(506B) Student-Athletes: Drug Awareness & Testing Policy

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Updated 10/14/19

DRUG AWARENESS AND TESTING POLICY

Kansas Athletics strongly believes that the use and abuse of illegal and/or banned drugs:
A.  Is detrimental to the health (physical & psychological) of a student-athlete;
B. Interferes negatively with the academic performance of a student-athlete;
C. Is dangerous to the life and health of the student-athlete and his/her teammates during athletic competition and practice; and
D. 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 education, 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

  1. Education – To educate University of Kansas student-athletes about the problems associated with drug use and abuse.
  2. 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.
  3. Detection of Abuse – To detect student-athletes who may be involved in substance abuse and to ensure that athletic competition is unimpaired by illegal or banned drugs.
  4. 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.
  5. Discourage and Deter Drug Use – To discourage and deter the use of illegal and banned drugs by imposing sanctions on offenders


II.      Education and Prevention Program

  1. Objective – To provide educational guidance to the student-athlete regarding the physical, mental, and legal consequences of illegal drug use.
  2. Program – Educational programs may 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.
  3. Compliance – The Compliance Office and the Department of Sports Medicine shall meet with each team at the beginning of each academic year and at the    end of the year to discuss the drug testing program, requirements, penalties, and       expectations.  In addition, Compliance will send out educational materials with compliance tips and updates, including information relating to substance abuse.

III.      General Policies

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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, except as part of the Preliminary Medical Screening and/or under the Voluntary Disclosure Program as set forth below, shall be counted as a positive result under this policy.
  6. If a student-athlete, as part of his/her treatment plan, is required to receive counseling, he/she 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 or an appeals process.  Failure to report for counseling could 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 and failure to meet the conditions of his/her performance contract, in addition to being charged for the cost of the missed session, if applicable.
  7. Conviction of a student-athlete for sale of drug shall result in automatic dismissal from his/her team and the recommendation of loss of all athletically related financial aid.
  8. 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.
  9. The Drug Testing Appeals 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 Associate Athletics Director/Student Life, the Head Team Physician, a KU (Lawrence campus) faculty member, (e.g., the Faculty Athletics Representative), and the Senior Associate Athletics Director/SWA. The Senior Associate Athletics Director/SWA shall ensure that any appeals to this Committee are conducted pursuant to this policy.
  10. 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.
  11. 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.

IV. Drug Testing Program
The Head Coach, the Compliance Office, the Associate Athletics Director/Student Athlete Wellness and Leadership, 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.

A.  Preliminary Medical Screening Program
During a student-athlete’s initial academic year on campus, a preliminary medical screening (baseline) will be conducted to test for the use of banned substances.  Baseline test results, if positive, will be for assessment and informational use by the Head Team Physician.  The Head Coach will be notified of the results, if positive; however, there will be no sanctions imposed either by this Policy or the Coach, even if the student-athlete’s team rules provide sanctions for positive test results.  Rather, this baseline test shall serve as an identifier of a student-athlete who may need counseling or other medical treatment and will not initiate any sanctions.

B.  Mandatory Drug Testing Program

  1. 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 Director of Sports Medicine 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.
  2. All student-athletes shall be tested periodically (including testing required by Kansas Athletics, NCAA, and/or Big 12) during their career at KU.

C. 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:”

  1. Direct observation of drug use by a reliable source;
  2. Direct observation by coaches, athletic trainers, or team physicians of physical and mental deficiency, medical symptoms of drug use, aberrant conduct or unexplained absenteeism;
  3. 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);
  4. Police, court, or other reliable source determination that the student-athlete has used or possessed prohibited drugs;
  5. 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.

D. Voluntary Disclosure Drug Testing Program
To assist in the treatment and rehabilitation of student-athletes so that they may safely and fully participate in academics and athletics, Kansas Athletics encourages voluntary admission of prohibited drug use.  As such, Kansas Athletics has a Voluntary Disclosure Drug Testing Program through which a student-athlete may volunteer for evaluation, testing, and counseling. To enter the Voluntary Disclosure Program, a student-athlete must disclose use of a prohibited substance to the Head Team Physician.  A student-athlete shall not be eligible for the Voluntary Disclosure Program in the following instances:

  • After  the student-athlete is notified of his/her selection for drug testing; or
  • Thirty (30) days prior to any NCAA or Big 12 Conference postseason competition; or
  • If a student-athlete has previously entered him/herself into the Voluntary Disclosure Program; or
  • If a student-athlete has previously tested positive under this Kansas Athletics drug testing policy.

