ALSD DRUG AND ALCOHOL TESTING FOR STUDENT / ATHLETES

This section will outline the ALSD Drug and Alcohol Testing Policies in detail. Please print them out and read carefully.

After reading carefully, You will need to print out the forms and return them to the Austintown High School Athletic OfficeAll of the ALSD Drug / Alcohol Testing Policy related announcements and forms can be obtained by clicking the following links:

 

Statement of Purpose

 

The Board believes that interscholastic athletics can be an important aspect of a student's overall educational experience. The Board believes that the experiences gained while involved in interscholastic athletics can have lifelong impact. Student participation in interscholastic athletics, however, is a privilege and not a right.

 

The Board is certainly aware of the pressure that the youth of today face especially in the area of drugs and alcohol. It also realizes that due to the nature of athletic activities the use of drugs and/ or alcohol can lead to added risks including injury to the student athlete and others.

In an effort to make this experience as positive as possible, the Board first adopted a mandatory and random drug testing policy for all student athletes at Fitch High School effective with the 1998/ 99 school year. That policy is hereby amended to address issues that have arisen since adopting the initial policy.

The following expectations and consequences are in effect for student/ athletes and are enforced for twelve (12) months of the year. The consequences in certain situations may carry over to the next season of participation.

 

Students Tested

All students who wish to participate in the interscholastic athletic programs are subject to urine drug testing. This testing takes place at the beginning of each athletic season, fall, winter and spring. Student/athletes participating in multiple seasons within an academic year are not tested at the beginning of the successive seasons unless selected for random testing or testing based on reasonable suspicion.

Following the initial test, up to 10 percent of all student/athletes may be tested on a random selection basis. Random urine drug testing continues throughout the academic year.

Any student moving into the District or any student/athlete joining a team who was not previously tested by the district during the academic year is tested at the time they join a team.

[Adoption date:]

LEGAL REF: ORC 3313.20

CROSS REFS: IGD, Cocurricular and Extracurricular Activities
IGDJ, Interscholastic Athletics
JFCH, Alcohol Use by Students
JFCI, Student Drug Abuse
JO, Student Records
IGDJA-E-1, Athletic Code of Conduct Consent Agreement (also on Forms CD)
IGDJA-E-2, Drug and Alcohol Testin Consent for Urinalysis (also on Forms CD)
IGDJA-E-3, Drug and Alcohol Policy Violation Consequences (also on Forms CD)

Consent

Each student/athlete is provided a copy of the policy, a "Student Consent to Perform Testing for Drugs and Alcohol" form and a "Parent/ Guardian Consent to Perform Testing for Drugs and Alcohol" form. The Athletic Director/designee distributes these documents at the beginning of each season no later than two weeks prior to the beginning of the official OHSAA starting date of the athletic season. Consent provided under this policy is valid through the shorter of

1. one year from the date of consent;

2. the date of graduation, or

3. the date of written notice of withdrawal from participation in all athletic programs for the current academic year.

The sudent/athlete reads, signs and dates the informed consent agreement as a condition of eligibility prior to participation in interscholastic athletic practices or competition. The student/athlete and the designated parents/ guardian shall also sign the "Student and Parent/ Guardian Consent to Perform Drug Testing for Drugs and Alcohol" before the student/athlete may participate in interscholastic athletic practices or competition.

The Athletic Director/designee is required to obtain the informed consent forms prior to the adminstration of the drug and alcohol tests under this policy. The consent forms are maintained in the student/athlete's permanent record.

Testing Frequency

The urine drug and alcohol tests are administered:

1. at the beginning of each athletic season as described above;

2. when student/athletes are chosen due to reasonable suspicion and/or

3. when student/athletes are chosen by random selection.

Random Selection Guidelines

Random selection of in-season and out-of-season student/athletes for additional testing is conducted during the school year. Student/athletes are randomly selected from a master list of identification numbers of all eligible athletes maintained by the Athletic Director. The student/athletes selected are notified by the Athletic Director/ designee and asked to report to the designated collection site and provide a urine sample for testing within the time parameters established by this policy

Reasonable Suspicion Testing Guidelines

Reasonable Suspicion Testing occurs when the District has reason to suspect a student/athlete may be in violation of this policy. A reasonable suspicion test may occur based on:

1. observed behavior, such as direct observation of drug, Alchohol use or possession or physical symptoms of drug or alcohol use;

2. a pattern of abnormal conduct or erratic behavior

3. arrest or conviction for drug related offense;

4. information provided either by reliable and credible sources or independently corroborated regarding a student/athlete's substance or alcohol or tobacco use, or

5. newly discovered evidence that the student/athlete has tampered with a previous drug or alcohol test.

