Drug Testing Collegiate Student-Athletes

Drug Testing Collegiate Student-Athletes A HISTORICAL PERSPECTIVE, IMPACT ON CASE LAW, & RECOMMENDATIONS FOR THE FUTURE

ALLISON L. VENELLA

Agenda  Why Drug Test?  History  Area’s of Law Impacted  Cases and Laws  Case Studies  NCAA & Institutional Policies  Current News and Recommendations  Fun Facts  Summer 2012 Olympic Games

Why Drug Test College Athletes? NCAA Drug Testing Program: •“Ideals of Fair and Equitable Competition at

Championship and Postseason Events” •so that no one competitor have an advantage over their competition

•Health and Safety of College Athletes •as individuals, as members of teams, and as competitors

•Ensure the Integrity of College Athletics

History of Drug Testing  1960’s-International Olympics Committee (IOC)  Recognition of problem  1983-IOC-Pan American Games in Caracas, Venezuela  Drug testing begins  1986-NCAA 80th Annual Convention  Vote to start drug testing at NCAA Championships  1986-Len Bias and Don Rogers  Two tragic deaths

 1999-National Center for Drug Free Sport

Landmark Cases  High impact area’s of Case Law—Supreme Court Decisions     

New Jersey v. TLO (1985) Skinner v. National Railway Labor Execs (1989) National Treasury Employee’s Union v. Von Raab (1989) Vernonia School District 47j v. Acton (1995) Board of Education of Independent School District #92 of Pottawatomie County v. Earls (2002)

Legal Questions  Ramifications of Drug Testing  VIOLATION OF CIVIL RIGHTS?  14th Amendment- Due Process State and local government action  Supreme Court State Action Theories (3)  Public Function Theory  Entanglement Theory  Encouragement Theory 

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4th Amendment – Search and Seizures 

Unlawful Search and Seizures & Student Privacy Issues  Reasonableness Test

Case Studies  NCAA State Actor Case- is there state action?  Arlosoroff v. NCAA and Duke University (1984)  NCAA Search and Seizure Cases  University of Colorado v. Derdeyn (1993)  Hill v. NCAA (1994)  Brennan v. Bd. of Trustee’s for University of Louisiana System (1997)

Private vs. Public Institutions  Constitutionality of Public School Drug Testing

Procedures  NCAA’s Statement on Institutional Drug Testing  

How to create and maintain testing policy Concerns to keep in mind State specific laws  Constitutional and logistical 

Current State of the Law  1994-Improving America’s School Act (IASA)  Safe and Drug Free Schools  2001-No Child Left Behind (NCLB)  Title IV, Part A; Federal Funding

NCAA Drug Testing Policy  Adopted in 1986  Mandatory Drug Testing of Student-Athletes  Table of Contents: NCAA Banned Drug List  Medical Exceptions  Alcohol, Tobacco and Other Drug-Education Guidelines  Drug Testing Program and Protocol  Drug Testing Legislation (NCAA Bylaws)  Institutional Drug Testing 

 Drug Testing Forms 

http://www.ncaa.org/wps/wcm/connect/public/NCAA/Health+and+Safety/Drug+Testing/

Drug Testing Procedures The NCAA must weigh the following issues regarding to drug testing student-athletes:  Private Information & Privacy Issues  Consent Forms  Chain of Custody 

http://www.youtube.com/watch?v=W40fOG-uKyo

 Positive Test Results

 Eligibility Status

BIG EAST Conference  Mission Statement:  “The BIG EAST Conference promotes healthy competition and academic integrity.” 

“Promote and cultivate intercollegiate athletics programs which foster integrity, healthy competition and the pursuit of excellence in academic environments.”

 Drug Testing: no official conference-wide policy  NCAA: administers drug tests at Conference

Championships

Villanova’s Drug Testing Policy  Written Delivery of Policy 

Policy Purpose: “Villanova University is committed to maintaining an environment that encourages student-athletes participating in intercollegiate athletics and club sports to avoid the abuse and or illegal use of alcohol, as well as the unauthorized use of controlled substances and performance affecting drugs. Systematic drug testing is instrumental in helping to ensure the health, safety and welfare of student-athletes, while also promoting fair competition in intercollegiate athletics.’

 Beginning of the Year Compliance/Team Meeting  Verbal Communication & Consent Forms  Drug testing policy posted on villanova.com 

http://www.villanova.com/auto_pdf/p_hotos/s_chools/nova/genrel/auto_pdf/vu-drug-policy

“Substance Use”  NCAA Study  January 2012 Publication: “National Study of Substance Use Trends Among NCAA College Student-Athletes.” 

General Findings about Drug Testing and Drug Testing Beliefs

 2009-2010 NCAA Drug Testing Results 

http://www.ncaa.org/wps/wcm/connect/public/NCAA/Health+and+Safety/Drug+Te sting/

Headline News-Spring 2012 18 Arrested in TCU Drug Bust Fort Worth police misidentify man in one arrest warrant By: Frank Heinz Thursday, Feb 16, 2012 | Updated 11:34 AM CDT NBCDFW.COM

Four TCU Football Players Arrested in Drug Bust By: Gregory Kreig Feb 15, 2012 1:53pm Abcnews.com

Drug use at UTEP rising, student athletes suspended By: Natalie Tripp Posted: 3:44 p.m. Wednesday, Jan. 25, 2012 Kfoxtv.com

Drug-test scandal the latest mess for 'Cuse BY: DICK WEISS Monday, March 05, 2012 NYDAILYNEWS.COM “Our student-athletes are a microcosm of society and unfortunately that means some of our players reflect a culture that glorifies drugs and drug use.”– TCU AD Chris Del Conte

How is this going to get better?  Recommendations:  NCAA to Individual Institutions: you must have a policy in place (consistent with state laws) 

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NCAA to create a way for funds and education to be available for schools who can’t afford drug testing

Institutional consistency makes for level playing field Integrity violations (i.e. Syracuse, TCU): sanctions like APR?

Final Thoughts  Why this topic?  Media Spotlight  The good and the bad  Technology  Social Media  How to escape positive drug test results websites

Summer 2012 London Olympics

•The most advanced technology & drug testing in the history of the games •5000 urine and blood tests •Random sampling of all Medalists •Specifically on high alert: HGH testing •Ensure the integrity of the games “It would be foolish to say these Olympics would be drug-free, but my advice to athletes is if they take the risk, they will get caught. With 50% of the athletes being tested, anybody who does try to cheat will stand a good chance of detection.” -Prof. David Cowan

Thank you!

“In order to win the war against drugs, we must not sacrifice the life of the Constitution in the battle.” District Judge Sarokin Capua vs. City of Plainfield