DRUG TESTING, EDUCATION AND COUNSELING POLICY
The University of North Florida (UNF) Drug Testing, Education and Counseling Policy (hereafter the “Policy”) addresses the non-medical use of prescription drugs, use of illegal drugs and the use of dietary supplements which are detrimental to the physical and mental well-being of its students. This policy is enforced by the Athletics Department, not the NCAA. UNF has implemented a mandatory program of drug testing, education, and counseling/rehabilitation to protect the student athlete health and safety. The Policy may be amended from time to time and student athletes will be given notice of any critical changes. The Policy shall not be construed to create a contract between student athletes and the University of North Florida.
Purpose of the Program
The purpose of the UNF Policy is to prevent drug use and abuse in athletics and, where detected, to eliminate it through medical treatment and/or discipline. Specific goals are:
- Educate student athletes of the dangers of drug use.
- Identify drug using student athletes through testing.
- Deter drug use by student athletes.
- Provide treatment if necessary.
- Provide discipline if necessary.
Problems Associated with Drug Use
Drug abuse can remain undetected leading to personal tragedy, which may include diminished academic and athletic performance, self-injury or injury to others, drug dependence or addiction, legal problems, and disastrous financial consequences. Abuse may also cast a negative image on all student athletes due to public visibility and the reputation of an academic center of higher education. Student athletes have a responsibility to themselves and the institution to maintain high standards of conduct and a sound respect for their physical health.
Drug Education Policy
The University of North Florida considers education to be an important part of the Policy. At the beginning of each academic year, each student-athlete will be required to attend an education seminar as part of the mandatory beginning of the year compliance meetings which will address the National Collegiate Athletic Association (NCAA) and the University of North Florida drug policies and testing guidelines. Each student-athlete will receive written copies of the policies and testing guidelines and will sign drug testing consent forms for both organizations. A presentation on the medical/legal aspects of drug abuse will also be conducted. Educational in-services will be available by referral to student athletes and athletic staff throughout the year. These programs will address the UNF Policy and are coordinated by the sports medicine staff and athletic department personnel.
Individuals are prohibited from use or attempted use, purchase, possession, manufacture, distribution and/or sale of the following (or aiding and abetting or being an accomplice to another):
Includes but is not limited to the NCAA Banned-Drug Classes
- Stimulants
- Narcotics
- Anabolic agents
- Substances banned for specific sports
- Diuretics
- Street drugs
- Peptide hormones and analogues
Illegal distribution, and/or the acquisition of multiple legal prescriptions for the same injury or illness from multiple physicians, misuse of any legal prescription drug, or alteration of any drug prescription. Distribution of drugs includes sale of a drug, trading a drug for another item/drug or giving their prescription drug to another person.
While the use of alcohol containing beverages is not prohibited for persons 21 years of age or older, any misuse of alcohol, including violations of the law while intoxicated, may result in corrective actions. A student athlete that receives a violation from student-conduct or receives a legal citation from a law enforcement officer for a drug and alcohol violation, including but not limited to:
- driving under the influence of drugs or alcohol
- possession of illegal drugs and alcohol
- public intoxication by drugs or alcohol
- possession and(or) drinking alcohol under the legal age limit will be subject of Corrective Actions and Remedial Guidelines for Drug Offenses detailed in this Policy.
Dietary Supplement Use
The University of North Florida’s policy on dietary supplements is one of caution. These substances are not regulated by the U.S. Food and Drug Administration (FDA), and although legally bound to disclose all ingredients, frequently contain substances not listed on the labels. Some of these supplements may contain NCAA banned substances that can result in a positive drug test. Ignorance is no excuse and the use of such supplements is highly discouraged.
For a complete list of NCAA banned substances please refer to www.ncaa.org/health-and-safety, or consult the list posted in the athletic training room. ALL questions may be referred to any of the UNF certified athletic trainers.
Procedural Guidelines
- All student athletes, as well as redshirts, medical redshirts, medical disqualifications, cheerleaders, student athletes who are academically ineligible, student athletes who have exhausted athletic eligibility but are still receiving financial aid and using other athletic related services will be subjected to drug testing.
- All student athletes will be required to sign a consent form as a condition of athletic eligibility giving UNF permission to conduct a test at any time.
- Student athletes may be notified in advance of drug testing and provided information on the time and site of the scheduled test. Under this policy, no notice testing is permissible.
- Failure or refusal to appear for a scheduled drug test will be treated as a positive test.
