April 12, 2005

STUDENT ATHLETE (506B)

Updated 1/13

DRUG AWARENESS AND TESTING POLICY

Kansas Athletics strongly believes that the use and abuse of illegal and/or banned drugs:

Is detrimental to the health (physical & psychological) of a student-athlete;
Interferes negatively with the academic performance of a student-athlete;
Is dangerous to the life and health of the student-athlete and his/her teammates during athletic competition and practice; and
Compromises the integrity and spirit of intercollegiate athletics competition.

Thus, Kansas Athletics has made it a policy that the use and abuse of illegal and/or banned drugs will not be tolerated. Kansas Athletics recognizes the addictive results of illicit drug use and as provided in this policy will encourage treatment and rehabilitation for any student-athlete involved in the drug testing program. The health and performance of our athletes are among our primary concerns.

I. Purpose of the Policy and Program

Education – To educate University of Kansas student-athletes about the problems associated with drug use and abuse.
Promote Health and Safety of Student-Athlete Participation – To provide reasonable safeguards assuring that every student-athlete is able to safely and fully participate in athletics competition unimpaired by the use of illegal or banned drugs.
Discourage and Deter Drug Use – To discourage and deter the use of drugs by imposing sanctions on offenders.
Detection of Abuse – To detect student-athletes who may be involved in substance abuse and to insure that athletic competition is unimpaired by illegal or banned drugs.
Treatment and Rehabilitation – To assist in the treatment and rehabilitation of a student-athlete who tests positive for drug use as part of this program, so that the student-athlete may safely and fully participate in academics and athletics and to reduce personal, family and social disruption.

II. Education and Prevention Program

Objective – To provide educational guidance to the student-athlete regarding the physical, mental, and legal consequences of illegal drug use.
Program – Educational programs shall be arranged throughout the academic year. In drug education programs, student-athletes are educated about the consequences and problems associated with alcohol, legal, and illegal drug use. These programs will be announced to student-athletes as they are scheduled, and attendance of student-athletes shall be mandatory.
Compliance-The Compliance Office, along with the Department of Sports Medicine and the Assistant Athletics Director/Student Athlete Development and Leadership Training, shall meet with each team at the beginning of the academic year and at the end of the year to discuss the drug testing program, requirements, penalties, and expectations. In addition, Compliance sends out an online newsletter with compliance tips and updates, including information relating to substance abuse.

