-Athlete Notification Form. If the student-athlete is not available, he/she will be considered to have withdrawn consent and will be ineligible on that basis.

Reporting Results

Urine samples will be collected and sent to an independent, SAMHSA approved laboratory for analysis. Each sample will be tested to determine if banned drugs or substances are present. A test result confirmed as positive by the laboratory does not automatically identify the student-athlete as having engaged in prohibited drug or alcohol use. Results will be made available to the Head Athletic Trainer. The Head Athletic Trainer will review the results and if there is a positive drug test, he/she will set up a meeting with the student-athlete. The student-athlete may present evidence of any mitigating circumstances that he/she feels may be important to the outcome of the drug test. The Head Athletic Trainer will then make the determination of the outcome of the drug test. If the laboratory reports a specimen as substituted, manipulated or adulterated, the student-athlete will be deemed to have refused to submit to testing and treated as if the test were positive for a banned substance.

 

Penalties

Refusal to sign a consent form prohibits a student-athlete from participating in any intercollegiate sport at Daytona State College.

Any student-athlete who is found guilty of serious criminal misconduct (e.g., drug trafficking; driving while impaired resulting in serious injury or death) will not be permitted to participate in any intercollegiate sport at Daytona State College.

Any student-athlete who tests positive for a banned substance or who refuses to submit to a required drug test as described in this policy shall be subject to the following sanctions:

First Offense

The Head Athletic Trainer will report the positive drug test finding(s) to the Director of Athletics. The Director of Athletics will schedule a confidential meeting with the student-athlete and the head coach. The Director of Athletics or his/her designee shall, if appropriate, notify the student-athlete’s parent(s) or legal guardian(s) by telephone and in writing. The team physician will be informed of the positive result as well. The student-athlete will be immediately suspended from participation in any intercollegiate sports at Daytona State College. The student-athlete will be required to attend a drug counseling assessment session at the Counseling Center. The counselor will ask the student-athlete to discuss the nature and extent of his/her involvement with prohibited drugs and/or alcohol. The counselor shall determine the appropriate form(s) of intervention and rehabilitation needed by the student-athlete, based on the circumstances of the case. If the DSC counselor deems necessary, the student-athlete may be referred for counseling or treatment from an off-campus provider, at the student-athlete’s expense. The student-athlete will not be permitted to return to competition in intercollegiate sports until he/she has complied with the counselor’s directions for treatment. During this period of suspension, the student-athlete may or may not be allowed to participate in practices and conditioning sessions. The student-athlete may be subject to follow-up testing. Testing will be unannounced and will be required at a frequency determined by the Director of Athletics or his/her designee.

Second Offense

The Head Athletic Trainer will report the second positive drug test finding(s) to the Director of Athletics. The Director of Athletics will schedule a confidential meeting with the student-athlete and the head coach. The Director of Athletics or his/her designee shall, if appropriate, notify the student-athlete’s parent(s) or legal guardian(s) by telephone and in writing. The team physician will be informed of the second positive result as well. The student-athlete will be immediately suspended from participation in any intercollegiate sports at Daytona State College for a minimum of one year. The student-athlete will be required to attend or continue attending drug-counseling sessions at the Counseling Center or at the appropriate off-campus facility. In addition, the student-athlete may not be permitted to return to competition in intercollegiate sports until he/she has complied with the counselor’s directions for treatment and has had a negative result on a re-entry drug and/or alcohol test. The student-athlete may be subject to follow-up testing. Testing will be unannounced and will be required at a frequency determined by the Director of Athletics or his/her designee.

Third Offense

The Head Athletic Trainer will report the third positive drug test finding(s) to the Director of Athletics. The Director of Athletics will schedule a confidential meeting with the student-athlete and the head coach. The Director of Athletics or his/her designee may notify the student-athlete’s parent(s) or legal guardian(s) by telephone and in writing. The team physician will be informed of the third positive result as well. The student-athlete will be permanently suspended from participation in any intercollegiate sports at Daytona State College.

