COMPLIANCE

University at Buffalo 2007-08 Student-Athlete Handbook

DRUG TESTING POLICIES

NCAA Drug Testing Policy
As a UB student-athlete, you are subject to drug testing by the university Division of Athletics (as described below) and by the NCAA. Under NCAA regulations, any student-athlete involved in an NCAA championship (individual or team) or in a certified postseason football game may be drug tested prior to, during or after the event. In addition, the NCAA may test student-athletes competing in any sport, either in the traditional or non-traditional season, any number of times.

All sports:
• If the NCAA tests you for the banned drugs listed in Bylaw 31.2.3.1 and you test positive (consistent with NCAA drug-testing protocol) outside your sports season, you will be ineligible to participate in regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after your positive drug test, and you will be charged with the loss of a minimum of one season of competition in all sports.
• If you test positive a second time for the use of any drug, other than a “street drug” as defined in Bylaw 31.2.3.1, you will lose all remaining regular-season and postseason eligibility in all sports.
• If you test positive for the use of a “street drug” after being restored to eligibility, you shall be charged with the loss of one additional season of competition in all sports and also shall remain ineligible for regular-season and postseason competition at least through the next calendar year. [Bylaw 18.4.1.5.1]
• A policy adopted by the NCAA Executive Committee establishes that the penalty for missing a scheduled drug test is the same as the penalty for testing positive for the use of a banned drug. You will remain ineligible until you retest negative and the NCAA Eligibility Committee has restored your eligibility. [Bylaw 18.4.1.5.1]

Non-NCAA athletics organization positive drug test

All sports:
• If you test positive for banned substances by a non-NCAA athletics organization, you must notify your director of athletics regarding the positive drug test. You also must permit the NCAA to test you for the banned drugs listed in Bylaw 31.2.3.1.
• If the results of the NCAA drug test are positive, you will lose all remaining eligibility during the season in which you tested positive and an additional season of competition.
• The Director of Athletics must notify in writing the NCAA’s Director of Sports Sciences regarding a student-athlete’s disclosure of a previous positive drug test administered by any other athletics organization.

Summer Drug Testing

Starting with the summer 2006, the NCAA will begin summer drug testing for all student-athletes. All student-athletes, whether on-campus or away from campus for the summer, are subject to this testing requirement.

NCAA Bylaws 18.4.1.5.2 and 21.2.2.2 provide the authority for this action, and the Student-Athlete Statement and Drug Testing Consent forms provide notice to and consent by student-athletes to the NCAA drug testing program from the date signed through August 31 of the following year.

As the academic year concludes and student-athletes prepare to depart campus, all coaches must ensure that they have on file current and active cellular phone numbers and/or home phone numbers, summer addresses, and email addresses for all student-athletes. Coaches should compile this information and provide it to the Office of Compliance no later than May 1, 2007.

If you have questions or concerns regarding NCAA summer drug testing, please contact Paula Browning, UB Athletic Trainer, at 716-645-3438.

UB Drug Testing Policy

University at Buffalo Division of Athletics - Substance Abuse Program for Student Athletes

1. INTRODUCTION

   First and foremost, the University at Buffalo and Division of Athletics are concerned with the health, safety, and welfare of the student-athletes who participate in its programs and represent the University in competitive athletics. The use of illegal drugs, misuse of legal drugs and dietary supplements, and the use of performance enhancing substances are inconsistent with the standards expected of student-athletes at the University at Buffalo and pose a substantial health and safety risk to all those involved in intercollegiate practice and competition. The importance of physical and mental fitness to success in athletics provides a strong incentive to student-athletes to avoid use of alcohol and other drugs. Nevertheless, some athletes may be attracted to use so-called "performance enhancing" drugs such as anabolic steroids and over-the-counter dietary supplements, even if legally obtained in misguided efforts to increase their strength or endurance. Accordingly, serious attention has been given and is being given to drug-related problems in intercollegiate athletics throughout the country. The University at Buffalo's Division of Athletics is committed to enhancing the quality of life of every student-athlete in our program. The implementation of such a drug education and testing policy will deter the misuse or abuse of chemicals that can adversely affect the health and/or safety of all student-athletes.