Any documentation used to support reasonable suspicion testing is documented in writing by the Athletic Director/designee and maintained in the student's record.

Confidentiality

Because the selection and reporting process for the student/athlete is confidential, the selection, collection, chain-of-custody documentation and reporting of results are accomplished using identification number codes. The Athletic Director/designee establishes a master list of athlete's names and unique code numbers. The list is maintained in a secure and locked location. The Superintendent and Athletic Director/designee are the only persons with access to the list. This code numbers are used to select the pool to be tested for random testing.

Health Center personnel coordinates the scheduling of student/athletes, as well as the collection of urine samples.

The Athletic Director/designee shall be present at the collection site for the purpose of coordinating the identification of the athlete and assignment of the code number master list. From that point on, the code number is utilized for specimen identification and reporting. The collection site master list is used to record prescription or over-the-counter medications that the athlete has identified as used in the five (5) days prior to the collection.

The collection site master list is then used by the Athletic Director/ designee to identify the student/ athlete's parents when positive, confirmed resultsor when inconclusive adulterated or suspect results are reported by identification number by the testing laboratory in accordance with this policy.

Collection Site

Collection sites are chosen based on the location and physical layout of available bathroom facilities. Such facilities shall limit access to all persons, except authorized monitors and student/athletes during collection times. Facilities for female student/athletes shall have private stalls with working closures.

Adequate clerical space to process designated forms must be available at or closely adjacent to the collection area.

There should also be sufficient room to hold waiting athletes who must remain supervised at the collection site until collection is complete. Upon initially entering the collection site, athletes must remain at the test site until collection is complete or until excused by the Athletic Director/designee.

Collection

Upon reporting to the collection site, the athlete will remove outer garments (coats, jackets, sweatshirts, etc); select a sealed, sterile specimen container; verify the assigned identification number by signing the collection site master list; and disclose in writing all medications, both prescription and non-prescription taken in the past five days.

One athlete shall enter a secure bathroom facility accompanied by a monitor; wash his/her hands, empty pockets to pants or jacket and proceed to the urinal or toilet stall and open the sealed specimen container.

Male athletes shall remain fully clothed with their back to the monitor. The monitor stands 6-10 feet behind the student and listens for normal sounds of urination.

Female athletes are allowed to close the door to an enclosed bathroom stall. The monitor stands and listens for normal sounds of urination.

If unable to provide a sample, the athlete must take the empty unsealed specimen container to the moniter pending a later attempt. The moniter maintains control of the specimen container until given to the student/athlete for the next attempt. The student/athlete must remain in the holding area until able to produce a specimen or until excused by the Athletic Director/designee

Students who are absent when scheduled or are otherwise unable to provide an acceptable sample when scheduled are not eligible in the athletic program until a retest can be scheduled and an acceptable sample obtained.

If partial but insufficient sample is collected, the original container is retained by the moniter who checks the temperature of the sample. The student/athlete shall remain in the holding area until able to produce an additional specimen in a second sample container. The moniter tests the temperature of the second sample. If the temperature of both samples are within the established testing parameters, the samples may be combined in the presence of the student/athlete.

Because temperature of a freshly voided sample may be used as criteria for suspected tampering and dilution, the student/athlete shall deliver the sample to the central processing area within four minutes of collection. If delayed for any reason, the student/athlete must verify the temperature on the indicator strip on the container with the monitor. If upon initial testing the urine temperature is outside the testing parameters, the sample is deemed invalid and the student is required to provide another sample. If no sample can be provided that day, the student is not eligible for participation in athletic activities until a rescheduled test is completed by the student.

The labeled samples are maintained under strict security by the collection moniters so as to maintain proper chain-of-custody and safeguard the rights of the student/athlete.

