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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3344-48 | Policies on Drug Education and Screening Policies

 
 
 
Rule
Rule 3344-48-01 | Cleveland state university athletics drug education and screening program policy.
 

(A) The Cleveland state university (CSU) department of athletics advocates the development of healthy and responsible lifestyles for CSU student-athletes during their years of eligibility. Additionally, CSU strongly believes the use of national collegiate athletic association banned drugs and substances (excluding properly used medication prescribed by a physician to treat a specific medical condition) can be detrimental to the physical and mental well-being of its student-athletes. Therefore, it is the philosophy of the Cleveland state university department of athletics that all student-athletes at CSU be subjected to a drug education and screening program.

(B) For the purpose of this program, a student-athlete is defined as any student officially listed on the team roster. This includes but is not limited to student-athletes who are "red-shirting," student-athletes who are academically ineligible, student-athletes who are injured, fifth-year student-athletes who are receiving athletic-related aid and/or using other athletic-related services and team managers.

(C) The Cleveland state university department of athletics has a mandatory program of drug education and testing combined with counseling/rehabilitation efforts to assist and benefit the student-athletes at CSU. This program is in addition to the NCAA drug testing program and procedures. The CSU athletics drug screening and education program, including any sanction phases, is separate and distinct from the NCAA drug testing program and its sanctions, as well as, any university judicial process and sanctions.

(D) The signed consent and notification forms shall be considered affirmation of the student-athlete's agreement to the terms and conditions contained in this policy (appendix A).

(E) Purpose of the program: the purpose of the athletics drug education and screening program is to aid and assist the student-athletes at Cleveland state university. This program is designed with the best interests of the student-athletes in mind and based on the premise that drug use is detrimental to the student-athlete as well as a violation of Cleveland state university department of athletics policy.

Specific goals of this program are:

(1) To educate CSU student-athletes about the associated problems of drug use and abuse.

(2) To discourage any drug use by CSU student-athletes.

(3) To identify any student-athlete who may be using or abusing drugs.

(4) To educate any student-athlete, so identified, regarding such usage as it may affect the student-athlete and their team/teammates.

(5) To provide reasonable safeguards so that every student-athlete is medically competent to participate in athletic competition.

(6) To encourage discussion about any questions the student-athlete may have, either specifically or generally, about the use of drugs.

(F) It is believed that the CSU drug education and screening program shall serve to benefit all individuals connected with intercollegiate athletics at the university. Furthermore, participation in this program will enable the student-athlete to make informed and intelligent decisions in regards to drug use and abuse.

(G) The athletics drug education and screening program may be amended from time to time at the discretion of the director of athletics. Amendments shall be distributed to all student-athletes. No amendment shall be applied retroactively if such application will adversely affect a student-athlete's right to notice of standard of conduct or discipline.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 2/17/2014
Rule 3344-48-02 | Education and consent.
 

(A) At the beginning of each academic year, a presentation shall be made to all student-athletes in order to outline and review the CSU drug education and screening program, its purposes, implementation, and sanctions. Attendance at this presentation is mandatory for all student-athletes.

(B) A copy of this program shall be made accessible to each student-athlete in the CSU student-athlete handbook which can be obtained on the athletic department webpage (www.csuvikings.com) or in hard copy, upon request.

(C) As part of the yearly pre-participation physical exam, each student-athlete shall be asked to sign a form prior to participation verifying knowledge and understanding of the program, providing consent to the administration of the urinalysis testing required by the program, and permitting the release of testing results to a limited group (appendix A).

(D) A copy of this program shall be made accessible to all CSU coaching and athletic department staff. Updates shall be reviewed at the start of each academic year during an all-staff departmental meeting.

(E) All coaches are expected to support the efforts of the department of athletics to ensure the athletics program is drug-free, and that CSU student-athletes are informed of the risks involved in drug use. Coaches regular contact with the student-athletes provides an excellent opportunity to counsel and educate along with the assistance of other departmental and university staff members.