2. BASIC PROGRAM REQUIREMENTS

   The purposes of this substance abuse program for student-athletes are:

   1. to help student athletes avoid improper involvement with drugs, by insuring that they are well informed about drugs and drug abuse;
   2. to detect possible prohibited drug use through a screening program based on periodic testing designed to reveal the use of drugs;
   3. to assist in the rehabilitation of student athletes found to be misusing drugs; and
   4. in extreme cases, to remove from our athletic programs any student athlete who is found to have ignored repeated attempts of education and has violated the requirements of this policy.

   Any student-athlete with eligibility remaining and who is listed on a team's official roster is subject to drug testing. To become and remain a participant in University at Buffalo's intercollegiate athletics programs, you must comply with the terms of this substance abuse program. Accordingly, you must read these requirements carefully, and if you are willing to abide by them you must sign your name on the University at Buffalo Verification of Receipt of Documents. If you decide not to sign, you will not be permitted to participate in university intercollegiate athletic programs.

3. EDUCATIONAL PROGRAM

   The most important part of this program is an ongoing educational effort designed to help student athletes avoid any involvement in prohibited uses of drugs. Each member of every intercollegiate athletic team at University at Buffalo shall be required to participate in prescribed drug education activities. Each year, the Division of Athletics will offer one or more educational programs and requires each athlete to attend these drug awareness programs discussing the prohibited use of drugs.

4. PROHIBITED DRUGS

   Student-athletes will be tested for the following banned drugs at the following levels, based on the guidelines of the National Center for Drug Free Sport, Inc:

   Substance:	Screen Cut-Off:	Confirmation Cut-Off:
   Amphetamines/Methamphetamines*	300 ng. /mL	100 ng. /mL
   Cocaine Metabolites	100 ng. /mL	50 ng. /mL
   Cannabinoids	20 ng. /mL	5 ng. /mL
   Opiates	300 ng. /mL	300 ng. /mL
   Phencyclidine (PCP)	20 ng. /mL	10 ng. /mL
   Ephedrine	N/a	5 m.g/mL

5. SCREENING PROGRAM

   By agreeing to participate in this program, a student athlete agrees to submit to any tests prescribed by University at Buffalo to reveal the use of any of the drugs listed above. No such test will be administered unless the affected person first has signed an individual notification form which expressly identifies the specific test that he or she has been asked to undergo, at a specified time on a specified date. The basic test to be used for drug screening is a urinalysis. However, other types of tests from time to time may be utilized to determine the presence of drugs. These alternative procedures include, but are not limited to testing samples of blood or hair.

   The University's drug-testing program is composed of three different testing regimens. The first of these is unannounced team testing. The second is random testing program. Under the random testing program, a random list of student-athletes' names will be generated from current team squad lists. These student-athletes will be contacted by members of the Sports Medicine Staff and will be required to be present at the drug-testing site at the prescribed time.

   The third testing process is testing based on reasonable suspicion. Reasonable suspicion drug-testing program is the identification of possible drug-users through what is known as individualized reasonable suspicion, based upon the observation of certain symptoms, that an individual may be using either street drugs or performance-enhancing drugs. No reasonable suspicion tests will be carried out unless there is a reasonable suspicion that a student-athlete may be using such drugs. The determination of individualized reasonable suspicion may be made by: 1) a physician who identifies specific symptoms during the course of a routine or special physical examination; or 2) a coach or trainer who identifies symptoms in a student-athlete which indicate possible drug use. If a physician identifies the symptoms, then testing (as described below) may take place immediately. If a coach or trainer identifies the symptoms, then the student-athlete will be referred to the Head Athletic Trainer immediately for possible testing. Any testing procedure for probable drug use will be done immediately following the determination by a physician that a reasonable suspicion exists that the student-athlete may be using either street drugs or performance-enhancing drugs. The student-athlete must be informed of the reasons for such testing procedures prior to being tested.