Testing

The samples are sealed by the moniters and sent to a Department of Transportation certified laboratory where testing may include any or all of the following:

    Anabolic Steroids
    Alcohol
    Amphetamines
    Barbituates
    Benzodiazepines
    Cannabinoids
    Cocaine Metabolite
    LSD
    Methadone
    Methaqualone
    Nicotine
    Opiates
    Phencyclidine
    Propoxyphene

The urine sample is also tested for adulterants that may include examination for glutaraldehyde, nitrate, chromate chlorine bleach, pH, specific gravity and/or creatine.

The District upon recommendation by the Superintendent may ask the laboratory to test for additional drugs for an additional charge. Additional testing may take place without prioir notice to the student/athlete or without written change to this policy.

Specimens must be initially screened using an Immunoassay and/ or Chromatographic method, with all presumptive positives then confirmed by the Gas Chromatography (GC), or Gas Chromatography/ Mass Spectroscopy (GC/ MS) methods.

No positive results are reported until screening results are confirmed.

The laboratory director certifies all urine drug screens as negative, positive, adulterated, inconclusive or suspect, reports all findings other than negative findings in a confidential manner to the Athletic Director/designee. This notification is followed by a confidential final written report to be mailed to the office of the Superintendent. No other person will have access to confidential reports.

The Athletic Director translates the identification code to establish the identity of any student/athlete that has tested positive, adulterated, inconclusive or suspect. The laboratory director and/ or a qualified medical review officer is then contacted by the Health Service Department designee to obtain an interpretation of the results after consideration of medications listed by the student/athlete on the collection master list as these medications may explain a positive, inconclusive, adulterated or suspect result. This additional review in concluded before a positive test result is reported.

Re-Testing Procedure

Upon notice of inconclusive, adulterated or suspect results or results that reveal that testing acceptable criteria have not been met, a second urine test is obtained from the student/athlete. The athlete is required to provide a second urine sample for testing upon request by the Athletic Director. The student/athlete is not permitted to participate in the athletic program until the retest is scheduled and completed. Failure to submit to this additional test consitutes a policy violation.

Notification Chain for a Positive, Inconclusive, Adulterated or Suspect Result

When the Superintendent receives notice of a result that is inconclusive, adulterated or suspect, the Superintendent contacts the Athletic Director to obtain the athlete's identity. The Superintendent/designee attempts to contact the parent/ guardian of the athlete within 24 hours of notification that a re-test is required. The Athletic Director then contacts the student/athlete to schedule the re-test.

When the Superintendent receives notice of a positive result, the Superintendent contacts the Athletic Director to obtain the student/athlete's identity. The Superintendent/designee attempts to contact the parent/ guardian of the athlete within 24 hours. Following verbal notification or the failed attempt at verbal notification, the Athletic Director contacts the parent/gaurdian by letter within 24 hours to explain the student/athlete's due process rights under this policy.

Following the notification of the athlete and the parent/guardian, the Athletic Director notifies the head coach and building principal of the positive test.

Policy Violation

The following actions of the student/athlete constitute policy violations

1. Failure to report to collection site after notification unless excused by the Athletic Director.

2. Refusal to submit a urine sample for testing.

3. Tampering with the sample for testing or attempting to subvert the collection/ identification process.

4. Confirmed positive test results for banned substance.

5. Aiding and/or abetting another student/athlete in violating this policy.

6. Refusal to submit to a re-test when required following an inconclusive adulterated or suspect result.

Due Process

After notification of a positive test, the Athletic Director notifies the parent/ guardian by telephone and then certified mail of their right to a meeting with the Athletic Director/designee and head coach to explain the athlete's rights under this policy.

If the parents fail to contact the Athletic Director or his/her designee within 24 hours following receipt of said notice to schedule a meeting to review or appeal the test results , the results are deemed conclusive for purpose of further action under this policy and the parents/guardian and the student/athlete are deemed to have waived their right to challenge the test result.

If a meeting with the Athletic Director is conducted , the parent/ guardian and student/athlete may, at their own expense, elect to have a portion of the original sample re-tested by the District's laboratory, or a second independent certified laboratory of their choice. Upon receipt or payment in full for the re-test and a written request from the parent/guardian, the District's lab forwards the sample for further testing.

The student/athlete has the right to appeal the test result and the policy consequences to the building principal without first meeting with the Athletic Director/designee. In such cases the appeal must be delivered to the principal in writing within 72 hours of the first notice of a positive result. Failure to comply with this time limit shall bar further appeal under this policy.