III. General Policies

Student-athletes shall be subject to this Drug Awareness and Testing Policy when the student-athlete reports to the university academic/athletic program and continues for the remainder of his/her athletic career. In the event a student-athlete no longer participates in athletically related activities (i.e., practice, competition or other team functions) but continues to receive athletically related financial aid from Kansas Athletics, the student-athlete may continue to be subject to this policy as long as he/she receives the financial aid.
If a student-athlete fails to report for drug testing within the allotted time after notification, the failure to appear shall be considered a positive test. A physician’s note is required if the student-athlete is too ill to report for testing.
If a student-athlete reports to the testing site and subsequently leaves the site without permission from the drug testing administrator, he/she shall be considered to have a positive test.
If a student-athlete is observed altering or tampering with a specimen, substituting another urine sample, or otherwise affecting the validity of the test, it will be considered a positive test.
All tests results ordered, received, and opened by the Director of Sports Medicine or the Head Team Physician, even those not conducted as part of the regular Kansas Athletics Drug Awareness and Testing Policy, shall be considered a test under this policy. Any positive results from any tests ordered, received and opened pursuant to this paragraph shall be counted as a positive result under this policy.
A student-athlete who is required to receive counseling will receive notification of the counseling appointment. The first counseling session, whenever possible, should occur no later than 3 weeks after notification of the positive test, unless prohibited by a break in the academic calendar. Should counseling be scheduled with a non-Athletics department counselor, failure to report for counseling will result in the student-athlete being charged for the cost of the counseling session. [Note: Once an appointment has been scheduled, non-Athletics department counseling personnel will charge Kansas Athletics for the session even if the student-athlete fails to appear]. Should a student-athlete miss counseling sessions, he/she may be subject to sanctions for violating team rules, in addition to being charged for the cost of the missed session, if applicable.
Conviction of a student-athlete for sale, purchase, transfer or possession of drug charges shall result in automatic dismissal from his/her team and the recommendation of loss of all athletically related financial aid.
A student-athlete testing positive shall be subject to testing to determine continued use or non-use. A drug(s) metabolite level that is the same or increased from the most recent test indicates usage and therefore a subsequent positive offense will be imposed. A decrease in drug(s) metabolite from the most recent test will not be considered a positive test.
The Drug Testing Committee shall be chaired by the Senior Associate Athletics Director/SWA. The Committee shall be appointed at the discretion of the Director of Athletics and shall consist of the Director of Sports Medicine, the Special Assistant to the Athletics Director, the Associate Athletics Director for Compliance, the Head Team Physician, a KU (Lawrence campus) faculty member, (e.g., the Faculty Athletics Representative), the Senior Associate Athletics Director/SWA, and a University Administrator. The Senior Associate Athletics Director/SWA shall ensure that any appeals to this Committee are conducted pursuant to this policy.
All drug testing results will be returned to the Director of Sports Medicine or the Head Team Physician. The Director of Sports Medicine shall serve as the Kansas Athletics drug testing site coordinator.
The Director of Athletics may be apprised of all aspects of this Drug Awareness and Testing Program.
This policy and its administration/operation are subject to change or modification at any time. However, any change or modification will be implemented only by action of the Athletics Director (or designee) and will not be applied retroactively if it would adversely affect a student-athlete’s rights. The transition of student-athletes when this policy is modified will be determined by the Drug Testing Committee in a manner that will not adversely affect the student athlete’s rights. Student athletes who have had positive test results under a prior policy will be individually notified in writing of their status under any new policy changes.

IV. Drug Testing Program

The Head Coach, the Compliance Office, the Assistant Athletics Director/Student Athlete Development and Leadership Training, and the Sports Medicine Department shall inform and educate the student-athletes about the drug testing program. Information concerning the program and a consent form associated with the program shall be provided to every student-athlete prior to his/her first drug test. Student-athlete is defined as any student-athlete who is certified eligible to participate in practice and/or competition in intercollegiate athletics and student-athletes who are receiving financial aid from Kansas Athletics, whether or not they have exhausted eligibility.

Each student-athlete at Kansas Athletics shall be subject to testing as described in this policy. The drug testing program shall be conducted by a medical laboratory agency and the Director of Sports Medicine shall be the primary contact.

Mandatory Drug Testing Program

All new (freshmen and transfer) student athletes will be tested (within a reasonable amount of time) upon arrival on campus. All teams qualifying for post-season competition are eligible for testing prior to that competition.
All student-athletes shall be subject to unannounced, random tests during the course of the year. The Head Team Physician shall determine a number of student-athletes on selected teams that shall be subject to testing. The Head Team Physician shall provide the Compliance Office with the names of the student-athletes that are randomly selected for testing. The Head Team Physician shall determine the number of random tests that occur each year.
All student-athletes shall be tested twice (including testing required by Kansas Athletics, NCAA, and/or Big 12) during their career at KU.

Testing Program Based on Reasonable Suspicion

Information provided to the Sports Medicine Department indicating a “reasonable suspicion” of drug use by student-athletes shall prompt the Head Team Physician to require student-athletes to submit to drug-testing. Reasonable suspicion shall not mean a mere “hunch” or “intuition,” but shall instead be based upon a specific event or occurrence which has led to the belief that a student-athlete has used drugs banned by this policy. Any of the following criteria shall be sufficient on its own to constitute “reasonable suspicion:”

Direct observation of drug use by a reliable informant;
Direct observation by coaches, athletic trainers, or team physicians of physical and mental deficiency, medical symptoms of drug use, aberrant conduct or unexplained absenteeism;
Common sense conclusions about observed or reliably described human behavior upon which practical people ordinarily rely (e.g., significant changes in behavioral patterns, athletic or academic performance; with regards to anabolic steroids, significant weight gain and/or unusually aggressive behavior);
Police or court determination that the student-athlete has used or possessed prohibited drugs;
A demonstrated history of use of prohibited drugs, which can include either prior legal convictions or prior positive tests for prohibited drugs through Kansas Athletics, Big 12 Conference’s, and/or NCAA’s, or any other reliable testing program.