 

Voluntary Disclosure/Safe Harbor

(a) A student-athlete who has engaged in prohibited drug or alcohol use is encouraged to seek assistance from the Athletic Department by voluntarily disclosing his or her use.
(b) If the student-athlete seeks assistance prior to being identified as having violated this policy or being notified that he or she must undergo screening, the impermissible use will not be deemed an offense for purposes of determining sanctions under this policy; however, the student-athlete will be ineligible to participate in intercollegiate sports pending an evaluation. A student-athlete will not be permitted to enter the Safe Harbor Program thirty (30) days prior to NJCAA or Conference postseason competition.
(c) The student-athlete will be required to undergo an evaluation by a substance abuse counselor. The counselor shall determine the appropriate form(s) of intervention and rehabilitation needed by the student-athlete, based on the circumstances of the case. The counselor will provide a summary of his or her findings and recommendations to the Director of Athletics.

(d) A student-athlete will be permitted to remain in the Safe Harbor Program for a reasonable period of time, not to exceed thirty (30) days, as determined by the treatment plan. However, the student-athlete will not be permitted to return to participation in intercollegiate sports until the counselor has interviewed the student-athlete following the conclusion of the recommended treatment (or stage of treatment, as applicable) and has determined that reentry into intercollegiate sports is appropriate. If the counselor deems it necessary, the student-athlete will be required to undergo drug and/or alcohol testing as part of the reentry evaluation.
(e) Failing to complete the treatment recommended by the counselor, having a positive test for any banned substance after entering the Safe Harbor Program, or having a positive result on a reentry drug or alcohol test will be deemed a first offense under this policy.
(f) If the student-athlete regains his or her eligibility to participate in intercollegiate sports, he or she may be required to undergo unannounced follow-up tests at the discretion of the Athletic Director in consultation with the counselor.

 

Appeal Process

Student-athletes who test positive for a banned substance by the laboratory retained by DSC may, within 72 hours following receipt of notice of the laboratory finding, contest the finding. Upon the student-athlete’s request for additional testing of the sample, the Director of Athletics will formally request the laboratory retained by the University to perform testing on specimen B. The student-athlete may choose to be present at the opening of specimen B at the laboratory. If the student-athlete does not wish to be present at the opening of specimen B, but desires to be represented, arrangements will be made for a surrogate to attend the opening of specimen B. The surrogate will not be involved with any other aspect of the analysis of the specimen. The student-athlete or his/her surrogate will attest to the sample number and the integrity of the security seal prior to the laboratory opening of specimen B. Specimen B findings will be final, subject to the results of any appeal. If specimen B results are negative, the drug test will be considered negative. The athlete will be responsible for all costs associated with specimen B analysis (e.g., laboratory cost, travel costs).

Student-athletes who test positive under the terms of the Daytona State College Intercollegiate Athletics Alcohol, Tobacco and Other Drug Education and Testing Policy will be entitled to a hearing with the Director of Athletics or his/her designee prior to the imposition of any sanction. Requests for such a hearing must be made within forty-eight (48) hours of notification of a positive test result. If the forty-eight hours would end on a weekend, the request must be made by noon on the next business day. Request must be in writing and received by the Director of Athletics.

The student-athlete may have an advocate or other representative present if the student so desires. However, the student-athlete must present his or her own case. The meeting should take place no more than seventy-two (72) hours after the written request is received. Either the student-athlete or the other parties involved may request an extension of time to the Director of Athletics, who will consider whether to grant the extension upon a showing of good cause. These proceedings shall include an opportunity for the student-athlete to present evidence, as well as to review the results of the drug test. The proceedings shall be confidential. The decision by the Director of Athletics or his/her designee regarding the sanction to be imposed shall be final, other appeal processes of the University not withstanding.

 

Medical Exception Process

DSC recognizes that some banned substances are used for legitimate medical purposes. Accordingly, DSC allows exceptions to be made for those student-athletes with a documented medical history demonstrating a need for regular use of such a substance. Exceptions may be granted for substances included in the following classes of banned drugs: stimulants, beta-blockers, diuretics and peptide hormones.

The student-athlete is required to inform the Head Athletic Trainer of all medications he or she is taking. DSC should maintain in the student-athlete’s medical records a letter from the prescribing physician that documents the student-athlete’s medical history demonstrating the need for regular use of such a drug. The letter should contain information as to the diagnosis (including appropriate verification), medical history and dosage information.

In the event a student-athlete tests positive, the Head Athletic Trainer in consultation with the Team Physician will review the student-athlete’s medical record to determine whether a medical exception should be granted.