Any penalties authorized under this policy are not imposed during the pendency of an appeal. The building principal issues a decision within 48 hours of receipt of the appeal. Notice of the decision is given by phone if possible and then by certified mail.

If not satisfied with the decision of the building principal, the student/athlete may appeal in writing to the Superintendent within 48 hours of the principal's decision. The Superintendent/ designee issues a decision within 48 hours of receipt of the appeal. The Superintendent's decision will be in writing and final.

Policy Violation Consequences Resulting from a Positive Drug/Alcohol Test

1. First Offense

    A. Loss of any leadership position in student/athletic programs for the remainder of the academic school year.

    B. The student/athlete is denied participation for twenty-five percent (25%) of the scheduled athletic contests in which the school engages for the entire academic year (twenty-five percent of a game schedule is three games). Participation denotes competing in events against outside competition at all levels (Varsity, JV, Freshman) including dressing for contests. The athlete may practice with the team and may sit with the team (out of uniform) for all contests for which they are suspended.

    C. The denial of participation may be reduced to ten percent (10%) of the scheduled contests if the athlete commits to and participates in substance abuse assessment and aftercare program. This assessment must be conducted by a certified chemical dependency counselor or at an agency certified by the Ohio Department of Alcohol and Drug Addition Services, or a licensed physician trained in chemical dependency. The student/athlete must set an appointment within four days of notification of the violation. The athlete must participate in the evaluation process to its completion and follow the counselor's recommendation. Verification of this evaluation must be received by the building principal from the program counselor. The student/athlete and parent/guardian must submit a written waiver of his/ her rights of confidentiality so that a written report can be provided to the District Health Services Department. Any cost for the assessment and follow-up program is the sole responsibility of the student/athlete or the parent/guardian. The principal/designee may reinstate the athlete upon evidence that the student/athlete has begun an assessment and follow-up program.

    D. The District Health Services Department monitors the progress of the assessment program and reports any failure to comply to the principal. If the athlete fails to comply with the program or fails to complete the program, the full denial of participation of 25 percent of all contests is imposed.

    E. If an athlete has a positve test for tobacco or nicotine, the denial of privilege may be reduced to 10 percent of the scheduled contests if the athlete enrolls in and participates in a tobacco intervention/ education program approved by the principal. The athlete must provide notice of enrollment to the principal within four days of notice of the violation. The cost of the program is the responsibility of the student/athlete or parent/guardian. The principal/ designee may reinstate the athlete upon evidence of participation in a tobacco intervention/ education program. The parent/guardian shall execute a written waiver of his/ her rights of confidentiality so that periodic reports can be provided to the Health Serviced Department. The student/athlete provides written notice to the principal on completion from the program director. The Health Serive Department moniters the progress of the tobacco program and reports any deficiency to the principal. If the athlete fails to complete the program or comply with the program, the full denial of participation of 25 percent of all contests is imposed.

    F. The denial of the privilege to compete begins following the last contest in which the student/athlete has been eligible to compete prior to the violation of any part of this policy. For clarification purposes, any percent of any denial resulting in partial game denial is rounded up to include an additional contest. Any denial occurring at the end of the season is carried over to the athlete's next eligible season.

    G. A first positive drug and/ or alcohol violation shall result in additional testing through an assessment program or through the school drug testing vendor. The cost of this random testing is the responsibility of the student/athlete and parent(s)/ guardian(s).

2. Second Offense

    A second offense committed by a student/athlete under this policy shall results in the denial of the privilege to participate in athletics for the remainder of the school year and/ or the first athletic season in which the athlete has previously participated (Fall, Winter, Spring) the following year, whichever is greater.

3. Third Offense

    A third offense committed by a student/athlete under this policy shall results in the denial of participation in athletics for the remainder of the student'athlete's high school career.

Student/Athletes who in any way aid or abet another athlete violating this policy will be disciplined as if they were the principal offender.

Financing

Each athlete will be responsible for contributing $10 towards testing costs. Athletes may obtain assistance in payment from a booster group contribution, a team fundraiser or any combination of these. The remainder of funding is generated through grants and/ or other non-general fund resources. Excess funds are carried over to the next year to help perpetuate the program or to be used to increase the number of testing dates or to increase the number of student/athletes tested. Grant money may also be used to reduce the cost to the athlete.