- The student athlete will report at the scheduled check-in time and location. The student athlete must bring a photo ID to the collection station or have their identification verified to the sample collection crew by the UNF staff. The student athlete will complete a form in the presence of the athletic training staff disclosing all medications (prescription and/or over-the-counter) and dietary supplements that he or she is taking. The student athlete will then be released to the custody of the sample collection crew.
- A collector of the same gender will observe the collection of urine samples. Each collector will be trained in appropriate collection techniques by the certified laboratory. Each individual sample will be coded to protect confidentiality.
- The Drug Testing Program Director will be notified by the certified laboratory of positive test results. The Drug Testing Program Director will notify the Director of Athletics/designee and Director of Sports Medicine/designee. The Director of Athletics/designee will then notify the Head Sport Coach. They will follow the procedures detailed in “Remedial Guidelines for Drug Offenses”: “Remedial Guidelines: First Offense”, “Remedial Guidelines: Second Offense”.
Types of Testing
Pre-Participation:
Each student athlete in every intercollegiate sport is subject to drug testing during the pre-participation physical.
Random:
Throughout the school year, random drug testing will be performed on a regular basis. The certified laboratory will use a computer program to select the number or percentage of student-athletes to be tested for each sport from a current roster. Student athletes attending summer sessions, or who are not enrolled in summer school but participate in supervised on-campus off-season conditioning programs, are also subject to random drug testing. Other methods of selection include entire teams, or teams of individuals who may be in a position to qualify for post-season conference or NCAA championship competition.
Reasonable Suspicion:
Any student participating in the intercollegiate athletic program is subject to reasonable suspicion drug testing if there is reason to believe the student may be using banned substances. Reasonable suspicion includes, but is not limited to, the following:
- current or past involvement with the criminal justice system for drug or alcohol related activities
- current or past involvement with the UNF Housing or Student Conduct offices for drug or alcohol related activities
- prior treatment for drug or alcohol problems
- admission of a current drug or alcohol problem
- prior positive test for any banned substances
- physiological signs of possible impairment from drugs or alcohol
- a pattern of aberrant behavior (e.g. increase/decrease in weight in a short period of time, increase in absence from class or athletic activities, increase in injury rate, mood swings, etc.).
Any strength and conditioning coach, sport coach, athletic administrator or athletic staff member concerned with a particular student should express this information confidentially to either the Athletic Director or the Director of Sports Medicine. These individuals are available to all athletic association personnel to explain further the signs that may point to the need for reasonable suspicion testing. Athletic department personnel in a position to recognize such signs (coaches, athletic trainers, strength and conditioning specialists, academic counselors, etc.) will be required to participate in regular continuing education conducted by medical personnel to review common signs and symptoms associated with drug and alcohol abuse.
Notification of Student athlete
The student athlete may be notified by the athletic training staff of a scheduled random drug test. The student athlete is required to complete a drug testing notification form, acknowledging notification and verifying the date, time and location of the test. A witness may accompany the athlete to the collection station.
Drug Test Site
During the pre-participation physical, drug testing may be performed at the University Athletic Facilities in a designated locker room/restroom. With random testing or reasonable suspicion testing, the site will be a designated locker room/restroom area in one of the UNF facilities.
Specimen Collection Manipulation or Adulteration
Any attempt to substitute, manipulate, adulterate or intentionally dilute a urine specimen will be treated as a positive drug test. Manipulation refers to the use of any product, including excessive water consumption, used for the purpose of providing a dilute urine sample or substitution of a urine sample. Adulteration refers to the use or attempted use of any chemical or product (including water) added directly to the urine sample for the purpose of interfering with the testing procedures used to identify the presence of drugs.
Classification of a Positive Drug Test
Specimens are analyzed by a laboratory accredited by the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA). If a student athlete tests positive, their medical record will be reviewed at that time to determine whether any medications (prescription and/or over the counter) or dietary supplement may have caused the positive test. In this event, the Director of Sports Medicine will consult with the appropriate personnel (prescribing physician, toxicologist) to confirm whether the use of the medication or dietary supplement was appropriate and used properly in the correct dosage. If so, this would be considered a “medical exception”. Absent a medical explanation, the test is considered positive. If possible, testing is quantified in order to ascertain the exact amount of the prohibited substance in the student’s urine. The student athlete will continue to be tested on a regular basis until testing negative for the prohibited substance on two sequential urine samples, or as often as deemed necessary. If during follow-up testing the quantitative result indicates an increased amount of prohibited substance, the student will be subjected to the remedial guidelines for the second as applicable. A forensic toxicologist may be utilized as a technical resource to clarify any questions pertinent to the follow-up positive test result.
