missouri western state college
MISSOURI WESTERN STATE UNIVERSITY DEPARTMENT OF ATHLETICS DRUG POLICY I.
SCOPE OF POLICY A.
B.
C.
Individuals Subject To Policy. 1.
All student-athletes, cheerleaders, student-athletic trainers, and studentmanagers are subject to this policy.
2.
Athletic administrators are subject to this policy where specified.
Participation And Right Of Refusal. 1.
As consideration for the privilege of participation in intercollegiate athletics at Missouri Western State University, student-participants shall participate in the drug education and testing program described in this policy.
2.
Student-participants are free to refuse to participate in any aspect of the policy; however, any student-participant who so refuses will not be allowed to participate in intercollegiate athletics at MWSU and shall be subject to forfeiture of all athletic grant-in-aid they are receiving.
Athletic Administrators. 1.
D.
No athletic administrator shall furnish or provide to any student-participant any illegal drug or drug paraphernalia, nor encourage directly or indirectly any student-participant to use an illegal drug or controlled substance.
Definition Of Terms. Athletic Administrators: Includes the Director of Athletics, Athletic Trainer(s), and all Coaches Drug Policy Grievance: Consists of the President Committee his/her designee,
1
Director of Athletics, and the Head Athletic Trainer. Student-Athlete: Any participant in an intercollegiate sport, regardless of whether he or she receives an athletic grant-in-aid award Student-Participant: Includes student-athletes, cheerleaders, student athletic trainers, and student-mangers II.
EDUCATION PROGRAM A.
Drug Awareness And Health-Related Seminars. 1.
B.
Substance Abuse. 1.
III.
All student-participants and coaches will be required to participate in drug awareness and health-related seminars. Additional seminars may be required at the discretion of the Director of Athletics.
Substance abuse can include legal and illegal drugs, including alcohol and tobacco. Missouri Western State University will provide an education program to inform our student-participants of the inherent hazards of abusing these substances. It is our goal to promote the physical and psychological well-being of the MWSU student-participant.
PROHIBITED DRUGS A.
Illegal Use Of Controlled Substances. 1.
2.
It is prohibited under this policy to illegally use any controlled substance, as defined by the current Missouri Western Student Handbook, under the Sections, "Community Expectations and the Code of Conduct" and “Residence Hall Guide”. Also it is prohibited to use any mind or mood altering controlled substance or substances that affect athletic performance, other than those being taken properly pursuant to a medical doctor's prescription. Examples of prohibited drugs include but are limited to: Amphetamines Anabolic Steroids Barbiturates Benzodiazepines Cannabinoids (Marijuana) Cocaine and related substances Codeine Methaqualone Morphine Opiates
2
Phencyclidine (PCP)
IV.
3.
The following NCAA by-laws concerning the use of tobacco products are hereby adopted and incorporated as a part of this Drug Policy: a. NCAA by-law 17.1.9 states "The use of tobacco products by studentathlete is prohibited during practice and competition. A student-athlete who uses tobacco products during a practice or competition shall be disqualified for the remainder of that practice or competition." b. This shall apply to other student-participants as define in Section I D. Further, NCAA by-law 11.1.5 states "The use of tobacco products is prohibited by all game personnel (e.g. coaches, trainers, managers, and game officials) in all sports during practice and competition."
4.
The following Missouri Western State University rule, as stated in the Student Handbook under Section entitled "Community Expectations and the Code of Conduct – Disrespect for Self under the Student Code Of Conduct” shall be adopted and incorporated as a part of this Drug Policy. Violation of this rule will subject the involved student-participant to the rules of procedure in student disciplinary cases as described in the Student Handbook.
DRUG TESTING A.
B.
Consent Statement And Random Testing. 1.
All student-participants will be given a copy of this policy. The student participants will be required to sign, in advance, indicating they understand the policy and are willing to comply with its provisions, including drug testing. If a student-participant is under the age 18, his/her parents/guardians will also be required to sign the consent statement.
2.
Student-participants will be tested periodically on a random basis or based on reasonable suspicion of illegal drug use (probable cause).
Probable Cause. 1.
In addition to the random testing provided for in Section IV A.2, specific individuals may be tested when probable cause exists to suspect illegal drug use. Probable cause will be determined by the Director of Athletics, Head Coach, or Head Athletic Trainer. The University's determination of probable cause is final.
2.
Selection for probable cause testing may occur at any period during the academic year, whether or not a student-participant is actively engaged in intercollegiate competition at the time.
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C.
D.
Drug Test Notification And Failure To Appear. 1.
