2431.01 - RANDOM URINE DRUG TESTING FOR STUDENTSPARTICIPATING IN INTERSCHOLASTIC SPORTS

Northeastern Local School District

Bylaws & Policies

2431.01 - RANDOM URINE DRUG TESTING FOR STUDENTSPARTICIPATING IN INTERSCHOLASTIC SPORTS
Overview

The procedure for initial and random drug testing of athletes is accomplished in conjunction with an independent drug testing vendor selected by the Board of Education. Following the initial team testing, the vendor is provided by the Athletic Director a list of eligible in-season student athletes and in turn randomly selects up to ten percent (10%) of these students for drug testing five (5) times per sports season. The vendor will send qualified collectors to the school who will oversee the collection of all specimens as outlined in this document. The vendor will provide Medical Review Officer (MRO) services for interpretation and verification of results. Results are reported to the building principal or Athletic Director by the MRO. Specimens are collected as split specimens. If the sample is positive and is the first violation, the student is offered options of participation in a drug assistance program with weekly drug testing for five (5) weeks or denial of participation in athletics for sixty (60) school days. Additional positive tests result in progressively stiffer consequences.

A statement of Need and Purpose

Recognizing that observed and suspected use of alcohol and illicit drugs by the District student athletes is a concern, a program of deterrence will be instituted as a pro-active approach to a truly drug free school. Likewise, through participation in athletics, students using illegal drugs pose a threat to their own health and safety, as well as to that of other students. The purposes of this program are:

	A.	to provide for the health and safety of all student athletes;
	B.	to undermine the effects of peer pressure by providing a legitimate reason for student athletes to refuse to use illegal drugs; and
	C.	to encourage student athletes who use drugs to participate in drug treatment programs. The program is designed to create a safe, drug free, environment for student athletes and to assist them in getting help when needed. For the purpose of this policy, the term "student athletes" shall be as defined by Northeastern Local policies.

Supporting Data

A review of the high school disciplinary records for the past three (3) school years indicates that our schools have an unacceptable of incidents of student athletes using drugs. Random urine drug testing of a public school interscholastic athlete is legal as determined by the United States Supreme Court.

Definitions

Vendor – The medical office or company selected by the Board of Education to carry out the policy and procedure.

B. Athletic Director – The individual hired by the District to oversee all athletic programs of the school.

	C.	Medical Review Officer (MRO) – A licensed physician trained and certified in the process and interpretation of drug testing results.
	D.	Illicit substance – A drug classified by the Drug Enforcement Administration (DEA) as being available only by prescription from a physician or classified as being controlled and having no therapeutic use.
	E.	Banned Substance – A substance defined by School Policy as being banned from use by students (example: tobacco products).
	F.	Student Athlete – A qualified student participating on a sanctioned athletic team as defined by the Board of Education. This includes cheerleaders as well.

G. SAMHSA – The Substance Abuse and Mental Health Services Administration; a governmental agency that certifies toxicology laboratories that perform drug testing following strict guidelines and constant quality assurance programs.

	H.	GC/MS – Gas Chromatography/Mass Spectroscopy; a scientific process to identify specific chemical compounds. A molecular fingerprint is obtained that identifies a chemical compound with 100% accuracy.
	I.	Chain-of-Custody Form – A preprinted form provided by the testing laboratory that records all contact with the provided specimen. The form is initiated by the collector and donor then follows with the specimen until the results are certified by the testing scientist and forwarded to the MRO for final certification.

Procedures for Student Athletes

	A.	Informed Consent for Testing
		At the beginning of each sport season, student athletes and parent/guardian/custodian will complete and sign the Northeastern Local Schools Athletic Code of Conduct and Expectations Informed Consent Agreement. No student may participate in practice or competition until this form is properly executed and on file with the Athletic Director.
	B.	Urine Drug Testing Frequency
		At the beginning of each sport season, as determined by the Ohio High School Athletic Association, or when a student moves into the District and joins a sport, athletes wishing to participate in that season’s sports may be subject to urine testing for illicit or banned substances. Each athlete will have only one (1) initial team test per school year. Following the initial testing, up to ten percent (10%) of eligible student athletes will be randomly tested up to five (5) times during the sport season. Any student who refuses to submit to urine drug testing will not be allowed to practice or participate in athletics at Northeastern Local Schools.

