Texas Wesleyan University Rams Athletics ...
Texas Wesleyan University - Athletic Department Substance Abuse Education & Testing Policy
The Texas Wesleyan University Athletic Department believes that the abuse of legal drugs and/or use of illegal drugs can and will adversely affect the health and safety as well as the academic capabilities of its student-athletes. In an effort to minimize the possibility that a student-athlete may jeopardize his/her own physical safety, academic performance or eligibility to compete in interscholastic competition, the University’s Athletic Department has developed a Substance Abuse Education & Testing Policy. Statement of Purpose: To educate the student-athlete on the harmful effects of illegal substance use and the misuse of legal medications; To deter the potential use of, misuse of, or experimentation with drugs and other physically or psychologically harmful substances by the student-athlete through an effective testing and sanction protocol; To provide any student-athlete determined to be affected by substance abuse with the opportunity to receive help through professional evaluation and counseling, or referral for treatment at his/her own expense; To develop criteria to evaluate the effectiveness of the Policy; To preserve the integrity of the student-athlete and Texas Wesleyan University; and. To act as an addendum to the University’s Student Drug and Alcohol Policy as set forth in the Student Handbook.
#3883681.3
1. Prohibited activity. The University in its Student Handbook prohibits the use, possession, presence, sale, and/or distribution of illegal drugs (those specified as illegal by federal, state and local laws) and/or drug paraphernalia by students on and off campus. Violation of this prohibition by students, including student-athletes, will lead to disciplinary action and/or criminal prosecution. For the purposes of this Policy, all locations where the student-athlete is participating in a competition on behalf of the University are covered by this Policy. 2. Prohibited substances. All University student-athletes are prohibited from using any illegal substances, any prescription medication without an authorized physician's approval, and any substance chemically related to the following classes of drugs which exceed concentration thresholds established by applicable sanctioning organizations including the NAIA: Stimulants; Anabolic Agents, including steroids; Diuretics including masking agents; Street Drugs (e.g., heroin, marijuana, cocaine); and Peptide hormones and analogues (e.g., human growth hormones and erythropoietin (EPO). The student-athlete is considered responsible for every substance that goes into his/her body and student-athletes use all drugs and nutritional or dietary supplements at their own risk. Although certain drugs and nutritional or dietary supplements may not be in apparent violation of this Policy, student-athletes who use substances within the categories set forth above may be in violation of rules associated with various competitions and sanctioning organizations, including the NAIA. Before taking any drug or supplement, student-athletes should consult with their team’s Athletic Trainer or physician. 3. Description of the University’s Substance Abuse Education Program for Student-Athletes All student-athletes are required to participate in a one (1) hour session at the start of each academic year concerning the consequences of substance abuse and the provisions of this Policy. Such sessions will be developed and coordinated by the Chair of the Athletic Department and the Chair of the University’s Counseling Department. All student-athletes shall be provided with a copy of this Policy at every session that they attend. 4. Evaluation Process for Determining the Effectiveness of the Substance Abuse Education Program The Chair of the Athletic Department and the Chair of the Counseling Department shall develop a methodology for determining the effectiveness of the foregoing Substance Abuse Education Program. Prior to September 1st of each year, the University shall file a report with the NAIA National Office describing the results of the evaluation process on forms provided by the NAIA. No student-
#3883681.3
athletes shall be eligible for postseason competitions until the NAIA Substance Abuse Certificate of Compliance form is on file with the NAIA National Office.
