Lawriter - OAC - 3344-48-05 Effect of positive test results.

3344-48-05 Effect of positive test results.

(A) Any student-athlete who tests positive for a banned substance, who refused to submit or fails to take a required drug test as described in this policy, or is involved in any other drug-related offense, shall be subject to the sanctions listed in this rule.

(B) Positive drug test results or other drug related offenses are cumulative throughout a student-athlete's career at Cleveland state university. Furthermore, a positive NCAA drug test shall be counted as a positive CSU drug test result. Any student-athlete who tests positive shall be subject to repeated testing throughout their CSU career.

(C) Notification: the head team physician or designee shall securely receive the results of all testing via the center for drug free sport, anonymous, on-line reporting mechanism. All testing results shall be handled confidentially. The head team physician or designee shall ask an athletic trainer to decode the anonymous testing and identify the student-athlete in need of an evaluation with a team physician. The athletic trainer or designee shall notify the student athlete of a scheduled appointment to meet with the head team physician or designee to inform the student-athlete of the positive drug screen.

(D) Once the student-athlete has met with the team physician to discuss a positive test result, the head athletic trainer or designee will notify the athletic director, sport supervisor, and the head coach. If the student-athlete is under twenty-one years of age, the student's parent(s) or legal guardian(s) shall be notified of the positive test results. Results of positive drug tests shall be filed in the student-athlete's CSU medical record and handled according to all customary confidentiality procedures.

(E) Medical exception: if an athlete tests positive for a prescription medication, it shall be considered a positive test until the results are reviewed by the head team physician or designee. Medical documentation from the treating physician(s) shall be reviewed for evidence to support the need for use of a banned drug. For medications used to treat ADD/ADHD, appropriate documentation shall be on file with the Cleveland state university sports medicine staff prior to being selected for a random drug screen. ADD/ADHD documentation shall be updated yearly, see appendix A to this rule.

(F) Sanctions: since drug use is considered a violation of departmental and team rules, a positive test result shall have the following consequences:

(1) First positive:

(a) The student-athlete shall be required to meet with the head team physician or designee to discuss the positive drug test results and for assessment if athlete is in imminent danger to themselves or to others.

(b) The student athlete's parent(s) or legal guardian shall be notified of the positive result, if under twenty-one years of age.

(c) The student-athlete shall meet with the athletic director and/or sport supervisor and head coach.

(d) The student-athlete, at their own expense, shall participate in designated counseling, treatment, and intervention programs as deemed appropriate by the counseling center and/or head team physician. Failure to comply with the counselor's and/or head team physician's treatment plan shall be classified as non-compliant and shall result in a second positive test.

(e) The student athlete shall be suspended for ten per cent (using traditional, mathematical rounding to the nearest whole number) of the championship season of their respective sport. Under this penalty, the student-athlete may not participate in any game-day activities, including pre-game meals, sideline access, etc.

(f) However, the student-athlete shall be expected to practice and attend strength and conditioning workouts, if medically cleared. Exhibition games shall not be considered part of the championship season. Athletes with a positive test result, awaiting sanctions, may participate in an exhibition game, if medically cleared.

(g) The student-athlete shall be subjected to undergo repeated and unannounced follow-up drug tests for one calendar year from the date of the positive test result.

(h) Based on team rules, the head coach, in consultation with the sports supervisor has the discretion to add further sanctions, which may include, but are not limited to, additional suspensions.

(2) Second positive:

(a) The student-athlete shall be required to meet with the head team physician or designee to discuss the positive drug test results and for assessment if athlete is in imminent danger to themselves or to others.

(b) The student athlete's parent(s) or legal guardian shall be notified of the positive result, if under twenty-one years of age.

(c) The student-athlete shall meet with the athletic director and/or sport supervisor and head coach.

(d) The student-athlete, at their own expense, shall participate in designated counseling, treatment, and intervention programs as deemed appropriate by the counseling center and/or head team physician. Failure to comply with the counselor's and/or head team physician's treatment plan shall be classified as non-compliant and shall result in a third positive test.

(e) The student athlete shall be suspended for thirty per cent (using traditional, mathematical rounding to the nearest whole number) of the championship season of their respective sport. Under this penalty, the student-athlete may not participate in any game-day activities, including pre-game meals, sideline access, etc.

(f) The student-athlete shall be subjected to undergo repeated and unannounced follow-up drug tests for one calendar year from the date of the positive test result.

(g) Based on team rules, the head coach, in consultation with the sports supervisor has the discretion to add further sanctions, which may include, but are not limited to, additional suspensions.

(3) Third positive: a student-athlete who has had two previous positive drug tests, has undergone drug counseling and has a third positive test shall be permanently banned from the intercollegiate athletics at Cleveland state university and will not be eligible for reinstatement, and any athletic grant-in-aid shall be revoked.

(G) There are financial considerations that pertain to the sanctions of a positive drug test.

(1) Payment for an intake evaluation by a counselor to assess the student-athlete's individual situation and determine the appropriate follow-up treatment plan shall be the responsibility of the student-athlete.

(2) Any designated counseling, treatment and/or intervention programs deemed appropriate by the counseling center and/or head team physician shall be sought through the student-athlete's primary health insurance plan.

(3) In the event a student-athlete does not have primary health insurance and proves that neither they nor their family have the financial resources to cover the recommended treatment, the athletic director may convene a committee comprised of athletic department members and sports medicine staff to explore options for management.

(H) Missing scheduled appointments and counseling: student-athletes shall comply with the schedule of appointments with physicians and counselor(s) and those of the judicial affairs office. If the student-athlete is not able to keep the appointment, they shall cancel and reschedule the appointment by nine a.m. the day of the appointment. Failure to do so shall result in an additional positive test.

(I) Drug violations outside of the CSU drug education and screening program:

(1) Any CSU student-athlete who is found to be under the influence of any illegal/banned substance by local or campus police, either on or off campus, may be subject to possible criminal penalties, CSU judicial penalties, and CSU department of athletics sanctions for drug use/abuse as outlined in this policy.

(2) This includes, but is not limited to, drug or alcohol-related arrests or infractions, violations of campus residential policies, unlawful alcohol procurement and drug distribution.

Replaces: 3344-48-05



Effective: 3/9/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3344
Prior Effective Dates: 4/13/06, 2/17/14.