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Oregon Bulletin

March 1, 2011

 

Oregon University System,
University of Oregon
Chapter 571

Rule Caption: Revise and repeal athletic department substance abuse and drug testing rules.

Adm. Order No.: UO 1-2011

Filed with Sec. of State: 2-3-2011

Certified to be Effective: 2-7-11

Notice Publication Date: 1-1-2011

Rules Amended: 571-004-0020, 571-004-0025, 571-004-0030, 571-004-0045, 571-004-0050, 571-004-0055

Rules Repealed: 571-004-0035, 571-004-0040

Subject: These rules affect approximately 450 student-athletes at the University of Oregon and have not been revised since 1989. The amended rules will continue to permit testing of student-athletes only on the basis of individualized reasonable suspicion or on the basis of failing a laboratory-generated specimen-integrity test. Other changes reflect the improvement and standardization of testing and testing protocols since 1989 and the new emphasis on performance-enhancing substances. the privacy of the student-athlete to be protected under the revised rules.

Rules Coordinator: Deb Donning—(541) 346-3082

571-004-0020

Introduction

(1) In the interest of the personal health and safety of student-athletes competing for and against the University of Oregon in its intercollegiate athletic program and in the interest of fair and sporting competition, the Department of Intercollegiate Athletics (Athletic Department) condemns illegal drug and illegal alcohol use; the abuse of alcohol, drugs and other substances; and the use of performance-enhancing drugs.

(2) The Athletic Department has instituted a program of drug screening by urinalysis for student-athletes engaged in intercollegiate athletics. The screening process shall be initiated only on the basis of individualized reasonable suspicion or on the basis of failing a laboratory-generated specimen-integrity test in the course of a previous screening under these rules. A coach or administrator should communicate to the director of athletic medicine or team physician circumstances that give rise to an individualized reasonable suspicion. The circumstances giving rise to reasonable suspicion and the source thereof shall be recorded in writing by the team physician who shall be the only person to authorize and initiate the drug testing process. This record shall be deemed a confidential record and shall be kept in a secure place separate from and not a part of the student-athlete’s educational or medical records.

(3) “Reasonable suspicion” shall not mean a mere “hunch” or “intuition.” It shall instead be based upon a specific event or occurrence which has led to the belief that a student-athlete has used any drugs which are specified in OAR 571-004-0025(5) and which could have or could have had an effect during a period of organized practice, conditioning, or competition or during a period of counseling for substance abuse or, in the case of steroids, during any period of pre-season conditioning or weight training.

(a) Such belief may be engendered by, among other things, direct observation by coaches, trainers, the team physician, or other appropriate personnel of physical or mental deficiency, medically indicated symptomology of tested-for drug use, aberrant or otherwise patently suspicious conduct, or of unexplained absenteeism.

(b) Such belief may also be engendered by, among other things, information supplied by reliable third parties, including but not limited to law enforcement officials, if the information is corroborated by objective facts, including but not limited to equivocal, contradictory, or unlikely and unsubstantiated explanation by the individual about whom the report is made or information which under the circumstances is credible based on specific articulable facts. Should information be proffered by law enforcement, prosecutorial or probation department officials, the University will use and act upon such information only if it obtains a written agreement that results of a potential test will not be used to prosecute or revoke parole for the use or ingestion of the drug disclosed by the test.

(c) Such belief may also be engendered by reasonable conclusions about observed or reliably described human behavior upon which practical people ordinarily rely.

(d) Such belief may also be engendered by a previous positive test under these procedures within the preceding twelve months.

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 352.008

Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f. 2-6-89, cert. ef. 2-9-89; UO 1-2011, f. 2-3-11, cert. ef. 2-7-11

571-004-0025

Testing Method

(1) The standard method adopted by the Athletic Department for testing for drug use shall be through independent laboratory analysis of urine samples provided by student-athletes in accordance with generally accepted standards.

(2) Results of the test shall be available only to the student athlete, the head coach in the athlete’s sport, the Athletic Director, the Team Physician and to others who have a legitimate educational, health or medical reason. This record shall be deemed a confidential record and shall be kept in a secure place separate from and not a part of the student-athlete’s educational or medical records. Should any challenge to the test results, consequences of the test or the test procedures be raised in relation to a particular student-athlete, other appropriate University officials may have access to the information in order to carry out their responsibilities in relation to the challenge A record indicating that a student-athlete was tested and the basis for the decision to conduct the test shall be retained in the student-athlete’s medical file.