Policy Regarding Notification of a Positive Drug Test
Positive test results will be sent directly to the Drug Testing Program Director (by e-mail to a secure computer site and/or a secure fax as well as a hard copy letter marked “confidential”), and will follow the procedures detailed in “Remedial Guidelines for Drug Offenses” as appropriate.
Confidentiality
Maintaining confidentiality is a critical factor for an effective substance abuse policy. No athletic department personnel or any individual associated with the drug testing program is permitted to disclose or allude publicly to any information acquired in their capacity, whether or not it relates to identified student athletes, individual teams, or the athletic department, unless required by court proceeding.
Drug Counseling
The Drug Testing Program Director and Director of Sports Medicine, in consultation with others who may have evaluated the student athlete, will decide whether the student athlete is unfit to participate in athletics and should be admitted for inpatient (hospitalized) or outpatient (without hospitalization) treatment. A student athlete will not miss class due to a counseling session, unless the student athlete is admitted and hospitalized for treatment. Counseling sessions are provided at the expense of the athletic department; however, any student athlete missing a scheduled counseling session is required to pay for that session at the current patient charge.
Remedial Guidelines for Drug Offense
Remedial guidelines are based upon whether the positive drug test is a first or second offense. An NCAA positive drug test will count as an institutional positive test. Positive drug tests are cumulative through-out a student athletes’ period of eligibility. The following are the minimum penalties enforced by UNF’s Athletic Department. Additional penalties may be developed and imposed at the discretion of the team’s coaches and approved by the Director of Athletics. With the application of any remedial guidelines, a Drug Testing, Education, and Counseling Compliance Acknowledgement Form will be completed. A copy must be given to the student athlete and a copy sent to the parent/guardian.
Remedial Guidelines: First Offense
- The Drug Testing Program Director will notify the Director of Athletics/designee and Director of Sports Medicine/designee. The Director of Sports notify the Head Sport Coach. The Director of Athletics/designee, Director of Sports Medicine/designee, Head Sport Coach and the student-athlete will meet to discuss the positive test. If necessary, consultation with a toxicologist may be requested.
- The student-athlete will be subject to unannounced drug testing for the prohibited substances at any time.
- The student-athlete will be referred to the student conduct office for drug education and undergo a counseling evaluation.
- The student-athlete will be suspended from all team activities for no less than 7 days of the total sport season and at least one (1) competition or game during the traditional competitive season. Student-athletes must be medically cleared to participate/compete to fulfill the suspension.
- The student-athlete may be required to undergo examination by the Head Team Physician and/or other medical specialists as deemed appropriate to receive medical clearance prior to returning to any athletic activity, whether practice, competition, strength and conditioning activities or off-season training.
Remedial Guidelines: Second Offense
- The Drug Testing Program Director will notify the Director of Athletics/designee and Director of Sports Medicine/designee. The Director of Sports Medicine will notify the Head Sport Coach. The Director of Athletics/designee, Director of Sports Medicine/designee, Head Sport Coach and the student-athlete will meet to discuss the positive test. If necessary, consultation with a toxicologist may be requested.
- The student-athlete will be subject to unannounced drug testing for the prohibited substances at any time.
- The student-athlete will be referred to the student conduct office for drug education and undergo a counseling evaluation.
- The student-athlete will be suspended from all team activities for at least 30 days of the total sport season and three (3) competitions or games during the traditional competitive season. Student-athletes must be medically cleared to participate/compete to fulfill the suspension.
- The student-athlete may be required to undergo examination by the Head Team Physician and/or other medical specialists as deemed appropriate to receive medical clearance prior to returning to any athletic activity, whether practice, competition, strength and conditioning activities or off-season training.
Remedial Guidelines: Third Offense
- The Drug Testing Program Director will notify the Director of Athletics/designee and Director of Sports Medicine/designee. The Director of Sports Medicine will notify Head Sport Coach. The Director of Athletics/designee, Director of Sports Medicine/designee, Head Sport Coach and the student-athlete will meet to discuss the positive test. If necessary, consultation with a toxicologist may be requested.
- The student-athlete will be permanently suspended, and scholarship (if applicable) will be terminated, consistent with all university, conference and NCAA rules and regulations.