(F) Additional resources can be found at: NCAA: www.ncaa.org/health-safety dietary supplement resource exchange (REC): www.drugfreesport.com/axis.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-48-03 | Implementation of the program.
 

(A) Time frame: testing may occur anytime during the academic year, to include winter break and continue into the summer as applicable. Student-athletes shall be randomly selected for testing.

(B) Substances: the screening of substances may include, but is not limited to, the following:

(1) Amphetamines (including ecstasy)

(2) Anabolic steroids (HGH, syndopharb)

(3) Barbituates

(4) Cocaine

(5) Methaqualone

(6) Opiates (including heroin)

(7) PCP (angel dust) and analogues

(8) Tetrahydrocannabinol (THC, marijuana, synthetic marijuana)

(9) Alcohol

(10) Tobacco

(C) Many of the substances listed in paragraph (B) of this rule (and other banned substances) are found in dietary and herbal supplements. The CSU department of athletics and its personnel, in accordance with NCAA regulations, shall not distribute or encourage the use of any dietary supplements or ergogenic aids.

(D) Often, labeling of dietary supplements is not accurate and is misleading. Dietary supplements are not regulated by the food and drug administration (FDA) and, therefore, their purity is questionable.

(E) The use of dietary supplements may result in a positive drug test. Student-athletes who choose to use dietary supplements are encouraged to review the supplement with a member of the sports medicine department. Student-athletes are also encouraged to contact the national center for drug free sport, inc., at 877-202-0769 or www.drugfreesport.com/axis using the passcode NCAA1. Ultimate responsibility and accountability belongs to the student-athlete.

(F) Selection: student-athletes shall be selected randomly. Since the process is totally random, it is possible that the same individual may be selected on numerous occasions.

(G) Individuals who exhibit behavior symptomatic of drug usage may be selected independently of the random sample. A reasonable suspicion testing form may be completed by any concerned athletic department employee and reviewed with a member of the athletic training staff and/or head team physician or his/her designee. Any other university official or faculty member may bring his/her concerns about individual student-athletes to a member of the department of athletics senior staff or athletic training staff for discussion in consultation with the head team physician or his/her designee (appendix B).

(H) Any student-athlete who produced three or more dilute specimen samples during that original drug test, will automatically be tested at the next testing date under reasonable suspicion.

(I) There may be occasions where collaboration between the head team physician, head athletic trainer, head coach, and sport supervisor suggests the testing of an entire team. Under such circumstance and with the approval of the director of athletics, specific testing will not be randomized, but rather all-inclusive.

(J) All other implementation procedures, notifications, and reporting of results shall be handled according to this policy.

(1) Follow-up testing: A student-athlete who has returned to participation in intercollegiate sports following a positive drug test under this policy, may be subject to follow-up testing. Testing shall be unannounced and shall be required at a frequency determined by the director of athletics or his/her designee of the athletic director in consultation with the designated health care provider involved in the student-athlete's case.

(2) Pre-season screening: student-athletes are subject to pre-season drug testing and may be notified of such by the director of athletics or designee of the director of athletics or his/her designee at any time prior to their first competition.

(3) Transfer students: if it is brought to the attention of any sports medicine or Cleveland state university staff that a student-athlete transferring into Cleveland state university has history with prior positive drug test results with another university or with the NCAA, the student-athlete may be evaluated by the head team physician or authorized designee and may be submitted to non-random testing. However, no prior test results shall be considered as a first or subsequent positive test result for the purpose of the Cleveland state university drug education and screening program policy; however, the coach and/or sport supervisor may take that information under advisement for further sanctions.