After a student-athlete requests entry into this program, the Head Team Physician will arrange for a chemical dependency evaluation.  This assessment information will be used to develop an appropriate treatment plan for the student-athlete. As part of the treatment plan, counseling sessions may be set up with an outside provider.  The treatment plan will include drug testing. If the initial test upon entering this Voluntary Disclosure Program is positive for banned drug(s), the positive test shall not result in any administrative sanction except under this section.  The Head Team Physician may remove the student-athlete from competition or practice if medically necessary as part of the treatment plan.  The student-athlete will be permitted to remain in the voluntary disclosure program for a reasonable period of time, as determined by the treatment plan.  While in compliance with the treatment plan, the student-athlete shall not be tested under the Kansas Athletics Drug Testing Program.  However, the student-athlete may be selected by the NCAA and/or Big 12 for drug testing and if the student-athlete tests positive he/she shall be subject to any NCAA or Big 12 sanctions, if applicable.

Failure to comply with the Voluntary Disclosure Program treatment plan or evidence of new substance abuse (as determined by follow-up testing) shall result in a positive test result and the student-athlete shall be subject to sanctions for a positive test result.  Any positive test result will result in the student-athlete being assessed a positive test result and he/she shall then be subject to the actions/sanctions indicated in this program. 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:

  1. Stimulants
  2. Anabolic Agents
  3. Alcohol and Beta Blockers (banned for rifle only)
  4. Diuretics and Other Masking Agents
  5. Street Drugs
  6. Peptide Hormones and Analogues
  7. Anti-estrogens
  8. Beta-2 Agonists
  9. Opioids

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 of Testing
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

  1. 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. Drug Testing and Transgender Athletes: Confidentiality shall be maintained when clarifying an athlete’s gender transition status.   Private, gender-neutral bathroom facilities are used for all drug testing.    The transgender student-athlete shall have the opportunity to request a drug testing validator in accordance with their gender identity.
  4. Chain of custody in specimen collection, preparation and handling shall be followed as prescribed by the testing agency to ensure accurate and confidential results. 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.”
  5. 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 1.005 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.
  6. 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 Head Team Physician 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.
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 NCAA.   Student-athletes with positive test results shall be notified as soon as possible by the Head Team Physician.
F.   Notification – Positive test results shall be reported to the following individuals: the student-athlete, Sport Supervisor, Head Coach, Director of Sports Medicine, Physician Assistant, Senior Associate Athletics Director/Compliance, Head Team Physician, Kansas Athletics trainer assigned to that sport, Senior Associate Athletics Director/SWA, Associate Athletics Director/Student Athlete Wellness and Leadership, Associate Athletics Director/Student Life and counseling or rehabilitation program personnel. The Head Coach has the option of notifying the student-athlete’s parent(s), legal guardian(s), and/or spouse.

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 after August 1, 2014 for a “street drug” as defined   on the list of NCAA banned drugs found in Bylaw 31.2.3.4, the student-athlete shall be charged with the loss of competition during a minimum of 50 percent of a season (at least the first 50 percent of all contests or dates of competition in the season following the positive test).  A positive test result for any other banned drug shall result in the student-athlete being 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 a “street drug”, 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, unless otherwise provided in the Voluntary Disclosure Program section of this Policy.

IX. Kansas Athletics Actions/Sanctions

The following consequences/sanctions have been established by Kansas Athletics for a Positive Drug Test.  If a student-athlete tests positive on a drug test administered by Kansas Athletics, he/she shall be subject to the consequences/sanctions specified in this policy.

Note: Each student-athlete’s situation shall be viewed independently due to the potentially serious nature of the student-athlete’s substance abuse, the best interest of his/her mental health, the safety of other student-athletes, and/or the integrity of the sport program. Flexibility and discretion may be used in developing a particular performance contract.