All student-participants, including the individuals to be tested when probable cause exists, will be notified at least eighteen (18) hours prior to the drug test.
2.
Failure to appear for testing or failure to provide a sample will be considered to be willful refusal to comply with this policy.
3.
Prior to testing, individuals will have the opportunity to provide evidence of prescription or over-the-counter drugs that they are using under the direction of their physician or for legitimate treatment of some ailment or condition.
Specimen Collection. 1.
E.
Urine Sample Analysis, Notification, And Confidentiality. 1.
2.
V.
Drug testing shall consist of the collection of a urine sample from the studentparticipant under the direct supervision of trained personnel.
Analysis of urine sample shall be performed by a laboratory contracted by the University to do such testing. Each urine sample shall be analyzed for the presence of prohibited drugs using an initial KIMS (Kinetic Interaction of Micro Particles in a Solution). All samples having positive results, indicating the presence of prohibited drugs or their metabolites, will be further analyzed using a gaschromatography/mass spectrometry (GAMS) confirmation test.
3.
The testing laboratory shall report all test results to the Medical Review Officer (MRO). The MRO reviews all test results and reports to the Director of Athletics, Missouri Western State University, within one week. A positive result shall mean a test indicating, in the opinion of the laboratory performing such testing and the MRO, the presence of prohibited drugs or their metabolites in the student-participant's urine.
4.
All results of testing are to be considered confidential student records and, with the exceptions stated in this policy, will not be released except as allowed or required by law.
NOTIFICATION TO PARTICIPANT OF POSITIVE TEST RESULT AND GRIEVANCE PROCEDURE A.
Written Notification. 1.
A student-participant who has tested positive during either a first positive or a second positive test, will be notified in writing of the test results and of the
4
proposed action to be taken by the Director of Athletics as described in Section VI, EFFECTS OF POSITIVE TEST RESULTS. B.
C.
Drug Policy Grievance Committee. 1.
Prior to other remedial action detailed in Section VI, EFFECTS OF POSITIVE TEST RESULTS, student-participants who dispute the test results and/or actions will have an opportunity to be heard by personal appearance before the Drug Policy Grievance Committee.
2.
The Drug Policy Grievance Committee shall consist of the President or his/her designee, the Head Athletic Trainer, and the Director of Athletics.
Request For Hearing To Dispute Test Results. 1.
D.
E.
A student-participant must notify the Director of Athletics of his or her desire to be heard within 24 hours after receipt of the notification of positive test results. The Director of Athletics will then arrange a closed hearing before the Drug Policy Grievance Committee and notify all parties of the time and location of the hearing. All members of the committee must be present in order for the hearing to proceed. The student-participant's parents/guardians will not be notified of the hearing by the University but may attend at the request of the student-participant.
Drug Policy Grievance Committee Hearing Procedures. 1.
At the hearing, the student-participant will have the opportunity to present information or evidence relevant to the charge of a positive test result which may include mitigating circumstances or information refuting use or possession of an illegal drug.
2.
After hearing all information, the committee will deliberate in private to arrive at a final decision.
3.
The decision of the committee will be provided in writing to the studentparticipant. The Director of Athletics shall then take the appropriate action as described in Section VI, EFFECTS OF POSITIVE TEST RESULTS.
Due Process. 1.
The student-participant shall be accorded all rights of due process as described in the Student Handbook, including the right to appeal the decision of the committee to the President of the University.
2.
If the appeal process for either a first positive test or a second test does not
5
find in favor of the student-participant, the action directed by Section VI, EFFECTS OF POSITIVE TEST RESULTS, shall be implemented. VI.
EFFECTS OF POSITIVE DRUG TEST RESULTS A.
B.
First Incident 1.
The Director of Athletics, the University President, the Sport Administrator, Head Coach, student-participant, and his or her parents/guardians will be made aware of the first incident result. Possession will also be considered a positive test.
2.
The student-participant will be required to seek professional counseling independent of the athletic department. The student-participant may utilize the professional counseling services of the MWSU Counseling Center or an offcampus service. Financing for said counseling at off-campus sites shall be the student-participant's responsibility.
3.
Student-participants required to seek professional counseling must verify their participation with written documentation from the provider.
4.
The student-participant will be required to be tested periodically at the direction of the Director of Athletics.
5.
Should a student-participant fail to participate in the required counseling or refuse subsequent testing, it shall be treated as a second incident.
6.
Disciplinary action through team policies.
Second Incident 1.
The Director of Athletics, the University President, the Sport Administrator, Head Coach, student-participant, and his or her parents/guardians will be made aware of the second incident result.
2.