   The testing procedure will involve the collection of specimens of urine from the student-athlete. The National Center for Drug Free Sport will provide a drug testing crew to conduct the drug testing program on campus, on a date and at a time to be determined by the Head Athletic Trainer and the drug testing crew chief.

   Collected specimens are referred to an outside laboratory, a proper and effective chain of custody of collection specimens will be observed. The specimens collected from a student-athlete will be split into two samples, labeled "A" and "B", at the time of collection. Both samples will be sealed in the student-athlete's presence. The samples will then be forwarded to the outside laboratory for analysis. The Center for Drug Free Sport will determine the specific laboratory.

   The testing laboratory will test specimen "A" from the student-athlete, using an immunoassay technique. If by immunoassay a student-athlete's urine specimen is found to contain any of the drugs mentioned above or other street drugs or performance-enhancing substances, a secondary confirmation test will be performed by gas chromatography/mass spectroscopy. If this second test is positive, specimen "B" will be retained for possible later evaluation. The urine sample will remain property of the University at Buffalo.

   At the time of every testing, the student-athlete will be required to sign a document outlining the drugs being screened for and the drug testing procedures. Failure to sign will result in a positive test.

   The testing based on urinalysis will be implemented as follows:

   When tests will be administered
   1. Unannounced team testing

      All student athletes on any varsity team may be subject to periodic unannounced team testing. Specifically, on various occasions during the academic year, any varsity team may be selected to be tested. The Head Coach will be notified of the test and will call a team meeting to announce to the team that they have been selected for team drug testing.

   2. Unannounced random testing

      All student athletes may be subject to periodic unannounced random testing. Specifically, on various occasions during the academic year, a percentage of the members of each team will be selected, at random, to be tested. The selection of individuals will be made through a blind drawing of names from the team roster by the Compliance Coordinator upon notification from the Athletic Director or his/her designee of the date on which the testing of selected members of a particular team is to be conducted. The list of persons so selected for testing will be supplied to the coordinator of drug testing. Student-athlete notification will be given at the time of testing.

   3. Testing in response to individualized reasonable suspicion.

      A student athlete may be subject to testing at any time when, in the judgment of a team physician there is reasonable suspicion to suspect the student may be engaged in the use of any of the drugs prohibited by this policy. Such individualized reasonable suspicion may be based on information from any source deemed reliable by the Athletic Director or his/her designee and or Head Athletic Trainer, including, but not limited to:

      1. Observed possession or use of substances that reasonably appear to be drugs of the type prohibited;
      2. Arrest or conviction for a criminal offense related to the possession, use or trafficking in drugs of the type prohibited;
      3. Observed abnormal appearance, conduct or behavior, including unusual patterns of absence from training or competition, reasonably interpretable as being caused by the use of drugs of the type prohibited.

      Upon receipt of such information, the Athletic Director or his/her designee and/or the Head Athletic Trainer shall confer with University legal and medical representatives in determining whether there is reasonable cause to suspect that the student is engaged in prohibited drug use. Individualized reasonable suspicion means: if the available facts were conveyed to a reasonable person unfamiliar with the student or the athletics program, that person would conclude that there is a factual basis for determining that the student is using a prohibited drug.

      If individualized reasonable suspicion is found to exist, the Athletic Director or his designee, will contact the student-athlete and inform them of their selection for drug screening. The Athletic Director or his designee will provide written notice specifying the date, time and place at which the student will be tested unless the student provides an explanation for his/her behavior, which is satisfactory to the Athletic Director or his designee. The test will be conducted in accordance with the procedures established for conducting drug tests. The consequences of failure to participate in or cooperate with such testing and the consequences of impermissible drug use discovered through such testing shall be the same as those applicable to unannounced random testing.

   Consequences of failure to participate in or cooperate with testing.
   