There are two separate tracks for positive test result consequences: one for a positive test for marijuana and a second track for all other positive test results, including any street drug (other than marijuana) and/or a banned performance enhancing drug.

A.  TRACK ONE – Positive test for marijuana

FIRST-TIME POSITIVE FOR MARIJUANA

  1. The student-athlete will be placed on probation and subject to the conditions set forth below.
  2. The Head Team Physician will arrange for a chemical dependency evaluation of the student-athlete.  This assessment information will be used by the Head Team Physician to develop an appropriate treatment plan for the student-athlete. Counseling sessions may be set up with an outside provider who shall not be the chemical dependency evaluator.
  3. A case management team will be assigned to the student-athlete to develop a performance contract for the student-athlete and will monitor his/her progress or lack thereof in meeting the expectations of the contract which will include the probationary term.  This team will consist of the Head Team Physician, the Head Coach or designee, and a department administrator (e.g. Sport Supervisor from a team other than the student-athlete’s).  As part of the performance contract, the student-athlete will be required to attend Protect Your Talent (PYT) sessions, as determined by the Associate Athletics Director for Student-Athlete Wellness and Leadership.
  4. The performance contract will specify expectations of behavior, including the expectations set forth in the aforementioned treatment plan (e.g. attendance and engagement in counseling sessions, participation in leadership/PYT sessions, etc.).
  5. The student-athlete will not automatically be placed into a departmental follow-up testing pool but will be subject to any testing recommended by the treatment counselor.
  6. At the conclusion of a successful completion of the performance contract, as determined by the case management team, the student-athlete will be subject to a random drug test to confirm his/her compliance with the drug testing program.  The test result must indicate a level below the NCAA cut-off level for a positive test.
  7. If the student-athlete does not successfully complete the performance contract, as determined by the case management team, or if he/she has a positive test as part of confirming compliance with the drug testing program, the student-athlete will be deemed to have a “second positive” and shall therefore be subject to the consequences as set forth below.
  8. Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further consequences/sanctions.

SECOND-TIME POSITIVE FOR MARIJUANA

  1. The consequences for a second time positive test for marijuana are probation, an appropriate treatment plan, development of a performance contract, and monitoring by the case management team.
  2. The student-athlete will be suspended for one (1) contest beginning with the first available outside competition (pre-season or regular season) after the Head Team Physician receives the test results and has informed the student-athlete of the results.
  3. At the conclusion of a successful completion of the performance contract, as determined by the case management team, the student-athlete will be notified that he/she will be subject to a random drug test to confirm his/her compliance with the drug testing program.  The test result must indicate a level below the NCAA cut-off level for a positive test.
  4. If the student-athlete does not successfully complete the performance contract, as determined by the case management team, or if he/she has a positive test as part of confirming compliance with the drug testing program, the student-athlete will be deemed to have a “third positive” and shall be subject to the consequences as set forth below.
  5. Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further consequences/sanctions.

THIRD-TIME POSITIVE FOR MARIJUANA

  1. The consequences for a third time positive test for marijuana are probation, an appropriate treatment plan, development of a performance contract, and monitoring by the case management team.
  2. The student-athlete will be suspended for a minimum of 10% of the contests scheduled or two (2) contests, whichever is less, beginning with the first available outside competition (pre-season or regular season) after the Head Team Physician receives the test results and has informed the student-athlete of the results.
  3. The case management team will continue to monitor the progress that is made in meeting the expectations of the performance contract.
  4. At the conclusion of a successful completion of the performance contract, as determined by the case management team, the student-athlete will be subject to increased testing frequency and any testing recommendations of the treatment counselor.
  5. If the student-athlete does not successfully complete the performance contract, as determined by the case management team, or if he/she has a positive test as part of confirming compliance with the drug testing program, the student-athlete shall be deemed to have a “fourth positive” and shall be subject to the consequences as set forth below.
  6. Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further consequences/sanctions.