Participation in athletic competition shall be suspended for 25% of competitions and subject to NCAA regulations during the remainder of the student-participant's career at Missouri Western State University. The Director of Athletics reserves the right to reduce the length of the suspension based on individual circumstances.
3.
The student-participant will be required to be tested periodically at the direction of the Director of Athletics.
4.
Should a student-participant fail to participate in the required counseling or refuse subsequent testing, it shall be treated as a third incident.
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C.
Third Incident 1.
The Director of Athletics, the University President, the Sport Administrator, Head Coach, student-participant, and his or her parents/guardians will be made aware of the third incident result.
2.
A student-participant who tests positive for a third time for prohibited use of drugs will lose the privilege of participating in intercollegiate athletics at Missouri Western State University. In addition, the student-participant's athletic grant-in-aid will be canceled immediately.
DRUG SCREENING CHAIN OF CUSTODY PROCEDURES 1.
Collector or MWSU staff verifies Donor identification (e.g., driver's license with picture). Collector should complete Part I of Chain of Custody/Consent Form.
2.
Donor completes and signs Chain of Custody/Consent Form for the urine collection.
3.
Collector allows Donor to select a urine specimen collections kit. Donor follows urine collection procedures as described on kit.
4.
Collector will supervise a controlled area where the Donor will void into a collection
5.
All collections will be either non-witnessed (unobserved) or witnesses (observed)
6.
If the collector believes a specimen has been tampered with, is not within the appropriate temperature range, adulterated, or diluted by the donor, the collector may require a second specimen be given under direct observation.
cup.
CHAIN OF CUSTODY AFTER SPECIMEN LEAVES COLLECTION SITE 7.
Specimens are sealed in the presence of the donor.
8.
Specimen is then shipped via overnight mail or laboratory courier to the reference
9.
The reference lab will break the initialed specimen container seals and open the specimen for testing. Each lab employee who handles the specimen will initial and date the chain of custody form. This procedure documents who and why the specimen was handled.
10.
Any specimen which arrives at the lab with the seals broken, tampered with, or absent will not be tested.
11.
The laboratory then reports results to the Medical Review Officer (MRO).
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lab.
12. The MRO reviews all test results and reports to the Director of Athletics, Missouri Western State University.
Missouri Western State University Sports Medicine 4525 Downs Drive, St. Joseph, MO 64507 Phone: (816) 271-4591 Fax: (816) 271-4186 www.gogriffons.com
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SCOPE OF POLICY A.
B.
C.
Individuals Subject To Policy. 1.
All student-athletes, cheerleaders, student-athletic trainers, and studentmanagers are subject to this policy.
2.
Athletic administrators are subject to this policy where specified.
Participation And Right Of Refusal. 1.
As consideration for the privilege of participation in intercollegiate athletics at Missouri Western State University, student-participants shall participate in the drug education and testing program described in this policy.
2.
Student-participants are free to refuse to participate in any aspect of the policy; however, any student-participant who so refuses will not be allowed to participate in intercollegiate athletics at MWSU and shall be subject to forfeiture of all athletic grant-in-aid they are receiving.
Athletic Administrators. 1.
D.
No athletic administrator shall furnish or provide to any student-participant any illegal drug or drug paraphernalia, nor encourage directly or indirectly any student-participant to use an illegal drug or controlled substance.
Definition Of Terms. Athletic Administrators: Includes the Director of Athletics, Athletic Trainer(s), and all Coaches Drug Policy Grievance: Consists of the President Committee his/her designee,
1
Director of Athletics, and the Head Athletic Trainer. Student-Athlete: Any participant in an intercollegiate sport, regardless of whether he or she receives an athletic grant-in-aid award Student-Participant: Includes student-athletes, cheerleaders, student athletic trainers, and student-mangers II.
EDUCATION PROGRAM A.
Drug Awareness And Health-Related Seminars. 1.
B.
Substance Abuse. 1.
III.
All student-participants and coaches will be required to participate in drug awareness and health-related seminars. Additional seminars may be required at the discretion of the Director of Athletics.
Substance abuse can include legal and illegal drugs, including alcohol and tobacco. Missouri Western State University will provide an education program to inform our student-participants of the inherent hazards of abusing these substances. It is our goal to promote the physical and psychological well-being of the MWSU student-participant.
PROHIBITED DRUGS A.
Illegal Use Of Controlled Substances. 1.
2.