C. Sample Collection

Sample will be collected as outlined under vendor requirements. Any eligible student athlete selected randomly for urine drug testing who is not in school on the day of testing will be tested at the next available testing time. Students not able to provide an adequate urine specimen at the testing time will be unable to practice or play until the proper specimen is provided. Arrangements may be made for special collection at a vendor collection site with prior approval of the building principal or Athletic Director.

Confidentiality of Results

All drug test results are considered confidential and will be handled accordingly.

Vendor Requirements

At a minimum, the Vendor must be able to provide the following services:

	A.	Random Selection of Student Athletes
		Once provided a list of eligible student athletes, the vendor must select the required number of students in a random and confidential manner. Five (5) times per season, the vendor will arrange with the building principal a day and time to do the collection of specimens. The schedule will not follow any recognizable pattern. The selected student names will be given to the Athletic Director, who will arrange for these students to report to the collection area.
	B.	Collection of Urine Specimens
		The vendor will oversee the collection of urine specimens as outlined in the Procedures for Random Urine Drug Testing of Northeastern Local Schools Students Participating in Interscholastic Sports. Chain of Custody forms will be provided by the vendor that meet the criteria of this policy and that of the testing laboratory. Students will be given as much privacy as possible in the obtaining of the specimen.

C. Testing of Urine Specimens

The vendor will have all specimens tested for the specified illicit or banned substances by a qualified laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) following the guidelines of the Department of Health and Human Services (HHS). The testing laboratory should have greater than ten (10) years experience in toxicology testing and chain-of-custody procedures. All specimens must be initially tested using a highly accurate immuno-assay technique, with all presumptive positive results then confirmed by a Gas Chromatography/Mass Spectroscopy (GC/MS) confirmatory test (understanding that no current GC/MS test is available for LSD).

The testing laboratory must be able to test for the following drug classes, substances or their metabolites in collected urine specimens. The building principal may specify specific drug classes or substances to be tested.

Alcohol	Amphetamines	Anabolic Steroids
Barbiturates	Benzodiazepines	Cocaine Metabolites
LSD	Marijuana Metabolites	Methadone
MDMA (Ectasy)	Nicotine	Opiates
Phencyclidine	Propoxyphene

	D.	Medical Review Officer (MRO) Services
		The Vendor will provide MRO services by a licensed physician who is certified by the Medical Review Officer Certification Council (MROCC) or the American Association of Medical Review Officers as having proven by examination to have had the appropriate medical training to interpret and evaluate drug test results and thus is qualified for certification as a Medical Review Officer. The MRO must demonstrate a willingness to abide by the Procedure for Random Urine Drug Testing of Northeastern Local School District Students Participating in Interscholastic Sports as to the evaluation of positive-drug tests and reporting findings to the building principal in a timely and confidential manner. All results will be kept on file for a period of seven (7) years.
	E.	Reporting of Random Urine Test Results by Vendor
		The MRO will certify all urine drug screens as negative or positive (positive includes a call to parents) and report by telephone positive findings in a confidential manner to the building principal. The MRO will also notify the Athletic Director, by phone, that a drug test returned positive giving only the dates of the collection and reporting.
	F.	Statistical Reporting and Confidentiality of Urine Drug Test Results
		The vendor, testing laboratory, or MRO may not release any statistics on the rate of positive drug tests to any person, organization, news publication or media without expressed written consent of the Board of Education. However, the vendor will provide the building principal with a quarterly report showing the number of tests performed, rate of positive and negative tests, and what substances were found in the positive urine specimens.