5. Drug testing. All University student-athletes identified on the NAIA official squad list and all University intercollegiate teams are subject to unannounced, random, reasonable suspicion, team, preseason, post-season and follow-up drug testing. All student-athletes will be required to execute a waiver consenting to such testing. Testing may occur at any time, including the preseason, offseason and during the regular academic year. This Policy may use testing threshold levels different than those used by other colleges, universities and sanctioning organizations for the purpose of determining a “positive” result. The testing shall be conducted by an independent laboratory engaged by the University. 6. Mandatory signing of drug-testing consent and notification forms. Drug-testing Consent and Notification forms are required to be signed by each student-athlete annually before he/she participates in any intercollegiate athletic activity on behalf of the University. Such forms are considered a confirmation of the student-athlete's agreement to the terms and conditions contained in this Policy. 7. Specimen collection procedures. A specimen of a designated body fluid shall be provided by the student-athlete under the conditions proscribed by a Drug and Alcohol Testing Industry Association (DATIA)/ Substance Abuse & Mental Health Services Administration (SAMHSHA) Certified Collection Facility. To ensure the integrity of the process, in addition to a University Athletic Trainer, an individual not associated with the Athletic Department will be present to witness the collection. Each specimen collected shall be split into two (2) samples. One sample shall be tested immediately. In the event it indicates a “positive” result, the student-athlete shall be promptly notified and the second sample of the specimen shall be promptly tested in order to verify the results of the initial test. A test of the second sample shall utilize gas chromatography/mass spectrometry methodology. The result of the second test shall be determinative in determining a Positive Test (the “Positive Test”). 8. Consequences of a Positive Test. Sanctions associated with a Positive Test shall be cumulative throughout the student-athlete’s enrollment at the University. If a Positive Test occurs at the end of the student-athlete’s competitive season, sanctions as set forth herein will carry over into the following season. While the sanctions are in effect, the student-athlete may continue to practice with the team but he/she will not be allowed to travel with the team or represent the University in intercollegiate
#3883681.3
competitions. The sanctions authorized by this Policy begin immediately upon receipt by the student–athlete of written notification of a Positive Test. A) For the first Positive Test: A student-athlete will be barred from competing in 33% of the intercollegiate competitions in his/her sport’s current season. If the Positive Test occurs at or towards the end of the season, and there are not sufficient remaining competitions in the season to achieve the 33% threshold, the number of competitions remaining which are necessary to reach the 33% level will be carried over into the subsequent season; and The student-athlete will be required to attend a minimum of three (3) drug counseling sessions dedicated toward educational and preventative strategies. If the drug counselor in his/her sole judgment determines that additional sessions are warranted, the number of counseling sessions may be increased, subject to approval by the Athletic Director; and The student-athlete will be subject to subsequent drug testing at the discretion of the Athletic Director. B) For a second Positive Test: The student-athlete will not be permitted to compete in any intercollegiate competitions nor any practices, games or scrimmages concerning the subject sport for a period of one (1) calendar year from the date of receipt of the second Positive Test; and The student-athlete will be required to attend a minimum of twelve (12) drug counseling sessions dedicated toward educational and preventative strategies. If the drug counselor in his/her sole judgment determines that additional sessions are warranted, the number of counseling sessions may be increased, subject to approval by the Athletic Director; and The student-athlete will be subject to subsequent drug testing at the discretion of the Athletic Director. C) For a third Positive Test: The student-athlete will be removed from the team and all of the student-athlete’s athletic scholarships will be revoked. D) Any student-athlete who fails to fulfill the requirements of A) or B) above will be removed from the team and his/her athletic scholarship will be revoked. 9. Self-reporting. A student-athlete may exercise a one-time option to submit a self-report declaring his/her use of a prohibited substance. The purpose of the self-report option is to provide an avenue of assistance for a student-athlete who realizes that he/she may need assistance. The self-report will not count as a Positive Test, except under the following conditions: The self-report option is limited to student-athletes who have had no prior Positive Tests.