(4) Notification: the student-athlete shall be notified of his/her selection for drug screening by a member of the CSU sports medicine staff or athletic department staff designee, which may include but is not limited to a coach or sport supervisor. This notification can occur at any time. At the time of notification, the student-athlete shall be presented with a student-athlete notification form, which indicates the date, time, and testing area. This form shall be signed by the student-athlete. Failure of the student-athlete to sign the form indicates an unwillingness to participate in the program and serves as a positive test result. Any refusal to participate in a required drug test, including not providing an adequate sample, leaving the testing area before providing an adequate sample, or failing to appear at the time of testing for any reason, shall be treated as a positive test and shall result in the penalties outlined in the CSU drug education and screening program policy (appendix C).

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 4/13/2006
Rule 3344-48-04 | Drug testing collection protocol.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 4/13/2006
Rule 3344-48-05 | Effect of positive test results.
 

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

(B) Positive drug test results (using the NCAA threshold values) are cumulative throughout a student-athlete's career at Cleveland state university. Any student-athlete who tests positive shall be subject to repeated testing throughout their CSU career (a minimum of one calendar year). A positive test for cocaine, heroin or PCP will automatically be considered a third positive and the student-athlete will be removed from participation in Cleveland state university athletics.

(C) Notification: the head team physician or designee shall securely receive the results of all testing via the center for drug free sport, on-line reporting mechanism. All testing results shall be handled confidentially. The head athletic trainer or designee shall notify the student-athlete of a scheduled appointment to meet with the head team physician or his/her 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, athletics compliance office 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 by the head team physician. For the safety and well-being of the student-athlete, the director of athletics may notify the student-athlete's parent(s) or legal guardian(s) of the positive finding and sanctions if over the age of twenty-one. Likewise, the director of athletics may inform other university officials as appropriate. 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 D to this rule). (Medical marijuana, CBD oils or related substances are still considered banned substances even with a prescription).

(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 by the head team physician or designee of the positive result, if under twenty-one years of age.

(c) The student-athlete shall meet with the director of athletics and/or sport supervisor and head coach. Meeting will occur within forty-eight hours of the student-athlete notification of a positive test, and will be documented by sport supervisor. Student-athlete will sign the CSU drug testing disciplinary agreement (appendix E) and will be given the CSU positive drug screen sanctions form to complete (appendix F).

(d) The student-athlete shall participate in designated counseling, treatment, and intervention programs as deemed appropriate by the head team physician, team psychiatrist and/or CSU counseling center. Failure to comply with the treatment plan shall be classified as non-compliant and shall result in a second positive test. This includes completing the recommendations in a reasonable time schedule, determined by the team physician or designee.

(e) The student-athlete shall be suspended for seven days from all team activities, including practice, strength and conditioning, film, training trips, etc, as well as, ten per cent (using traditional, mathematical rounding to the nearest whole number) of the championship season of their respective sport, excluding exhibition games (unless within the seven day period). Under this penalty, the student-athlete may not participate in any game-day activities, including pre-game meals, sideline access, travel, etc. These suspensions will be served immediately, unless determined otherwise by the director of athletics.

(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) The director of athletics, in consultation with the head coach and/or sports supervisor, has the discretion to add further sanctions, which may include, but are not limited to, additional suspensions, decrease/removal of athletic aid, travel limitations, etc. Additionally, the director of athletics and/or his/her designee may suspend or permanently dismiss any student-athlete that tests positive for a drug that is determined to be detrimental to the health and safety of the student-athlete, other student-athletes, or athletic department personnel, on a case by case basis.

(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-athletes parent(s) or legal guardian shall be notified by the head team physician or designee of the positive result, if under twenty-one years of age.

(c) The student-athlete shall meet with the director of athletics and/or sport supervisor and head coach. Meeting will occur within forty-eight hours of the student-athlete notification of a positive test, and will be documented by sport supervisor. Student-athlete will sign the CSU drug testing disciplinary agreement (appendix E) and will be given the CSU positive drug screen sanctions form to complete (appendix F).