Procedures in the Event of a Positive Result

A. Whenever a student athlete’s test result indicates the presence of illegal drugs or banned substances, the following will occur:

		1.	The building principal will notify the parent/guardian, then the student and Athletic Director of any positive results. A written notification from the building principal, by form letter, will be sent to the parent/guardian by certified mail. The building principal may keep all test results for a period up to one (1) year.
		2.	The student will be notified and be required to submit urine tests for up to the next five (5) collection dates at parents/student’s expense. Three (3) consecutive negative results will complete and stop this process.
		3.	If the parent/guardian or student wish to contest the results, the vendor will arrange for the split portion of the specimen to be submitted to another laboratory approved by the Board of Education for testing. This is done at parent/guardian or student expense. Such a request must be made to the building principal in writing within five (5) working days from first notification of positive test results.
		4.	The MRO may use quantitative results to determine if positive results on repeat testing indicate recent use of illicit or banned substances or the natural decline of levels of the illicit or banned substance from the body. If the MRO feels the quantitative levels determined to be above the established cutoffs do not reflect current use but natural decay, then a negative result may be reported.

	B.	Positive Results
		The student athlete will immediately be suspended from sports participation including practice. the student athlete will be given the option of:

First Positive Result

			a.	Within five (5) days have an appointment (at parents/student’s expense) with a Certified Chemical Dependency Counselor (or at an agency certified by the Ohio Department of Health or the Ohio Department of Alcohol and Drug Addiction Services) for a chemical dependency assessment and then follow the recommendations of the counselor. (If treatment is recommended, it must be with a Certified Chemical Dependency Counselor). The student athlete will be reinstated if the Athletic Director is presented documentation that the approved chemical dependency assessment has been performed. The student must also submit urine tests for up to the next five (5) collection dates at parents/student’s expense. Three (3) consecutive negative results will complete this process.
				The student athlete will miss a total of ten percent (10%) of the season’s contests (OHSAA permitted number of contests, rounded to the nearest whole number). Contest missed will be those immediately following the positive test results, and will be consecutive. The reinstatement will then take effect.

	Examples:	football--	1 (one) contest
		baseball--	3 (three) contests

Denial of participation in interscholastic athletics for the next sixty (60) school days. Also, the student must also submit urine tests for up to the next five (5) collection dates at parents/student’s expense. Three (3) consecutive negative results will complete this process.

		2.	Second Positive Result
			For the second positive result, the student athlete will be denied participation in athletics for the next nine (9) calendar months (273 days).
		3.	Third Positive Result
			For the third positive result, the student athlete will be permanently denied the privilege of participation in athletics in Northeastern Local Schools.

Non-Punitive Nature of Policy

No student athlete will be penalized academically for testing positive for illegal drugs or banned substances. The results of drug tests pursuant to this policy will not be documented in any student’s academic records. Information regarding the results of drug tests will not be disclosed to criminal or juvenile authorities absent legal compulsion by valid and binding subpoena or other legal process, which the Board of Education will not solicit. In the event of service of any such subpoena or legal process, the student and the student’s custodial parent, legal guardian, or custodian will be notified at least seventy-two (72) hours before response is made by the Board of Education, to the extent permitted by such subpoena or legal process.

Students transferring to other schools outside Northeastern Local Schools while under suspension of participation in athletics may have their new school notified as to the duration of said suspension, but not the reason.

Illicit or Banned Substances

For the purpose of this Policy, the following drug classes, substances or their metabolites that can be tested for are considered illicit or banned for Northeastern Local School District student athletes:

	A.	Alcohol
	B.	Barbiturates Benzodiazepines
	C.	LSD
	D.	MDMA (Ecstasy)
	E.	Rhencyclidine
	F.	Amphetamines
	G.	Cocaine
	H.	Marjuana Metabolites
	I.	Nicotine
	J.	Propoxyphene
	K.	Anabolic Steroids
	L.	Metabolites
	M.	Methadone
	N.	Opiates

Refusal to submit a Test Sample

Refusal to submit a test sample will be treated as a positive test result.

Appeal of Permanent Denial of Participation Privileges

A student/athlete denied participation in interscholastic athletics for the remainder of his/her grades 7 – 12 career may appeal to the Superintendent one (1) calendar year from the denial of participation. the appeal must include convincing evidence and compelling reasons. It should be expected that the requirements placed upon the student for a successful appeal would take a second year to complete.