Oregon Bulletin
March 1, 2011
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Rules Repealed: 571-004-0035, 571-004-0040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 |