#3883681.3
The self-report option cannot be used as a means to avoid or evade the consequences associated with a likely positive result from a pending drug test. The self-report option must be exercised prior to the student-athlete being notified of any upcoming drug test. Any student-athlete who decides to self-report must personally deliver to his/her Head Coach or the Athletic Director, a signed written statement identifying the prohibited substance being used, the approximate date of first use, the approximate date of last use and the frequency of use. Student-athletes who meet the requirements of the one-time self-report option will be required to: attend a minimum of three (3) drug counseling sessions dedicated toward educational and preventative strategies. If the drug counselor in his/her sole judgment determines that additional sessions are warranted, the number of counseling sessions may be increased, subject to approval by the Athletic Director; and participate in subsequent drug testing at the discretion of the Athletic Director. Subsequent or additional self-reports by a student-athlete will count as a Positive Test and the appropriate level of sanction will be implemented. 10. Notice of a violation of this Policy. In the event of a Positive Test, the appropriate Athletic Trainer shall be notified by the testing company in writing. Upon receipt of such notice, the Athletic Trainer shall promptly notify the Athletic Director. It shall be the responsibility of the Athletic Director promptly to report the Positive Test in writing to the student-athlete, the Head Coach and the President of the University. Upon the student-athlete’s receipt of the written notice of the Positive Test, the time period for the appeals process, discussed herein, shall commence. The Athletic Director may also report a violation of this Policy to the Vice President for Student Life, if the Athletic Director determines it is in the best interest of the student-athlete and/or the University to do so. 11. Consequences of failing to participate in or cooperate with the drug testing program. All studentathletes are required to comply fully with the drug-testing program created by this Policy. A) A student-athlete’s un-excused absence from a drug test; refusal to provide a specimen; or tampering with, or manipulation of, a specimen shall be treated as a Positive Test. B) A student-athlete’s excused absence from a drug test will not count as a Positive Test in the following situations; provided that the student-athlete provides appropriate supporting documentation: Attendance at a previously scheduled University related event where the student-athlete is an active participant; Observation of a religious holiday associated with a recognized religious organization;
#3883681.3
Required attendance at a judicial function; Absence associated with a temporary medical condition accompanied by a note from a health care professional; Time of family bereavement concerning an immediate family member; Attendance at a United States naturalization ceremony in which the student-athlete is participating by taking the oath of citizenship; or Any other reason deemed acceptable by the Athletic Director, if based upon a written request from the student-athlete. C) A failure to provide an adequate specimen within a reasonable period of time may result in a suspension of eligibility until the student-athlete provides an appropriate specimen under circumstances set by the University. If, based upon the written report of the specimen collector, the failure to provide a specimen occurs under circumstances that amount to a refusal to provide the specimen, the failure will be treated as a Positive Test. 12. Appeal from a Positive Test. A) Any student-athlete who receives a Positive Test may appeal to the Athletic Director. The request for an appeal must be made by the student-athlete in writing within five (5) days of his/her receipt of the written notice regarding the Positive Test. During the appeal process, the student-athlete will not be eligible to participate in any athletic contests. B) In case of an appeal, the Athletic Director, in consultation with the Chair of the Athletic Committee, will have two (2) business days (48 hours) to appoint a 3-member panel to hear the appeal. The members of the appeal panel shall include an Athletic Department administrator, a faculty member from the Athletic Committee and a member from outside the Texas Wesleyan University Athletic Department. The chair of the panel shall be the person from outside the Athletic Department. No person directly associated with the student-athlete's team shall be appointed to the panel. C) Once the panel appointment is completed, the panel must convene a hearing within five (5) business days. At the hearing, the student-athlete will have the burden of establishing his/her defense by clear and convincing evidence. The 3-member panel will render its decision in writing within 24 hours after