Voluntary Disclosure Drug Testing Program

A student-athlete who has not tested positive under this Kansas Athletics Drug Testing Program may disclose use of a prohibited substance by participating in the voluntary disclosure program. Disclosure may be made to the Head Coach, a member of the Sports Medicine Department, or the Head Team Physician. Disclosure must be made prior to the student-athlete being notified of his/her selection for testing. The Head Team Physician shall refer the student-athlete for testing and counseling and/or rehabilitation. If found positive for banned drug(s), the student-athlete shall be subject to increased frequency of testing for one (1) calendar year after forty (40) days after receipt of the initial positive documentation. Any positive test result will result in the student-athlete being assessed a first positive test result and he/she shall then be subject to the actions/sanctions indicated in this program. If there are no positive test results within the calendar year, the student-athlete will be removed from the increased frequency testing list, and will be returned to the general student-athlete testing pool. This option is available to a student-athlete on a one time basis during his/her academic/athletic career.

V. Kansas Athletics Banned Drugs

Drugs banned by Kansas Athletics and the NCAA (Appendix I) include the following:

Stimulants
Anabolic Agents
Alcohol and Beta Blockers (banned for rifle only)
Diuretics and Other Masking Agents
Street Drugs
Peptide Hormones and Analogues
Anti-estrogens
Beta-2 Agonists

This list may change during the academic year and student-athletes will be informed of any updates by the Sports Medicine Department. In addition, updates may be found on the NCAA website (www.ncaa.org).

VI. Consent Form

All student-athletes shall read and complete the form entitled, Consent and Authorization Agreement. This form must be completed before a student-athlete is allowed to practice.Failure to sign the consent form prior to practice and competition shall result in the student-athlete’s ineligibility for practice or competition. Additionally, student-athletes who receive financial aid from Kansas Athletics must sign the consent form as a condition of receipt of such aid.

VII. Methodology

A. Notification

The Compliance Office shall prepare and distribute the notification of drug testing form(s) to the appropriate head coaches. Student-athletes selected for testing shall be contacted by their head coach or his/her designee using the notification form provided by Compliance which designates the time and the site location of the testing. The notification shall occur no more than 24 hours in advance of the testing.

B. Collection and Coding

In order to enforce this drug policy, it shall be necessary to acquire a urine specimen from the student-athlete.
2. Urine voiding shall be monitored by a member of the medical laboratory agency or a designated allied health professional.
3. Chain of custody in specimen collection, preparation and handling shall be followed as prescribed by the testing agency to ensure accurate and confidential results. A document that explains the urine collection procedure will be provided to each student-athlete prior to testing (Appendix II). Prior to testing, each student-athlete will be given an opportunity to provide information concerning any medication being taken or other circumstances that might attribute to a positive test. This information will not qualify as part of the “Voluntary Disclosure Program” in section III.C.
4. All student-athletes’ samples will be tested on site for specific gravity. Any student-athlete who cannot produce a concentrated specimen (i.e., specific gravity of 1.006 or above) will be allowed to leave the lab for tutoring or class, but must return that day as soon as possible and produce a concentrated specimen.
5. Any deviation from the above testing protocol must be approved and documented by the Director of Sports Medicine or the Head Team Physician prior to the deviation.

C. Testing Techniques – The medical laboratory agency shall screen each urine sample with the enzyme multiplied immunoassay technique and then perform gas chromatography/mass spectrometry for confirmation. The screen and confirmation shall be based on levels to be determined by the drug testing program committee in consultation with the medical laboratory.

