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Today's Topics. The National Center for Drug Free Sport, Inc.Institution's ResponsibilitiesNCAA Year-Round Drug TestingAppeals, Medical Exceptions
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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!!