the hearing and deliver it to the Athletic Director who will inform the student-athlete and respective Head Coach of the decision. Neither the student-athlete nor the University shall be represented by legal counsel at the hearing. D) The student-athlete may appeal on any ground, including on the ground that he/she had "no fault" for the violation (i.e., that he/she did not know and could not reasonably have discovered or suspected that he/she was administered or took a prohibited substance) or that he/she had "no significant fault" (the student-athlete's fault or negligence in the totality of the circumstances was not significant in relationship to the violation). If the 3-member panel determines that the student-athlete had “no fault” in the violation, the student-athlete will be absolved and no sanctions will be imposed. If the 3-member panel determines that
#3883681.3
that the student-athlete had “no significant fault,” the sanction imposed by this Policy may be reduced by up to 50% of what it otherwise would have been under the Policy. E) The University will not accept, for the purposes of an appeal of a Positive Test, any test results submitted by the student-athlete from drug tests not performed by the University’s contracted testing laboratory. F) The sanctions authorized by this Policy begin immediately upon written notification of a Positive Test and shall continue during the time allocated for the appeal process. 13. Confidentiality. A) Except as required by law, the University will treat confidentially all information relating to a student-athlete's alleged or confirmed use of a prohibited substance, aside from such disclosures to University personnel, coaches, physicians and athletic trainers which are required or permitted to be made under this Policy. B) Employees of the University who breach this policy of confidentiality or who disclose information about unannounced drug testing, such as the dates of such testing or the student-athletes or teams subject to testing on a particular date, will face disciplinary action as described in the Texas Wesleyan University Employee Handbook. 14. Oversight Committee. A) The Committee on Athletics shall serve as the oversight committee for the implementation of this Policy and shall develop criteria to determine its effectiveness. B) Each year the Athletic Director shall prepare and provide to the Committee a report which outlines and describes, at a minimum, the number of student-athletes tested in each athletic program, the number of Positive Test results aggregated by athletic program, gender, and race, the substances detected and the outcome of the sanctions imposed on each studentathlete who tested positive. C) The Committee shall be responsible for evaluating the adequacy of the Policy and may make recommendations to the Athletic Director and the President of the University to modify the Policy. 15. Stand Alone Declaration. The consequences of this Policy stand alone and do not supersede or replace any other University rules or policies governing student conduct. Specifically, the student-athlete, as a student of Texas Wesleyan University, is subject to all other University rules and policies affecting students in any regard, including those set forth in the Student Code of Conduct as found within the Student Handbook. In the event of a conflict between this Policy and such other University rules and policies, the other University rules and policies shall prevail; however, if no conflict exists, the consequences of violating this Policy may be in addition to consequences or sanctions imposed by other University rules, policies or practices.
#3883681.3
The Texas Wesleyan University Athletic Department believes that the abuse of legal drugs and/or use of illegal drugs can and will adversely affect the health and safety as well as the academic capabilities of its student-athletes. In an effort to minimize the possibility that a student-athlete may jeopardize his/her own physical safety, academic performance or eligibility to compete in interscholastic competition, the University’s Athletic Department has developed a Substance Abuse Education & Testing Policy. Statement of Purpose: To educate the student-athlete on the harmful effects of illegal substance use and the misuse of legal medications; To deter the potential use of, misuse of, or experimentation with drugs and other physically or psychologically harmful substances by the student-athlete through an effective testing and sanction protocol; To provide any student-athlete determined to be affected by substance abuse with the opportunity to receive help through professional evaluation and counseling, or referral for treatment at his/her own expense; To develop criteria to evaluate the effectiveness of the Policy; To preserve the integrity of the student-athlete and Texas Wesleyan University; and. To act as an addendum to the University’s Student Drug and Alcohol Policy as set forth in the Student Handbook.