D. Results – Test results shall be returned to the Director of Sports Medicine or the Head Team Physician. Documentation indicating confirmation for drug use shall be dated by the Director of Sports Medicine or the Head Team Physician so subsequent tests can proceed after forty (40) days.

E. Positive Test – A positive test, from mandatory testing, Kansas Athletics directed testing, or the voluntary disclosure program, will be defined as one that indicates concentration levels consistent with those established by the medical laboratory agency. The positive concentration level for THC (marijuana) is greater than 15 nanograms/ml. Kansas Athletics will not be informed by the testing laboratory if the concentration level for THC is 15 nanograms/ml or less.

F. Confidentiality – Positive test results shall be reported to the following individuals: the student-athlete, Sport Supervisor, Head Coach, Director of Sports Medicine, Associate Athletics Director for Compliance, Head Team Physician, Kansas Athletics trainer assigned to that sport, Senior Associate Athletics Director/SWA, Associate Athletics Director/Administration, Assistant Athletics Director/Student Athlete Development and Leadership Training and counseling or rehabilitation program personnel. The Head Coach has the option to notify the student-athlete’s parent(s), legal guardian(s), and/or spouse. If the student-athlete submits a written appeal, the Kansas Athletics Drug Testing Committee and Corporate Counsel shall be informed.

VIII. NCAA and Big 12 Testing and Sanctions

The NCAA conducts drug testing year round on student-athletes. Should a student-athlete test positive on an NCAA test for a banned substance on the list of NCAA banned drugs found in Bylaw 31.2.3.4, the student-athlete shall be declared ineligible for postseason and regular-season competition for “one calendar year after the collection of the student-athlete’s positive drug-test specimen.” The Big 12 also conducts drug testing. Should a student-athlete test positive on a Big 12 test for performance enhancing drug use, the student-athlete will lose “eligibility … for one (1) calendar year from the date of the first positive test and the student-athlete will be charged with the loss of a season of competition in all sports.” Should a student-athlete test positive on a Big 12 test for recreational drug use, the student-athlete shall be subject to the Kansas Athletics’ drug testing sanctions as described below. A positive test result for either performance enhancing or recreational drug use on either an NCAA test or a Big 12 test will count as a positive drug test for purposes of Kansas Athletics’ drug testing sanctions.

IX. Kansas Athletics Actions/Sanctions

The following actions/sanctions represent the sanctions established by Kansas Athletics for a Positive Drug Test. If a student-athlete tests positive on a drug test administered by Kansas Athletics, the Big 12 Conference or the NCAA, he/she shall be subject to the actions/sanctions specified in this policy unless the Big 12 or NCAA test occurred within 40 days of a positive drug test administered by Kansas Athletics, in which case the rules of the NCAA or Big 12 shall control the application of the results. The Head Team Physician and the Assistant Athletics Director/Student Athlete Development and Leadership Training along with the Associate Athletics Director for Compliance shall track and monitor this sanctions portion of the Drug Testing Program. Failure to successfully complete the sanctions listed below may result in further penalties up to and including dismissal and a recommendation that the student-athlete’s athletic grant-in-aid be non-renewed.

FIRST-TIME POSITIVE

Student-athlete enters a prescribed education, counseling and rehabilitation program, including service hours, as determined by the Kansas Athletics Sports Psychologist and the Assistant Athletics Director/Student Athlete Development and Leadership Training in consultation with the Head Team Physician.
Forty (40) days after a positive test, the student-athlete is subject to increased frequency of testing for one (1) calendar year. If there are no positive tests within the next twelve months, the student athlete will be removed from the increased frequency testing list, and will be returned to the general student-athlete testing pool.
Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further actions/sanctions.