(d) The student-athlete, at their own expense shall participate in designated counseling, treatment, and intervention programs as deemed appropriate by the head team physician, the team psychiatrist and/or CSU counseling center. Failure to comply with the treatment plan shall be classified as non-compliant and shall result in a third positive test. This includes completing the recommendations in a reasonable time schedule, determined by the team physician or designee.

(e) The student-athlete shall be suspended for ten days from all team activities, including practice, strength and conditioning, film, training trips, etc; as well as for thirty per cent (using traditional, mathematical rounding to the nearest whole number) of the championship season of their respective sport excluding exhibition games (unless within the ten day period). Under this penalty, the student-athlete may not participate in any game-day activities, including pre-game meals, sideline access, travel, etc. These suspensions will be served immediately, unless determined otherwise by the director of athletics.

(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) The director of athletics, in consultation with the head coach and/or sport supervisor, has the discretion to add further sanctions, which may include, but are not limited to, additional suspensions, decrease/removal of athletic aid, travel limitations, etc. Additionally, the director of athletics and/or his/her designee may suspend or permanently dismiss any student-athlete that tests positive for a drug that is determined to be detrimental to the health and safety of the student-athlete, other student-athletes, or athletic department personnel, on a case by case basis.

(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 participation in 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 designated medical provider to assess the student-athlete's individual situation and determine the appropriate follow-up treatment plan may be provided at no cost by the department of athletics.

(2) Any outside designated counseling, treatment and/or intervention programs deemed appropriate by the head team physician, team psychiatrist and/or counseling center shall be sought through the student-athlete's primary health insurance plan and may be determined to be the full financial responsibility of the student-athlete.

(H) Missing scheduled appointments and counseling: student-athletes shall comply with the schedule of appointments within the treatment plan. 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 sanctions, and CSU department of athletics sanctions.

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

(3) An alcohol-related charge of DUI, conviction or plea of guilty to such charge by any student-athlete will result in the sanctions imposed herein for positive drug tests. Each DUI charge, conviction or plea of guilty will be viewed as a separate offense and are cumulative. Other alcohol-related citations (MIP, open container) may result in sanctions as deemed appropriate by the director of athletics and/or the head coach.

View AppendixView AppendixView Appendix

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 3/9/2015
Rule 3344-48-06 | Appeal process.
 

(A) Student-athletes who test positive or who dispute that they have refused or failed to take a required test under the guidelines set forth in this policy may appeal the imposed sanctions.

(B) Only the student-athlete may file an appeal.

(C) An appeal must be submitted in writing to the director of athletics within two working days or forty-eight hours of the notification of the offense. If the forty-eight hours expire when the university is not open for business, the appeal may be submitted before nine a.m. on the next business day.

(D) The written appeal must present the reason(s) for the appeal.

(E) The director of athletics shall call together an appeals committee of five voting members; which consists of the director of athletics, head athletic trainer, athletics compliance office member, associate head athletic trainer, and faculty athletic representative. The sport supervisor, academic advisor and any other athletic department or university staff deemed appropriate by the director of athletics may be present, but not voting members.

(F) The head coach of the student-athlete may be present for the appeal hearing but will not be a voting member of the appeals committee.

(G) Upon appeal and presentation of all relevant information, it is the sole charge of the appeals committee to lift, modify, or maintain the imposed sanctions.

(H) The student-athlete may have an advocate or other representative present if they so desire. However, the student-athlete is responsible for the presentation of his/her own case.

(I) The appeal shall take place within seven working days of the receipt of the appeal request. If the athletic director is out of the office during that time period, it shall be scheduled for the time of their return or at an alternate time under the supervision of the director of athletics designee.

(J) These proceedings shall include an opportunity for the student-athlete to present evidence, as well as to review the results of the drug test.

(K) At the conclusion of the appeal, the appeals committee shall deliberate in private and decide by majority vote to lift, modify, or maintain the imposed sanctions. The decision by the appeals committee, relative to the test results, the sanctions, or refusal/failure to take a required test, shall be final.