FOURTH-TIME POSITIVE FOR MARIJUANA

  1. The Head Team Physician, with input from the student-athlete’s treatment counselor, will develop a specific rehabilitation program for the student-athlete (which may include inpatient counseling at the student-athlete’s expense).
  2. The case management team will monitor the progress that is made in meeting the goals of the rehab program.
  3. The student-athlete will be suspended for a minimum of 25% (or six (6) contests, whichever is less,) of the contests scheduled, beginning with the first available outside (pre-season or regular season) competition after the Head Team Physician receives the test results and has informed the student-athlete of the results.
  4. At the conclusion of a successful completion of the rehab program, as determined by the case management team, the student-athlete will be notified that he/she will be subject to increased testing frequency and any testing recommendations of the treatment counselor.
  5. If the student-athlete does not successfully complete the rehab program, as determined by the case management team, or if he/she has a positive test, the student-athlete will be notified that he/she will be dismissed from the team and a recommendation shall be made to cancel any athletic-related financial aid.
  6. Based on team rules, the Head Coach, in consultation with the Sport Supervisor, has the discretion of adding further consequences/sanctions.

B.  TRACK TWO – Positive test for any street drug other than marijuana and/or a performance enhancing drug

FIRST-TIME POSITIVE FOR ANY STREET DRUG OTHER THAN MARIJUANA AND/OR A PERFORMANCE ENHANCING DRUG

  1. The student-athlete will be on probation and subject to the conditions set forth below.
  2. The Head Team Physician will arrange for a chemical dependency evaluation of the student-athlete.  This assessment information will be used by the Head Team Physician to develop an appropriate treatment plan for the student-athlete. Counseling sessions may be set up with an outside provider who shall not be the chemical dependency evaluator.
  3. A case management team will be assigned to the student-athlete to develop a performance contract for the student-athlete and monitor his/her progress, or lack thereof, in meeting the terms of the contract.  This team will consist of the Head Team Physician, the Head Coach or designee, and a department administrator (e.g. Sport Supervisor from a team other than the student-athlete’s).
  4. The performance contract will specify expectations of behavior, including the expectations set forth in the aforementioned treatment plan (e.g. attendance and engagement in counseling sessions).  Leadership/PYT sessions will not be part of this contract.
  5. The student-athlete will be suspended for a minimum of one (1) contest beginning with the first available outside (pre-season or regular season) competition after the Head Team Physician receives the test results and has informed the student-athlete of the results.
  6. At the conclusion of a successful completion of the performance contract, as determined by the case management team, the student-athlete will be subject to a random drug test to confirm his/her compliance with the drug testing program.  The test result must indicate a negative test for any banned substance.
  7. If the student-athlete does not successfully complete the performance contract, as determined by the case management team, or if he/she has a positive test for any banned substance as part of confirming compliance with the drug testing program, the student-athlete will be deemed to have a “second positive” and shall be subject to the consequences as set forth below.
  8. Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further consequences/sanctions.

SECOND-TIME POSITIVE FOR ANY STREET DRUG OTHER THAN MARIJUANA AND/OR A PERFORMANCE ENHANCING DRUG

  1. A performance contract will be developed that specifies the expectations of behavior, (attendance and engagement in counseling sessions).  Leadership/PYT sessions will not be part of this contract.
  2. The case management team will continue to monitor the progress that is made in meeting the terms of the student-athlete’s performance contract.
  3. The student-athlete will be suspended for a minimum of 25% (or six (6) contests, whichever is less,) of contests beginning with the first available outside (pre-season or regular season) competition after the Head Team Physician receives the test results and has informed the student-athlete of the results.
  4. At the conclusion of a successful completion of the performance contract, as determined by the case management team, the student-athlete will be notified that he/she will be subject to a random drug test to confirm their compliance with the drug testing program.  The test result must indicate a negative test for any banned substance.
  5. If the student-athlete does not successfully complete the performance contract, as   determined by the case management team, or he/she has a positive test for any banned substance as part of confirming compliance with the drug testing program, the student-athlete will be  deemed to have a “third positive” and shall be subject to the consequences as set forth below.
  6. Based on team rules, the Head Coach, in consultation with the Sports Supervisor, has the discretion of adding further consequences/sanctions.