   1. If the student declines to execute the required Individual Notification Form, eligibility to participate in intercollegiate athletics will be canceled for the balance of the academic year. The procedures prescribed in Section 7 apply to such a cancellation.
   2. If a student athlete fails to report for a scheduled test, it would be treated as a positive test.
   3. If the student fails within a reasonable period of time to produce a required urine specimen, it will be considered a positive test.

6. CONSEQUENCES OF IMPERMISSIBLE DRUG USE

   When prohibited drug use has been verified through positive test results, the following consequences will apply.

   1. First Occasion

      Confidential meeting to evaluate the nature and extent of drug involvement. The student will be required to meet privately with the Team Physician, Head Athletic Trainer and Athletic Director (or his/her designee) to ascertain the facts about the nature, extent, and history of the problem. In eliciting information from the student, responses are to be oral, are not to be given under oath, and are to be revealed only to University officials, persons authorized by the student, and the parents. No other persons or agencies will be given information except in response to a valid subpoena or court order.

      Notification of parents. The student-athlete will be required to notify his or her parents in the presence of Team Physician, Head Athletic Trainer and Athletic Director (or his/her designee) of the known facts concerning his/her drug abuse and of the conditions to be imposed by the institution in response to those facts.

      Counseling and rehabilitation. The nature and extent of institutional counseling and medical intervention that may be required by the Team Physician, Head Athletic Trainer and Athletic Director (or his/her designee) as a condition of continued athletic eligibility will depend on the nature of the individual's drug involvement. The student will be required to attend a mandated counseling assessment.

      Follow-up testing. The student may be subject to follow-up testing for as long as is deemed appropriate by the Team Physician, Head Athletic Trainer and Athletic Director (or his/her designee).

      Suspension or discontinuation of athletic eligibility. Even with respect to a first known occasion of drug abuse, if the problem is deemed by the Team Physician, Head Athletic Trainer and Athletic Director (or his/her designee) to be sufficiently serious the student may be suspended from athletic participation for a stated interval of time or may have his or her eligibility canceled by the institution. If eligibility is canceled, a student will not be eligible for renewal of any athletic scholarship, and an existing scholarship may be subject to cancellation. Any such suspension or cancellation may be imposed only in accordance with the procedures specified in Section 7. The parents of minor students and dependent students will be notified of any such cancellation of eligibility.

   2. Second Occasion

      Notification of parents. The student-athlete will be required to notify his or her parents in the presence of Team Physician, Head Athletic Trainer and Athletic Director (or his/her designee) of the known facts concerning his/her drug abuse and of the conditions to be imposed by the institution in response to those facts.

      Suspension or loss of eligibility. The student will be suspended from participation in intercollegiate athletic activities for ten percent of the team's regular season contests. If eligibility is canceled, a student will not be eligible for renewal of any athletic scholarship, and an existing scholarship may be subject to cancellation. Any such suspension or cancellation may be imposed only in accordance with the procedures specified in Section 7.

      Counseling and rehabilitation. Appropriate medical and psychological monitoring and counseling may be supplied to the student, for the duration of any period of suspension, and thereafter for as long as the team doctor or Athletic Director deem appropriate. The student will be required to attend a mandated counseling assessment.

      Follow-up testing. During the period of suspension and at any time following reinstatement, the student may be subject to follow-up testing for as long as deemed appropriate by the team physician, Head Athletic Trainer or Athletic Director (or his/her designee).

   3. Third Occasion

      Cancellation of eligibility. The athletic eligibility of the student will be canceled permanently and the student's athletic scholarship will be canceled. Any such cancellation may be imposed only in accordance with the procedures specified in Section 7.

      Notification of parents. The parents of minor students and dependent students will be notified of any such cancellation of eligibility.

      Counseling and rehabilitation. A student whose eligibility has been canceled may seek assistance from established University counseling and medical resources otherwise available to students incident to their enrollment at University at Buffalo. Such services will not be initiated or supervised by the Athletic Department, since the student's affiliation with the athletic programs of the institution will have been ended.