#3883681.3
1. Prohibited activity. The University in its Student Handbook prohibits the use, possession, presence, sale, and/or distribution of illegal drugs (those specified as illegal by federal, state and local laws) and/or drug paraphernalia by students on and off campus. Violation of this prohibition by students, including student-athletes, will lead to disciplinary action and/or criminal prosecution. For the purposes of this Policy, all locations where the student-athlete is participating in a competition on behalf of the University are covered by this Policy. 2. Prohibited substances. All University student-athletes are prohibited from using any illegal substances, any prescription medication without an authorized physician's approval, and any substance chemically related to the following classes of drugs which exceed concentration thresholds established by applicable sanctioning organizations including the NAIA: Stimulants; Anabolic Agents, including steroids; Diuretics including masking agents; Street Drugs (e.g., heroin, marijuana, cocaine); and Peptide hormones and analogues (e.g., human growth hormones and erythropoietin (EPO). The student-athlete is considered responsible for every substance that goes into his/her body and student-athletes use all drugs and nutritional or dietary supplements at their own risk. Although certain drugs and nutritional or dietary supplements may not be in apparent violation of this Policy, student-athletes who use substances within the categories set forth above may be in violation of rules associated with various competitions and sanctioning organizations, including the NAIA. Before taking any drug or supplement, student-athletes should consult with their team’s Athletic Trainer or physician. 3. Description of the University’s Substance Abuse Education Program for Student-Athletes All student-athletes are required to participate in a one (1) hour session at the start of each academic year concerning the consequences of substance abuse and the provisions of this Policy. Such sessions will be developed and coordinated by the Chair of the Athletic Department and the Chair of the University’s Counseling Department. All student-athletes shall be provided with a copy of this Policy at every session that they attend. 4. Evaluation Process for Determining the Effectiveness of the Substance Abuse Education Program The Chair of the Athletic Department and the Chair of the Counseling Department shall develop a methodology for determining the effectiveness of the foregoing Substance Abuse Education Program. Prior to September 1st of each year, the University shall file a report with the NAIA National Office describing the results of the evaluation process on forms provided by the NAIA. No student-
#3883681.3
athletes shall be eligible for postseason competitions until the NAIA Substance Abuse Certificate of Compliance form is on file with the NAIA National Office.
5. Drug testing. All University student-athletes identified on the NAIA official squad list and all University intercollegiate teams are subject to unannounced, random, reasonable suspicion, team, preseason, post-season and follow-up drug testing. All student-athletes will be required to execute a waiver consenting to such testing. Testing may occur at any time, including the preseason, offseason and during the regular academic year. This Policy may use testing threshold levels different than those used by other colleges, universities and sanctioning organizations for the purpose of determining a “positive” result. The testing shall be conducted by an independent laboratory engaged by the University. 6. Mandatory signing of drug-testing consent and notification forms. Drug-testing Consent and Notification forms are required to be signed by each student-athlete annually before he/she participates in any intercollegiate athletic activity on behalf of the University. Such forms are considered a confirmation of the student-athlete's agreement to the terms and conditions contained in this Policy. 7. Specimen collection procedures. A specimen of a designated body fluid shall be provided by the student-athlete under the conditions proscribed by a Drug and Alcohol Testing Industry Association (DATIA)/ Substance Abuse & Mental Health Services Administration (SAMHSHA) Certified Collection Facility. To ensure the integrity of the process, in addition to a University Athletic Trainer, an individual not associated with the Athletic Department will be present to witness the collection. Each specimen collected shall be split into two (2) samples. One sample shall be tested immediately. In the event it indicates a “positive” result, the student-athlete shall be promptly notified and the second sample of the specimen shall be promptly tested in order to verify the results of the initial test. A test of the second sample shall utilize gas chromatography/mass spectrometry methodology. The result of the second test shall be determinative in determining a Positive Test (the “Positive Test”). 8. Consequences of a Positive Test. Sanctions associated with a Positive Test shall be cumulative throughout the student-athlete’s enrollment at the University. If a Positive Test occurs at the end of the student-athlete’s competitive season, sanctions as set forth herein will carry over into the following season. While the sanctions are in effect, the student-athlete may continue to practice with the team but he/she will not be allowed to travel with the team or represent the University in intercollegiate
#3883681.3