Once a student/athlete has had a positive test confirmed, any and all additional test or related costs incurred are the responsibility of the student/athlete and their parent(s)/ guardian(s).

DEFINITIONS

Alcohol - Intoxicating liquor, liquor, alcohol, wine, beer, mixed beverages, malt liquor, and malt beverages as defined in Ohio Revised Code 4301.01. The term "alcoholic beverages" also means any liquid or substance, such as "near bear" intended for use as a beverage, used as a beverage, or capable of being used as a beverage, which contains alcohol in any proportion or percentage. The term "alcoholic beverage" does not include a substance used for medical purposes in accordance with directions for use provided in a prescription or by the manufacturer and in accordance with District policy and rules related to the use of prescriptions so long as the substance is authorized by a medical prescription from a licensed physician and kept in the original container, which container shall state the student's name and directions for use.

Assessment and Follow-up Program - A program operated by a certified chemical dependency counselor or any agency certified by the Ohio Department of Alcohol and Drug Addiction Services, or a licensed physician trained in chemical dependency.

Athlete - Any student participating in high school athletic programs and/ or contests under the control and jurisdiction of the District and the Ohio High School Athletic Association (OHSAA).

Chain of Custody - The methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage of handling, testing, and storing specimens and reporting test results.

Confirmation Test, Confirmed Test, or Confirmed Drug Test - A second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy.

Counterfeit Substance - 1. Any drug that bears, or whose container or label bears, a trademark, trade name, or other identifying mark used without authorization of the owner or rights to such trademark, trade name or identifying mark. 2. Any unmarked or unlabeled substance that is represented to be controlled substance/ mood altering chemical, manufactured, possessed, packed or distributed by a person other than the person that manufactured, processed, packed or distributed it. 3. Any substance that is represented to be a controlled substance/ mood altering chemical, but is not a controlled substance/ mood altering chemical or is a different controlled substance/ mood altering chemical. 4. Any substance other than a controlled substance/ mood alternating chemical that a reasonable person would believe to be a controlled substance/ mood altering chemical because of its similarity in shape, size, and color or its markings, labeling, packaging, distribution, or the price for which is was sold or offered for sale.

Illegal Drugs or Drugs - Any substance, as includes in schedules 1 through 5 of 21USC 802 (6), which an individual may not sell, offer to sell, exchange, give, possess, use, distribute, or purchase under State or Federal law. This definition also includes all prescription drugs obtained without authorization, and all prescribed and over the counter drugs being used in any way other than for medical purposes in accordance with the directions for use provided in the prescription or by the manufacturer. This definition includes nicotine.

Initial Drug Test - A sensitive, rapid and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States Food and Drug Administration.

Medical Review Officer - A doctor, not necessarily a licensed medical review officer, who serves in that capacity on behalf of the District.

Mood Altering Chemicals - Includes, without limitation, narcotics, depressants, stimulants, hallucinogens, counterfeit drugs, marijuana, alcohol, and any common substance such as "white out", glue, gasoline, etc. used for its mood altering effect. Prescription drugs are included in this, unless authorized by a medical prescription from a licensed physician and kept in the original container, which container shall state the student's name and directions for proper use.

Positive result - The presence of alcohol, nicotine or any drug of abuse in the test result received from a certified testing laboratory.

Random Selection - A mechanism for selecting athletes for drug/ alcohol testing in which each student/athlete has an equal chance for being selected for testing each time selections are made.

Reasonable Suspicion Drug Testing - Drug testing based on a belief that a student/athlete is using or has been using drugs and is drawn from specific objective and articulated facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon one or more of the following criteria:

1. Observable phenomena, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug; but not limited to appearance, speech, body odors, behavior, or other physical or observable traits of a student/athlete. In the context of performance enhancing drugs, reasonable suspicion specifically includes unusual increases in size, strength, weight or other athletic abilities.

2. Evidence that a student/athlete tampered with a drug test.

3. Evidence that a student athlete used, possessed, sold, solicited, or transferred drugs while at school or while participating in any interscholastic athletic program.

4. Inconclusive, adulterated or suspect test results or drug test results that report test acceptablilty criteria have not been met.

Specimen - Any urine sample provided by student/athletes for testing pursuant to this policy.

Student - Any student enrolled at Austintown-Fitch High Schoo

Tobacco - All types of tobacco products, including smokeless.

 

(Approval date:)