7. PROCEDURES FOR IMPOSING SERIOUS SANCTIONS
   1. Sections 5 and 6 of this policy provide notice of circumstances under which suspension or cancellation of eligibility to participate in intercollegiate athletic activities may be imposed. Such sanctions may be imposed only in accordance with the procedures here prescribed.
   2. Written notice. Before any suspension or cancellation of eligibility is imposed, the student will be given written notice by the Athletic Director (or his/her designee) of the intention to suspend or cancel eligibility, of the reasons for the proposed action, and of the right of the affected student to request a hearing on the proposed sanction before it is imposed; provided, that if the proposed sanction is based on a preliminary determination of improper drug use that may threaten the health of the athlete or of other participants in athletics, athletic participation (training, practice, or competition) shall be discontinued immediately, pending a medical determination as to the fitness of the athlete to resume participation in athletic activities; this determination, designed to protect the health of students, shall be made as promptly as possible; information supplied by the student to medical personnel incident to making such a determination shall not be admissible in any institutional disciplinary process and shall be treated as confidential, within the context of the doctor-patient relationship.
   3. Request for hearing or waiver of hearing. A student may obtain a hearing by addressing a request in writing to the Athletic Director (or his/her designee) within three calendar days after receiving the written notice referred to in paragraph 7a above. However, following receipt of written notice, the student may signify in writing his or her intention not to request a hearing, and the proposed sanctions may be imposed immediately, without recourse to any institutional grievance or appeals process.

   Hearing.

   Hearing committee
   If an affected student requests a hearing, it shall be afforded before a standing committee consisting of three persons appointed by the Athletic Director. No employee of the Athletic Department shall be eligible to serve on such a committee.

   Conduct of hearing
   The hearing shall be convened promptly, and every effort will be made to hear the case within five days. However, the Athletic Director shall have the authority to reasonably extend this period should the committee be unavailable to hear the case. The hearing shall be conducted in private and only the members of the committee, the affected student and a person of his or her choice (not an attorney), and the Athletic Director (or his/her designee) and a person of his/her choice may attend. No other individuals will be present with the exception of witnesses who are present to give testimony. The Athletic Director, or his/her designee, shall present evidence in support of the proposed suspension or cancellation. The affected student, accompanied by a person of his or her choice, may be present to hear and review all evidence presented in support of the proposed sanction, to challenge such evidence, and to present other evidence in his or her own defense. After hearing all such evidence as it deems relevant, the committee shall deliberate in private for the purpose of making findings of fact. The findings and conclusions shall be based exclusively on information supplied at the hearing. Within three days after it concludes its inquiry, the committee shall report its conclusions concerning the facts of the suspension and/or cancellation of eligibility, as well as any recommendations concerning the severity of the sanctions proposed to the Athletic Director. The decision of the hearing committee will be considered final.

8. CONFIDENTIALITY OF INFORMATION CONCERNING DRUG USE

   Any information concerning a student's alleged or confirmed improper use of drugs, solicited or received pursuant to implementation of this program, shall be restricted to institutional personnel and to parents of minors or dependent students. No other release of such information will be made without the student's written consent, unless in response to appropriate judicial process.

   The institution cannot guarantee that law enforcement or prosecutorial authorities will not gain access to information in the possession of the institution, since a valid subpoena or other enabling court order might be issued to compel disclosure; the institution, however, will not voluntarily disclose such information in the absence of a court order.

9. IMPROPER PROVISION OF DRUGS BY INSTITUTIONAL PERSONNEL

   No officer, employee, or agent of University at Buffalo may supply to any student athlete any performance enhancing agent, including dietary supplements, that may endanger an athlete or affect athletic ability or performance, or otherwise encourage or induce any student improperly to use drugs, except as specific drugs may be prescribed by qualified medical personnel for the treatment of individual students.

   Any person who has information about a possible violation of this prohibition should report such information promptly to the Athletic Director, who shall have authority to investigate the allegation and to report the results of any investigation to the President, for appropriate disciplinary proceedings against anyone who is charged with having violated this prohibition.