Will You Pass the Test NCAA Drug Testing and Drug Education Specifics

1. Will You Pass the Test?NCAA Drug Testing and Drug Education Specifics Andrea S. Wickerham, J.D. Legal Relations and Policy Director The National Center for Drug Free Sport, Inc.

2. Today’s Topics The National Center for Drug Free Sport, Inc. Institution’s Responsibilities NCAA Year-Round Drug Testing Appeals, Medical Exceptions & Reinstatement New Legislation for 2005-2006 Banned substances vs. Impermissible to provide

3. Andrea S. WickerhamLegal Relations & Policy Director B.A. Ursinus College (PA.) M.A. University of Iowa J.D. University of Missouri – Kansas City Division I Assistant Coach Division I Assistant Athletic Director Division III Head Coach Division III Director of Athletics

4. The National Center for Drug Free Sport, Inc. Administrator of NCAA drug testing programs Year-round & Championships Consultant to CSMAS Administer NCAA drug test appeals process Over 150 institutional & conference drug-testing clients Policy writing Drug education services

5. The National Center for Drug Free Sport, Inc. NCAA member schools NFL and MLB REC Hotline: 877/202-0769 Info@drugfreesport.com www.drugfreesport.com/rec Confidential resource

6. Member Institution Responsibilities Drug Education – Bylaw 30.5 Student-Athlete Statement Drug Testing Consent Form Separate from institutional drug-testing program

7. NCAA Year-Round Drug Testing:Resources for Information Read NCAA Drug-Testing Program booklet Watch NCAA drug testing video Student-Athlete Statement Drug Testing Consent Form Banned Drug Classes List NCAA Education Services Staff

8. How Are Schools Selected? Division I – at least once each year Division II – at least once each year if you sponsor football Division II – at least once every two years if you don’t sponsor football Division III – subject to testing if you sponsor a Division I sport(s)

9. What Sports Are Selected? How Many Athletes From Each? Division I *Football (18) *1 other sport (8) OR *2 other sports (4)

10. Drug-Testing Notification Day: How Does It Work? AD (or designee), SC and 1 other receive an email or fax from DFS No earlier than 2 days before the day of testing Could be less than 2 days before the day of testing

11. Selection of Student-Athletes for Drug Testing Send NCAA Squad List to DFS DFS will select student-athletes for testing School receives Drug Testing Roster from DFS via www.ncdfs.com Review Drug Testing Roster for accuracy before notifying student-athletes

12. Notification of Student-Athletes Selected for Drug Testing Student-Athlete Notification Form for each student-athlete Notify each student-athlete Must be in-person or by direct telephone communication No voice mail messages No emails Date, time & location Have student-athlete read and sign Tell student-athlete to bring photo ID Remind student-athlete to refrain from using bathroom before testing Be on time

13. NCAA Drug Test Appeals Section 8.0 of Drug-Testing Program booklet Inform the student-athlete of the right to appeal Institution shall appeal if the student-athlete wants Inform DFS CSMAS hears appeals Conference call Confidential Sanction is harsh

14. NCAA Drug Test Appeals AD or designee, student-athlete & coach must be on the call Basis of the appeal to DFS Written summary of drug education program to DFS Bylaw 10.1 Unethical conduct – obligation to provide relevant information & to tell the truth Student-athlete is not eligible during process

15. NCAA Medical Exceptions Bylaw 31.2.3.2 Stimulants, diuretics, beta blockers Peptide hormones need up-front approval NOT for anabolic steroids Documented medical history Demonstrates need for regular use School must be aware

16. NCAA Medical Exceptions Positive drug test result Submit medical documentation to DFS Letter from prescribing physician Diagnosis, prescribed drug, amount, how often Copy of most recent refill or prescription Evidence that institution had knowledge Be sure it is current information Info is submitted to team physicians on CSMAS Student-athlete remains eligible throughout process

17. NCAA Reinstatement Process Bylaw 18.4.1.5.1 Institution contacts DFS to schedule an NCAA “exit drug test” Timing of the exit test 1 year sanction = no sooner than 11th month 50% sanction = DFS will determine Must test negative Bylaw 14.12 Restoration of Eligibility Institution must submit a written request NCAA student-athlete reinstatement staff