SECOND-TIME POSITIVE

Student-athlete enters a prescribed education, counseling and rehabilitation program, including service hours, as determined by the Kansas Athletics Sports Psychologist and the Assistant Athletics Director/Student-Athlete Development and Leadership Training in consultation with the Head Team Physician.
Forty (40) days after a positive test, the student-athlete is subject to increased frequency of testing for one (1) calendar year. If there are no positive tests within the next twelve months, the student athlete will be removed from the increased frequency testing list, and will be returned to the general student athlete testing pool.
Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further actions/sanctions.

THIRD-TIME POSITIVE

If the positive test occurs during the competitive season, the student-athlete is suspended from 10% of the contests scheduled or two (2) contests, whichever is less, beginning with the first available outside competition contest after the Head Team Physician receives the results. Should the student-athlete submit an appeal and the appeal is unsuccessful, the student-athlete shall be suspended from the first available outside competition contests after the appeal is denied. If the positive test occurs outside the competitive season, the student-athlete is suspended from the initial 10% of future outside competition contests scheduled or two (2) contests whichever is less.
Student-athlete enters a prescribed counseling and rehabilitation program, determined by the Kansas Athletics Sports Psychologist and the Assistant Athletics Director/Student-Athlete Development and Leadership Training in consultation with the Head Team Physician.
Forty (40) days after a positive test, the student-athlete is subject to regular and frequent testing as determined by the Head Team Physician for one (1) calendar year. This testing could be more frequent than monthly. If there are no positive tests within the next twelve months, the student athlete will be removed from the increased frequency testing list, and will be returned to the general student athlete testing pool.
Based on team rules, the head coach, in consultation with the Sports Supervisor, has the discretion of adding further actions/sanctions.

FOURTH-TIME POSITIVE

If the positive test occurs during the competitive season, the student-athlete is suspended from 25% of the contests scheduled or six (6) contests, whichever is less, beginning with the first available outside competition contest after the Head Team Physician receives the results. Should the student-athlete submit an appeal and the appeal is unsuccessful, the student-athlete shall be suspended from the first available outside competition contests after the appeal is denied. If the positive test occurs outside the competitive season, the student-athlete is suspended from the initial 25% of future outside competition contests scheduled or six (6) contests, whichever is less.
Student-athlete must successfully complete a rehabilitation program as determined by the Head Team Physician. Unsuccessful rehabilitation may include, but is not limited to, another positive test result during the remaining period of his/her athletic eligibility, failure to complete the rehabilitation program or meaningfully participate in the program, or uncooperative conduct during the rehabilitation process. An unsuccessful rehabilitation shall result in dismissal from the athletics program and a recommendation that the student-athlete’s athletic grant-in-aid be non-renewed.
Forty (40) days after a positive test, the student-athlete is subject to regular and frequent testing as determined by the Head Team Physician for the rest of his/her athletic eligibility. This testing could be more frequent than monthly.
Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further actions/sanctions.