THIRD-TIME POSITIVE FOR ANY STREET DRUG OTHER THAN MARIJUANA AND/OR A PERFORMANCE ENHANCING DRUG

For a third positive test for any street drug other than marijuana and/or a performance enhancing drug, the student-athlete will be dismissed from the team and a recommendation shall be made to cancel any athletic-related financial aid.

X.        Appellate Process

  1. 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.
  2. Only student-athletes who are subject to sanctions imposed by this policy for a second, third or fourth positive test for a Track One banned substance (marijuana) or for a second or third positive test for a Track Two banned substance (any street drug other than marijuana and/or a performance enhancing drug) may request an appeal of the sanctions.   Appeals to avoid the sanctions of this policy will be given consideration by the Drug Testing Appeals Committee, in its sole discretion, only if there is a basis for the appeal or for unique circumstances.
  3. 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.
  4. Any suspensions from competition for a positive test result shall be stayed until the conclusion of the appeals process, unless at the discretion of the Head Coach a determination is made that the suspensions would be in the best interests of the program.
  5. 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 Appeals Committee, chaired by the Senior Associate Athletics Director/SWA.  Should any member of the Drug Testing Appeals 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.
  6. 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 advisor is an attorney, the Corporate Counsel will be notified.  If the student-athlete wants to submit materials in support of the appeal, such materials must be submitted to the Drug Testing Appeals 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 Appeals Committee is authorized to take such action as is reasonable to accommodate such a request.  The Drug Testing Appeals 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 Appeals Committee shall have the authority to modify any sanction based on its evaluation of the evidence and/or to hold any sanction in abeyance.
  7. The Drug Testing Appeals Committee shall render a decision on the appeal.  This decision shall be deemed final and not subject to appeal by any party.
  8. Should the student-athlete appeal successfully a positive test result, further testing shall be considered at the discretion of the Head Team Physician. Should the appeal be unsuccessful, the sanctions imposed by this policy shall be applied immediately upon written notification to the student-athlete.

APPENDIX I

NCAA BANNED DRUGS
It is the student-athlete’s responsibility to check with his/her Kansas Athletics Trainer, the Sport Nutritionist, or the Head Team Physician before using any substance

The NCAA bans the following classes of drugs:
a. Stimulants
b. Anabolic Agents
c. Alcohol and Beta Blockers (banned for rifle only)
d. Diuretics and Other Masking Agents
e. Street Drugs
f. Peptide Hormones and Analogues
g. Anti-estrogens
h. Beta-2 Agonists
Note: Any substance chemically related to these classes is also banned.
The student-athlete shall be held accountable for all drugs within the banned drug class regardless of whether they have been specifically identified.

Drugs and Procedures Subject to Restrictions:
a. Blood Doping.
b. Local Anesthetics (under some conditions).
c. Manipulation of Urine Samples.
d. Beta-2 Agonists permitted only by prescription and inhalation.
e. Caffeine if concentrations in urine exceed 15 micrograms/ml.

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. 

  • Dietary supplements are not well regulated and may cause a positive drug test result.
  • Student-athletes have tested positive and lost their eligibility using dietary supplements.
  • Many dietary supplements are contaminated with banned drugs not listed on the label.
  • Any product containing a dietary supplement ingredient is taken at your own risk.

Some Examples of NCAA Banned Substances in Each Drug Class
Stimulants: amphetamine (Adderall); caffeine (guarana); cocaine; ephedrine; fenfluramine (Fen); methamphetamine; methylphenidate (Ritalin); phentermine (Phen); synephrine (bitter orange); methylhexaneamine, “bath salts” (mephedrone) 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; chlorothiazide; furosemide; hydrochlorothiazide; probenecid; spironolactone (canrenone); triameterene; trichlormethiazide; etc.
Street Drugs: heroin; marijuana; tetrahydrocannabinol (THC); synthetic cannabinoids (eg. spice, K2, JWH-018, JWH-073)
Peptide Hormones and Analogues: growth hormone(hGH); human chorionic gonadotropin (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.

Any substance that is chemically related to the class, even if it is not listed as an example, is also banned!