18. New Legislation for 2005-2006 Institutional responsibility Breach of drug testing protocol Reduced sanction Sanction by outside NGB

19. New Legislation for 2005-2006 Institutional Responsibility Bylaw 30.5 has expanded Insure compliance with drug testing program Calendars, squad lists, notifications, etc… Violations under Bylaw 2.8.1 Breach of Drug Testing Protocol Missing a test, being late, tampering, adulterating, diluting, etc.. Counts as a positive test Counts as a steroid positive Shows bad intent

20. New Legislation for 2005-2006 Reduced sanction Maximum = 1 calendar year and lose a season of competition CSMAS may reduce penalty to next 50% In all sports Athlete must show “no significant fault” Sanction by outside NGB Bylaw 18.4.1.5.3 National & international doping suspension By a sports governing body WADA Code Shall not compete in NCAA competition for the period of the suspension

21. Illegal vs. Banned vs. Impermissible Illegal/legal means you are dealing with the law or law enforcement (e.g. marijuana) Banned/not banned means you are dealing with sports drug testing (e.g. NCAA, USADA) Impermissible/permissible means you are identifying benefits (what Alabama may provide to student-athletes)

22. Banned Substances vs. Impermissible to Provide Banned Substances *Bylaw 31.2.3.4 *Banned drug classes list *Related compounds *Not an exhaustive “list” *Includes illegal drugs

23. NCAA Banned Drug Classes Stimulants Anabolic agents Diuretics Street drugs Peptide hormones Substances banned for specific sports

24. Impermissible to Provide Impermissible to Provide *Bylaw 16.5.2 (g) (DI) Intent of Legislation *Increased distribution by schools (provided unfair advantage) *Performance-enhancing *Potentially harmful to athletes *Potentially putting athletes at risk *Replace calories and fluids which were lost during practice and competition

25. What Is Permissible to Provide? The Product Must Be: Nonmuscle-building Permissible Nonmuscle- building are: Carbohydrate or electrolyte drinks Energy bars Carbohydrate boosters Vitamins and minerals

26. Dietary Supplements US Dietary Supplement Health and Education Act of 1994 Puts burden onto FDA to prove that a nutritional supplement is harmful before it can regulate its sale.

27. Dietary Supplements Dietary supplements do not need to be proven effective Dietary supplements do not need to be proven safe Lack standards on potency and purity

28. Mixed Messages to Student-Athletes

29. Applying Bylaw 16.5.2.(g) Is the product one of the four categories? Review the ingredients for any banned substances Does the product contain any impermissible ingredients? Determine if the product has more than 30% calories from protein

30. Applying Bylaw 16.5.2.(g) Is the product one of the four categories? Is it a carbohydrate or electrolyte drink? Is it an energy bar? Is it a carbohydrate booster? Is it a vitamin or mineral?

31. Applying Bylaw 16.5.2.(g) Review the ingredients for any banned substance Look at NCAA Banned-Drug Classes Stimulants, anabolic agents, diuretics, street drugs, peptide hormones or any banned by specific sport “and related compounds”

32. Applying Bylaw 16.5.2.(g) Does the product contain any impermissible ingredients?

33. Impermissible Ingredients(not an exhaustive list) Amino acids (free form) Chrysin Creatine Ginkgo Biloba Ginseng Green tea Protein powders Tribulus Yohimbe

34. What Are Free Form Amino Acids? L-glutamine L-leucine L-isoleucine L-methionine L-phenylalanine L-arginine L-valine Not an exhaustive list

35. Applying Bylaw 16.5.2.(g) Determine if the product has more than 30% calories from protein Multiply protein grams by 4 (1 gram of protein = 4 calories) Divide that by the total calories in the product

36. Still Not Sure? Compliance Director NCAA membership services staff Full written product-ingredient info Review yearly (reformulation?) Don’t send manufacturer to NCAA Don’t rely on manufacturer saying “NCAA Approved”

37. Another Warning An institution or an institutional staff member may not sell or arrange the sale of muscle-building supplements to student-athletes

38. Questions? www.ncaa.org/health-safety Info@drugfreesport.com REC Hotline: 877/202-0769 www.drugfreesport.com/rec Drug Free Sport: 816/474-8655

39. Thank You and Good Luck!!