competitions. The sanctions authorized by this Policy begin immediately upon receipt by the student–athlete of written notification of a Positive Test. A) For the first Positive Test: A student-athlete will be barred from competing in 33% of the intercollegiate competitions in his/her sport’s current season. If the Positive Test occurs at or towards the end of the season, and there are not sufficient remaining competitions in the season to achieve the 33% threshold, the number of competitions remaining which are necessary to reach the 33% level will be carried over into the subsequent season; and The student-athlete will be required to attend a minimum of three (3) drug counseling sessions dedicated toward educational and preventative strategies. If the drug counselor in his/her sole judgment determines that additional sessions are warranted, the number of counseling sessions may be increased, subject to approval by the Athletic Director; and The student-athlete will be subject to subsequent drug testing at the discretion of the Athletic Director. B) For a second Positive Test: The student-athlete will not be permitted to compete in any intercollegiate competitions nor any practices, games or scrimmages concerning the subject sport for a period of one (1) calendar year from the date of receipt of the second Positive Test; and The student-athlete will be required to attend a minimum of twelve (12) drug counseling sessions dedicated toward educational and preventative strategies. If the drug counselor in his/her sole judgment determines that additional sessions are warranted, the number of counseling sessions may be increased, subject to approval by the Athletic Director; and The student-athlete will be subject to subsequent drug testing at the discretion of the Athletic Director. C) For a third Positive Test: The student-athlete will be removed from the team and all of the student-athlete’s athletic scholarships will be revoked. D) Any student-athlete who fails to fulfill the requirements of A) or B) above will be removed from the team and his/her athletic scholarship will be revoked. 9. Self-reporting. A student-athlete may exercise a one-time option to submit a self-report declaring his/her use of a prohibited substance. The purpose of the self-report option is to provide an avenue of assistance for a student-athlete who realizes that he/she may need assistance. The self-report will not count as a Positive Test, except under the following conditions: The self-report option is limited to student-athletes who have had no prior Positive Tests.
#3883681.3
The self-report option cannot be used as a means to avoid or evade the consequences associated with a likely positive result from a pending drug test. The self-report option must be exercised prior to the student-athlete being notified of any upcoming drug test. Any student-athlete who decides to self-report must personally deliver to his/her Head Coach or the Athletic Director, a signed written statement identifying the prohibited substance being used, the approximate date of first use, the approximate date of last use and the frequency of use. Student-athletes who meet the requirements of the one-time self-report option will be required to: attend a minimum of three (3) drug counseling sessions dedicated toward educational and preventative strategies. If the drug counselor in his/her sole judgment determines that additional sessions are warranted, the number of counseling sessions may be increased, subject to approval by the Athletic Director; and participate in subsequent drug testing at the discretion of the Athletic Director. Subsequent or additional self-reports by a student-athlete will count as a Positive Test and the appropriate level of sanction will be implemented. 10. Notice of a violation of this Policy. In the event of a Positive Test, the appropriate Athletic Trainer shall be notified by the testing company in writing. Upon receipt of such notice, the Athletic Trainer shall promptly notify the Athletic Director. It shall be the responsibility of the Athletic Director promptly to report the Positive Test in writing to the student-athlete, the Head Coach and the President of the University. Upon the student-athlete’s receipt of the written notice of the Positive Test, the time period for the appeals process, discussed herein, shall commence. The Athletic Director may also report a violation of this Policy to the Vice President for Student Life, if the Athletic Director determines it is in the best interest of the student-athlete and/or the University to do so. 11. Consequences of failing to participate in or cooperate with the drug testing program. All studentathletes are required to comply fully with the drug-testing program created by this Policy. A) A student-athlete’s un-excused absence from a drug test; refusal to provide a specimen; or tampering with, or manipulation of, a specimen shall be treated as a Positive Test. B) A student-athlete’s excused absence from a drug test will not count as a Positive Test in the following situations; provided that the student-athlete provides appropriate supporting documentation: Attendance at a previously scheduled University related event where the student-athlete is an active participant; Observation of a religious holiday associated with a recognized religious organization;
#3883681.3