(3) Each student-athlete shall be provided with a copy of the rules describing the Athletic Department Substance Use and Drug Testing program before the start of the playing season or when the name of the student-athlete is first entered upon the team roster, whichever is later.

(4) The substances for which the student-athlete will be tested are: any unlawful or prohibited substances and other substances that might impermissibly affect a student-athlete’s performance, including but not limited to amphetamines, cocaine, anabolic steroids, peptide hormones, and marijuana, or their derivative compounds.

(6) The student-athlete need not be given prior notice that a urine sample will be collected. A student-athlete who refuses to provide a urine sample during the testing process shall be deemed to be in violation of these administrative rules.

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 352.008

Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f. 2-6-89, cert. ef. 2-9-89; UO 1-2011, f. 2-3-11, cert. ef. 2-7-11

571-004-0030

Testing Protocol

The Athletic Department shall follow protocols required by the testing laboratory and the National Collegiate Athletic Association for testing student athletes that respect the student-athlete’s reasonable expectation of privacy, minimize the chances of accidental error or cheating, and preserve the appropriate chain of custody and integrity of the urine sample. A copy of the protocol shall be provided to each student-athlete along with a copy of the rules describing the Athletic Department Substance Use and Drug Testing program.

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 352.008

Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f. 2-6-89, cert. ef. 2-9-89; UO 1-2011, f. 2-3-11, cert. ef. 2-7-11

571-004-0045

Drug Education and Counseling Services

The Athletic Department shall provide a program of drug information and counseling referral for student-athletes.

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 352.008

Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f. 2-6-89, cert. ef. 2-9-89; UO 1-2011, f. 2-3-11, cert. ef. 2-7-11

571-004-0050

Positive Test Results Sanctions

(1) The team physician, the athletic director, the head coach, and other appropriate personnel shall review a positive test result and shall, bearing in mind the type of drugs identified, the recency of use, and the medical, safety and performance-enhancing effects of the use, formulate an appropriate program for the student-athlete. Such program shall include abstention from further use and periodic retesting and may include counseling, reduced playing time, and withdrawal from drills, scrimmages, or competitions. The program shall also describe potential sanctions for repeated use or abuse of substances for which tests are conducted. However, a student-athlete may be dismissed from the team and lose all grant-in-aid support, beginning with the next academic term after a single positive test result.

(2) Repeated positive tests, admissions, or other information that disclose continued use of impermissible substances may cause a student-athlete to be dismissed from the team and lose all athletic grant-in-aid support beginning with the next academic term. A student-athlete who refuses to provide a urine sample as part of the testing process shall be deemed to have provided information that discloses continued use of impermissible substances.

(3) A student-athlete who loses a grant-in-aid under these rules may appeal that decision under the established procedures regarding non-renewal of financial aid.

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 352.008

Hist.: UOO 1-1989, f. 2-6-89, cert. ef. 2-9-89; UO 1-2011, f. 2-3-11, cert. ef. 2-7-11

571-004-0055

Records Security

(1) The purpose of the testing program established by these rules does not include enforcement of the criminal laws or the Student Conduct Code.

(2) The University in conducting the testing program is not acting in aid of, or as an agent for, law enforcement officials, nor are those administering the tests acting as, for, or on behalf of the Office of Student Conduct. The Student Conduct Code applies to drug or substance use by a student-athlete only under the same circumstances as other students.

(3) Test results are part of a student’s educational and medical records protected from disclosure under state and federal law. However, records may be subject to disclosure pursuant to a lawfully issued subpoena or court order. In such an instance, the University will take reasonable steps to notify the record-subject in advance of compliance with any such subpoena or order. The University or the record-subject may move the court or agency to quash any portion of the subpoena which pertains to drug testing records or to withdraw or narrow any such court order.

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 352.008

Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88 UOO 1-1989, f. 2-6-89, cert. ef. 2-9-89; UO 1-2011, f. 2-3-11, cert. ef. 2-7-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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