It is prohibited under this policy to illegally use any controlled substance, as defined by the current Missouri Western Student Handbook, under the Sections, "Community Expectations and the Code of Conduct" and “Residence Hall Guide”. Also it is prohibited to use any mind or mood altering controlled substance or substances that affect athletic performance, other than those being taken properly pursuant to a medical doctor's prescription. Examples of prohibited drugs include but are limited to: Amphetamines Anabolic Steroids Barbiturates Benzodiazepines Cannabinoids (Marijuana) Cocaine and related substances Codeine Methaqualone Morphine Opiates
2
Phencyclidine (PCP)
IV.
3.
The following NCAA by-laws concerning the use of tobacco products are hereby adopted and incorporated as a part of this Drug Policy: a. NCAA by-law 17.1.9 states "The use of tobacco products by studentathlete is prohibited during practice and competition. A student-athlete who uses tobacco products during a practice or competition shall be disqualified for the remainder of that practice or competition." b. This shall apply to other student-participants as define in Section I D. Further, NCAA by-law 11.1.5 states "The use of tobacco products is prohibited by all game personnel (e.g. coaches, trainers, managers, and game officials) in all sports during practice and competition."
4.
The following Missouri Western State University rule, as stated in the Student Handbook under Section entitled "Community Expectations and the Code of Conduct – Disrespect for Self under the Student Code Of Conduct” shall be adopted and incorporated as a part of this Drug Policy. Violation of this rule will subject the involved student-participant to the rules of procedure in student disciplinary cases as described in the Student Handbook.
DRUG TESTING A.
B.
Consent Statement And Random Testing. 1.
All student-participants will be given a copy of this policy. The student participants will be required to sign, in advance, indicating they understand the policy and are willing to comply with its provisions, including drug testing. If a student-participant is under the age 18, his/her parents/guardians will also be required to sign the consent statement.
2.
Student-participants will be tested periodically on a random basis or based on reasonable suspicion of illegal drug use (probable cause).
Probable Cause. 1.
In addition to the random testing provided for in Section IV A.2, specific individuals may be tested when probable cause exists to suspect illegal drug use. Probable cause will be determined by the Director of Athletics, Head Coach, or Head Athletic Trainer. The University's determination of probable cause is final.
2.
Selection for probable cause testing may occur at any period during the academic year, whether or not a student-participant is actively engaged in intercollegiate competition at the time.
3
C.
D.
Drug Test Notification And Failure To Appear. 1.
All student-participants, including the individuals to be tested when probable cause exists, will be notified at least eighteen (18) hours prior to the drug test.
2.
Failure to appear for testing or failure to provide a sample will be considered to be willful refusal to comply with this policy.
3.
Prior to testing, individuals will have the opportunity to provide evidence of prescription or over-the-counter drugs that they are using under the direction of their physician or for legitimate treatment of some ailment or condition.
Specimen Collection. 1.
E.
Urine Sample Analysis, Notification, And Confidentiality. 1.
2.
V.
Drug testing shall consist of the collection of a urine sample from the studentparticipant under the direct supervision of trained personnel.
Analysis of urine sample shall be performed by a laboratory contracted by the University to do such testing. Each urine sample shall be analyzed for the presence of prohibited drugs using an initial KIMS (Kinetic Interaction of Micro Particles in a Solution). All samples having positive results, indicating the presence of prohibited drugs or their metabolites, will be further analyzed using a gaschromatography/mass spectrometry (GAMS) confirmation test.
3.
The testing laboratory shall report all test results to the Medical Review Officer (MRO). The MRO reviews all test results and reports to the Director of Athletics, Missouri Western State University, within one week. A positive result shall mean a test indicating, in the opinion of the laboratory performing such testing and the MRO, the presence of prohibited drugs or their metabolites in the student-participant's urine.
4.
All results of testing are to be considered confidential student records and, with the exceptions stated in this policy, will not be released except as allowed or required by law.
NOTIFICATION TO PARTICIPANT OF POSITIVE TEST RESULT AND GRIEVANCE PROCEDURE A.
Written Notification. 1.
A student-participant who has tested positive during either a first positive or a second positive test, will be notified in writing of the test results and of the
4
proposed action to be taken by the Director of Athletics as described in Section VI, EFFECTS OF POSITIVE TEST RESULTS. B.
C.
Drug Policy Grievance Committee. 1.
Prior to other remedial action detailed in Section VI, EFFECTS OF POSITIVE TEST RESULTS, student-participants who dispute the test results and/or actions will have an opportunity to be heard by personal appearance before the Drug Policy Grievance Committee.
2.
The Drug Policy Grievance Committee shall consist of the President or his/her designee, the Head Athletic Trainer, and the Director of Athletics.
Request For Hearing To Dispute Test Results. 1.
D.
E.