NOTE: Failure to show up for a drug screen will be treated as an automatic positive drug test. If the individual student athlete does not fulfill the requisite sanctions (i.e. failure to show up for counseling, or complete the counseling program), he/she will be classified with a second positive that will result in action consistent with “Remedial Guidelines: Second Offense”.
Discipline and the Appeal Process
Any student who violates the University of North Florida Drug Testing, Education and Counseling Policy is subject to the Remedial Guidelines of the policy. Any student disciplined under the drug policy has the right to appeal and a hearing before the Appeals Committee that consists of the Director of Athletics/designee, the Director of Sports Medicine/designee, and Head Sport Coach/designee. Student athletes are reminded that many of the drugs banned in the drug policy are illegal. Involvement in the criminal justice system for a drug-related offense will be taken into account in disciplinary action imposed by UNF. Such involvement may also serve as an independent basis for discipline.
Appeal Process
Student athletes, who test positive may, within seventy-two (72) hours following receipt of notice of the positive test, contest the finding. Upon the student athlete’s written request for additional testing of the sample, the Director of Sports Medicine/designee will formally request in writing that the SAMHSA certified laboratory to re-analyze to reconfirm the original positive finding. The student athlete will be required to pay the cost of the re-test (approximately $250) prior to testing. If the re-test is negative, the student athlete will be reimbursed for the cost of the test. Confirmed re-test results will be reported directly to the Head Athletic Trainer who will then notify the Athletic Director and Head Team Physician. Re-analysis findings will be final. If the re-analysis test is negative, the first drug test will be considered negative.
Student athletes who test positive under the terms of the UNF Drug Testing, Education and Counseling Policy will be entitled to a hearing with the Appeals Committee prior to the imposition of any sanction. The Appeals Committee will be chaired by the Director of Athletics/designee and composed by the Drug Testing Program Director, Director of Sports Medicine/designee, and Head Sport Coach. A request for such a hearing must be made within seventy-two (72) hours of notification of a positive test result. If the seventy-two (72) hours would end on a weekend, the request must be made by noon on the next business day. Requests must be in writing and received by the Director of Athletics by the time deadline.
The student athlete may have an advocate or other representative present. 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 positive drug test. The proceedings shall be confidential. The decision by the Appeals Committee regarding the sanction to be imposed shall be final.
“Safe Harbor Program”: Self-Disclosure of Drug Problem
A student athlete may self-refer to the UNF Safe Harbor Program for voluntary evaluation and counseling. The use of the Safe Harbor Program will be allowed once during a student athlete’s tenure at the University of North Florida. A student athlete is not eligible for the Program after notification of an impending drug test or after receiving notice of a positive UNF or NCAA drug test.
The University of North Florida will work with the student athlete to prepare a Safe Harbor treatment plan, which may include confidential drug testing. If the student athlete tests positive for a banned substance upon entering the Safe Harbor Program, that positive test will not be considered a First Offense and will not result in any administrative sanction. The team physician may suspend the student athlete from play or practice if medically indicated. A student athlete will be permitted to remain in the Safe Harbor Program up to thirty (30) days, as determined by the treatment plan. A student athlete will not be permitted to enter the Safe Harbor Program thirty (30) days prior to NCAA or Conference postseason competition. Students in the Safe Harbor Program may be selected for drug testing by the NCAA.
The Director of Athletics/designee, Drug Testing Program Director, the Director of Sports Medicine/designee, the student athlete’s Head Sport Coach and the Team Physician may be informed of the student’s participation in the Safe Harbor Program. The athletic trainer assigned to that sport may also be notified, if medically appropriate. The assistant coach(es) also may be informed at the discretion of the Head Sport Coach. Other university employees may be informed only to the extent necessary for the implementation of this policy.
If a student athlete tests positive on a second test, the banned substance levels rise or stay the same, for any banned substance after entering the Safe Harbor Program or fails to comply with the treatment plan, the student athlete will be removed from the Safe Harbor Program. The initial Safe Harbor positive test will be treated as a first positive and the second positive will result in action consistent with “Remedial Guidelines: Second Offense”.
Policy Regarding Recruitment of Student Athletes
Coaches involved in recruiting prospective student athletes should ensure that student athletes are aware of the “UNF Drug Testing, Education and Counseling Policy”. Additionally, alcoholic beverages and illegal drugs are not to be used during the recruitment process of any prospective student athlete.