Required attendance at a judicial function; Absence associated with a temporary medical condition accompanied by a note from a health care professional; Time of family bereavement concerning an immediate family member; Attendance at a United States naturalization ceremony in which the student-athlete is participating by taking the oath of citizenship; or Any other reason deemed acceptable by the Athletic Director, if based upon a written request from the student-athlete. C) A failure to provide an adequate specimen within a reasonable period of time may result in a suspension of eligibility until the student-athlete provides an appropriate specimen under circumstances set by the University. If, based upon the written report of the specimen collector, the failure to provide a specimen occurs under circumstances that amount to a refusal to provide the specimen, the failure will be treated as a Positive Test. 12. Appeal from a Positive Test. A) Any student-athlete who receives a Positive Test may appeal to the Athletic Director. The request for an appeal must be made by the student-athlete in writing within five (5) days of his/her receipt of the written notice regarding the Positive Test. During the appeal process, the student-athlete will not be eligible to participate in any athletic contests. B) In case of an appeal, the Athletic Director, in consultation with the Chair of the Athletic Committee, will have two (2) business days (48 hours) to appoint a 3-member panel to hear the appeal. The members of the appeal panel shall include an Athletic Department administrator, a faculty member from the Athletic Committee and a member from outside the Texas Wesleyan University Athletic Department. The chair of the panel shall be the person from outside the Athletic Department. No person directly associated with the student-athlete's team shall be appointed to the panel. C) Once the panel appointment is completed, the panel must convene a hearing within five (5) business days. At the hearing, the student-athlete will have the burden of establishing his/her defense by clear and convincing evidence. The 3-member panel will render its decision in writing within 24 hours after the hearing and deliver it to the Athletic Director who will inform the student-athlete and respective Head Coach of the decision. Neither the student-athlete nor the University shall be represented by legal counsel at the hearing. D) The student-athlete may appeal on any ground, including on the ground that he/she had "no fault" for the violation (i.e., that he/she did not know and could not reasonably have discovered or suspected that he/she was administered or took a prohibited substance) or that he/she had "no significant fault" (the student-athlete's fault or negligence in the totality of the circumstances was not significant in relationship to the violation). If the 3-member panel determines that the student-athlete had “no fault” in the violation, the student-athlete will be absolved and no sanctions will be imposed. If the 3-member panel determines that
#3883681.3
that the student-athlete had “no significant fault,” the sanction imposed by this Policy may be reduced by up to 50% of what it otherwise would have been under the Policy. E) The University will not accept, for the purposes of an appeal of a Positive Test, any test results submitted by the student-athlete from drug tests not performed by the University’s contracted testing laboratory. F) The sanctions authorized by this Policy begin immediately upon written notification of a Positive Test and shall continue during the time allocated for the appeal process. 13. Confidentiality. A) Except as required by law, the University will treat confidentially all information relating to a student-athlete's alleged or confirmed use of a prohibited substance, aside from such disclosures to University personnel, coaches, physicians and athletic trainers which are required or permitted to be made under this Policy. B) Employees of the University who breach this policy of confidentiality or who disclose information about unannounced drug testing, such as the dates of such testing or the student-athletes or teams subject to testing on a particular date, will face disciplinary action as described in the Texas Wesleyan University Employee Handbook. 14. Oversight Committee. A) The Committee on Athletics shall serve as the oversight committee for the implementation of this Policy and shall develop criteria to determine its effectiveness. B) Each year the Athletic Director shall prepare and provide to the Committee a report which outlines and describes, at a minimum, the number of student-athletes tested in each athletic program, the number of Positive Test results aggregated by athletic program, gender, and race, the substances detected and the outcome of the sanctions imposed on each studentathlete who tested positive. C) The Committee shall be responsible for evaluating the adequacy of the Policy and may make recommendations to the Athletic Director and the President of the University to modify the Policy. 15. Stand Alone Declaration. The consequences of this Policy stand alone and do not supersede or replace any other University rules or policies governing student conduct. Specifically, the student-athlete, as a student of Texas Wesleyan University, is subject to all other University rules and policies affecting students in any regard, including those set forth in the Student Code of Conduct as found within the Student Handbook. In the event of a conflict between this Policy and such other University rules and policies, the other University rules and policies shall prevail; however, if no conflict exists, the consequences of violating this Policy may be in addition to consequences or sanctions imposed by other University rules, policies or practices.
#3883681.3