A student-participant must notify the Director of Athletics of his or her desire to be heard within 24 hours after receipt of the notification of positive test results. The Director of Athletics will then arrange a closed hearing before the Drug Policy Grievance Committee and notify all parties of the time and location of the hearing. All members of the committee must be present in order for the hearing to proceed. The student-participant's parents/guardians will not be notified of the hearing by the University but may attend at the request of the student-participant.
Drug Policy Grievance Committee Hearing Procedures. 1.
At the hearing, the student-participant will have the opportunity to present information or evidence relevant to the charge of a positive test result which may include mitigating circumstances or information refuting use or possession of an illegal drug.
2.
After hearing all information, the committee will deliberate in private to arrive at a final decision.
3.
The decision of the committee will be provided in writing to the studentparticipant. The Director of Athletics shall then take the appropriate action as described in Section VI, EFFECTS OF POSITIVE TEST RESULTS.
Due Process. 1.
The student-participant shall be accorded all rights of due process as described in the Student Handbook, including the right to appeal the decision of the committee to the President of the University.
2.
If the appeal process for either a first positive test or a second test does not
5
find in favor of the student-participant, the action directed by Section VI, EFFECTS OF POSITIVE TEST RESULTS, shall be implemented. VI.
EFFECTS OF POSITIVE DRUG TEST RESULTS A.
B.
First Incident 1.
The Director of Athletics, the University President, the Sport Administrator, Head Coach, student-participant, and his or her parents/guardians will be made aware of the first incident result. Possession will also be considered a positive test.
2.
The student-participant will be required to seek professional counseling independent of the athletic department. The student-participant may utilize the professional counseling services of the MWSU Counseling Center or an offcampus service. Financing for said counseling at off-campus sites shall be the student-participant's responsibility.
3.
Student-participants required to seek professional counseling must verify their participation with written documentation from the provider.
4.
The student-participant will be required to be tested periodically at the direction of the Director of Athletics.
5.
Should a student-participant fail to participate in the required counseling or refuse subsequent testing, it shall be treated as a second incident.
6.
Disciplinary action through team policies.
Second Incident 1.
The Director of Athletics, the University President, the Sport Administrator, Head Coach, student-participant, and his or her parents/guardians will be made aware of the second incident result.
2.
Participation in athletic competition shall be suspended for 25% of competitions and subject to NCAA regulations during the remainder of the student-participant's career at Missouri Western State University. The Director of Athletics reserves the right to reduce the length of the suspension based on individual circumstances.
3.
The student-participant will be required to be tested periodically at the direction of the Director of Athletics.
4.
Should a student-participant fail to participate in the required counseling or refuse subsequent testing, it shall be treated as a third incident.
6
C.
Third Incident 1.
The Director of Athletics, the University President, the Sport Administrator, Head Coach, student-participant, and his or her parents/guardians will be made aware of the third incident result.
2.
A student-participant who tests positive for a third time for prohibited use of drugs will lose the privilege of participating in intercollegiate athletics at Missouri Western State University. In addition, the student-participant's athletic grant-in-aid will be canceled immediately.
DRUG SCREENING CHAIN OF CUSTODY PROCEDURES 1.
Collector or MWSU staff verifies Donor identification (e.g., driver's license with picture). Collector should complete Part I of Chain of Custody/Consent Form.
2.
Donor completes and signs Chain of Custody/Consent Form for the urine collection.
3.
Collector allows Donor to select a urine specimen collections kit. Donor follows urine collection procedures as described on kit.
4.
Collector will supervise a controlled area where the Donor will void into a collection
5.
All collections will be either non-witnessed (unobserved) or witnesses (observed)
6.
If the collector believes a specimen has been tampered with, is not within the appropriate temperature range, adulterated, or diluted by the donor, the collector may require a second specimen be given under direct observation.
cup.
CHAIN OF CUSTODY AFTER SPECIMEN LEAVES COLLECTION SITE 7.
Specimens are sealed in the presence of the donor.
8.
Specimen is then shipped via overnight mail or laboratory courier to the reference
9.
The reference lab will break the initialed specimen container seals and open the specimen for testing. Each lab employee who handles the specimen will initial and date the chain of custody form. This procedure documents who and why the specimen was handled.
10.
Any specimen which arrives at the lab with the seals broken, tampered with, or absent will not be tested.
11.
The laboratory then reports results to the Medical Review Officer (MRO).
7
lab.
12. The MRO reviews all test results and reports to the Director of Athletics, Missouri Western State University.
Missouri Western State University Sports Medicine 4525 Downs Drive, St. Joseph, MO 64507 Phone: (816) 271-4591 Fax: (816) 271-4186 www.gogriffons.com
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