X. Appellate Process

Student-athletes may appeal the validity of the test results. A student-athlete must notify the Director of Sports Medicine within 48 hours of his/her notification of the positive test result if he/she requests that a second sample be tested. All costs of conducting the second test shall be charged to the student-athlete.
Only student-athletes who are subject to sanctions imposed by this policy for a third or fourth positive test result may request an appeal of the sanctions. Appeals to avoid the sanctions of this policy will be given consideration by the Drug Testing Committee, in its sole discretion, only if there is a basis for the appeal or for unique circumstances.
Student-athletes have three (3) business days after receipt of written notification of a positive test result in which to notify the Director of Sports Medicine, in writing, of their request to appeal the imposition of the sanctions.
Any suspensions from competition for a third or fourth positive test result shall be stayed until the conclusion of the appeals process, unless at discretion of the Head Coach a determination is made that the suspensions would be in the best interests of the program.
An appeals hearing shall be conducted within 14 calendar days of receipt of the student-athlete’s written request to appeal. The appeal will be heard by the Drug Testing Committee, chaired by the Senior Associate Athletics Director/SWA. Should any member of the Drug Testing Committee be unavailable to serve for any reason, such as a conflict of interest or schedule conflict, the Athletics Director may appoint a replacement for that person for that particular appeal only.
The appeals process will not be adversarial. Student-athletes will receive written notice of the hearing at least forty-eight (48) hours prior to the hearing and they may appear in person and be accompanied by an advisor. Such advisor may only advise the student-athlete and will not be allowed to otherwise participate in the appeal hearing. If the student-athlete wants to submit materials in support of the appeal, such materials must be submitted to the Drug Testing Committee at least twenty-four (24) hours before the appeal hearing. Alternatively, in lieu of a personal appearance, a student athlete may present matters in writing for consideration on appeal. In the event the student-athlete requests, in writing, a more expedited appeal, the Drug Testing Committee is authorized to take such action as is reasonable to accommodate such a request. The Drug Testing Committee shall consider all written records, including the test results, notices, and the student-athlete’s written appeal and all relevant evidence presented to it, including all mitigating and aggravating circumstances. The Drug Testing Committee shall have the authority to modify any sanction based on its evaluation of the evidence and/or to hold any sanction in abeyance.
The Drug Testing Committee shall render a decision on the appeal. This decision shall be deemed final and not subject to appeal by any party.
Should the student-athlete appeal successfully a first, second, or third positive test result and his/her tests are negative for the next calendar year, further testing shall be considered at the discretion of the Drug Testing Committee. Should the appeal be unsuccessful, the sanctions imposed by this policy for a third positive shall be applied immediately upon written notification to the student-athlete.

APPENDIX I

NCAA BANNED DRUGS

1. The NCAA bans the following classes of drugs:

Stimulants
Anabolic Agents
Alcohol and Beta Blockers (banned for rifle only)
Diuretics and Other Masking Agents
Street Drugs
Peptide Hormones and Analogues
Anti-estrogens
Beta-2 Agonists

2. Examples of NCAA Banned Substances in each class:

Stimulants:
amphetamine (Adderall); caffeine (guarana); cocaine; ephedrine; fenfluramine (Fen); methamphetamine; methylphenidate (Ritalin);phentermine (Phen); synephrine (bitter orange); etc.exceptions: phenylephrine and pseudoephedrine are not banned
Anabolic Agents (sometimes listed as a chemical formula, such as 3,6,17-androstenetrione):
boldenone; clenbuterol; DHEA (7-Keto); nandrolone; stanozolol; testosterone; methasterone; androstenedione; norandrostenedione; methandienone; etiocholanolone; trenbolone; etc.
Alcohol and Beta Blockers (banned for rifle only):
alcohol; atenolol; metoprolol; nadolol; pindolol; propranolol; timolol; etc.
Diuretics (water pills) and Other Masking Agents:
bumetanide; clorothiazide; furosemide; hydrochlorothiazide; probenecid; spironolactone (canrenone); trimeterene; trichlormethiazide; etc.
Street Drugs:
heroin, marijuana; tetrahydrocannabinol (THC), synthetic cannabinoids (e.g. spice, K2, JWH-018, JWH-073)
Peptide Hormones and Analogues:
human growth hormone (hGH); human chorionic gonadotrophin (hCG); erythropoietin (EPO); etc.
Anti-Estrogens:
anastrozole; tamoxifen; formestane; 3.17-dioxo-etiochol-1,4,6-triene(ATD); etc.
Beta-2 Agonists:
bambuterol; formoterol; salbutamol; salmeterol; etc.

Note: THIS IS NOT A COMPLETE LIST. Any substance chemically related to the class, even if it is not listed as an example, is also banned. Before consuming any nutritional or dietary supplement or product, it is the responsibility of each student-athlete to check with his/her Kansas Athletics Trainer, the Sport Nutritionist, or the Head Team Physician to review the label of any product, medication, or nutritional/dietary supplement before it is consumed.

3. Drugs and Procedures Subject to Restrictions:

Blood doping
Local Anesthetics (under some conditions).
Manipulation of Urine Samples.
Beta-2 Agonists permitted only by prescription and inhalation.
Caffeine if concentrations in urine exceed 15 micrograms/ml.