(L) The director of athletics or his/her designee from the appeals committee will send written notification of the committee's decision to the student-athlete, the head coach, sport supervisor, athletics compliance office and the student-athlete's parents/guardians, if appropriate, within five working days from the date of the decision. The decision will be communicated, confidentially, to the head team physician or designee.

(M) In cases where a student-athlete is deemed to have a positive drug test and such test results in sanctions affecting his/her ability to compete, and the student-athlete is scheduled to engage in a competition before a determination can be made by the appeals committee, the student-athlete shall be suspended from competition pending a final decision.

(N) Time permitted, the student-athlete may request an expedited meeting of the appeals committee. The appeal shall include any information which might change the factual findings of the committee or the sanctions(s).

(O) By selecting the expedited process, the student-athlete waives the right to the standard review and appeal procedures. Under the expedited process, the committee shall meet in person or teleconference and shall render a decision before the competition.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-48-07 | Safe harbor program.
 

(A) A student-athlete may voluntarily refer him/herself to the sports medicine staff for evaluation, testing, and counseling for substance use/abuse. This provision allows a student-athlete to self-report a substance problem without repercussions of a positive test.

(B) These individuals shall still be required to undergo an evaluation by the head team physician or his/her designee. Cleveland state university staff shall work with the student-athlete to prepare a safe harbor treatment plan, which may include confidential drug testing.

(C) The student-athlete may be tested for banned substances upon entry into the safe harbor program and such a positive initial test shall not result in any administrative sanction, though the head team physician or his/her designee may suspend the student-athlete from all athletic activities, if medically necessary.

(D) The student-athlete's parent(s) or legal guardian shall be notified of the entry of their child into the safe harbor program, if under twenty-one years of age. For the safety and well-being of the student-athlete over the age of twenty-one, the director of athletics may notify the student-athlete's parent(s) or legal guardian(s) of the entry into the safe harbor program.

(E) A substance abuse counselor will determine the appropriate form(s) of intervention and rehabilitation needed by the student-athlete on a case-by-case basis. In addition, the student-athlete may be financially responsible for any outside treatment or counseling.

(F) A student-athlete shall be permitted to remain in the safe harbor program for a reasonable period of time, as determined by the treatment plan. A student-athlete may be permitted to remain in the safe harbor program while actively complying and undergoing documented treatment as deemed medically necessary by the head team physician, team psychiatrist, and or their designee. Any missed appointment or failure to comply will result in the removal of the student-athlete from the safe harbor program. While in compliance with the safe harbor program treatment plan, the student-athlete shall not be included in the list of students eligible for random drug testing.

(G) Students in the safe harbor program may be selected for drug testing by the NCAA and subject to NCAA sanctions.

(H) Upon release from the safe harbor program, the student-athlete will be placed in the cycle for institutional drug testing for at least one calendar year.

(I) The safe harbor provision shall be available for the student-athlete only one time during their athletic eligibility. It shall not be available after notification of an impending test or after a prior positive test result as set forth in the Cleveland state university drug education and screening program policy.

(J) A student-athlete, who enters the safe harbor program but does not comply with the terms of their rehabilitation, shall be sanctioned according to post-test procedures for a first positive result. Thereafter, the student-athlete shall serve the penalty phases for a second positive, if a positive test occurs in any future testing.

(K) If a student-athlete is determined to have been using, misusing or abusing substances after the initial safe harbor program treatment, as determined by follow-up testing, the student-athlete shall be subject to sanctions and follow-up testing as detailed for a first positive test result as outlined in the Cleveland state university drug education and screening policy.

(L) The director of athletics, associate athletic directors, the head athletic trainer, the student-athlete's head 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) may also be informed at the discretion of the head coach. Other university employees may be informed at the discretion of the director of athletics. The athletics compliance office will be notified of any student-athlete that does not comply and is subject to the penalty phase.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 2/17/2014, 3/9/2015