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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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OREGON UNIVERSITY SYSTEM, PORTLAND STATE UNIVERSITY

 

DIVISION 33

ATHLETIC DEPARTMENT SUBSTANCE USE AND
DRUG TESTING

577-033-0001

Introduction

(1) In the interest of the personal health and safety of student-athletes competing for and against Portland State University in its intercollegiate athletic program and in the interest of fair and sporting competition, the Department of Intercollegiate Athletics (Athletic Department) does not condone alcohol abuse, drug and substance abuse or illegal use of such substances by a student-athlete at any time. Nor does the Athletic Department endorse or permit the use of performance-affecting substances.

(2) The Athletic Department has instituted a program of drug testing by urinalysis for student-athletes engaged in intercollegiate athletics. The testing process shall be initiated only on the basis of individualized reasonable suspicion or on the basis of failing a test previously conducted pursuant to these rules. The circumstances, conditions, or events giving rise to such 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.

(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 577-033-0010 and which could or could have 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 or other illegal performing enhancement drugs/supplements, during any period of conditioning or weight training:

(a) Such belief may be engendered by, among other things, direct observation by coaches, trainers, or the team physician of physical or mental deficiency or of medically indicated symptomology of tested-for drug use, or of 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 this 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. Should information that leads to reasonable suspicion be provided by law enforcement, prosecutorial or probation department officials, the University will only utilize and act upon such information if it succeeds in getting a written agreement from the law enforcement source that results of a potential test will not be used by law enforcement to prosecute or revoke parole;

(c) Such belief may also be engendered by common-sense 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.

(4) The Athletic Department shall not perform any drug testing solely at the request of a student-athlete.

(5) Alcohol abuse during any period of PSU supervised conditioning, weight training, practice, or competition can have severe detrimental effects on personal health, performance, behavior, and academic progress. Athletic Department and team regulations dealing with alcohol abuse therefore provide for possible counseling and/or disciplinary action for student-athletes who are abusing alcohol. The Athletic Department considers that a conviction for driving while under the influence of alcohol is evidence of a serious problem of alcohol abuse. A conviction for driving under the influence of intoxicants (DUII) which arises from an incident during any period of PSU-supervised conditioning, weight training, practice, or competition will be treated the same as a positive test for drugs, as set out in OAR 577-033-0050.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351 & ORS 352
Hist.: PSU 3-2003, f. 8-25-03, cert. ef. 9-1-03

577-033-0010

Testing Method

(1) The standard method adopted by Athletic Department for testing for drug use shall be through laboratory analysis of urine samples provided by student-athletes. Urine specimens shall be collected in the proximity of a trained monitor of the same sex who is assigned for that purpose by the Athletic Department administration in compliance with the protocol described in OAR 577-033-0030, Specimen Collection and Role of Monitor.

(2) Results of the test shall be available only to the student-athlete, to the head coach in the athlete's sport, to the Athletic Director, and to the Team Physician. 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 handling the challenge.

(3) The Team Physician shall determine, after consultation with the head coach, whether it is appropriate to inform and involve a drug and substance abuse counselor, in addition to those individuals listed in section (2) of this rule.

(4) A copy of the rules describing the Athletic Department Substance Use and Drug Testing Policy shall be included in the Student Athlete Handbook (the Handbook). This Handbook shall be given to each student athlete 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.

(5) The substances for which the student-athlete will be tested are: recreational, prescription and performance enhancing drugs or supplements and their derivative compounds and/or substances listed on the NCAA list of banned substances (as amended).

(6) A student-athlete who refuses to provide a urine sample during the test process or within four hours of the designated time shall be deemed to have tested positive for the drug(s) in question.

(7) Adulteration of a urine sample by the student-athlete will result in and be considered as a positive test for the drug(s) in question.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351 & ORS 352
Hist.: PSU 3-2003, f. 8-25-03, cert. ef. 9-1-03

577-033-0020

Testing Protocol

(1) The Athletic Department protocol for testing student-athletes shall minimize the chances of accidental error or cheating. The protocol shall not provide for visual observation of voiding.

(2) Coaches shall not be involved in the urine sample collection process.

(3) Testing of urine samples shall be performed by a designated local laboratory.

(4) If the initial test is positive and was not performed by a test at least as accurate as gas chromatography - mass spectrometry, a second test shall be performed by use of the split samples at an independent laboratory, using procedures at least as accurate as gas chromatography - mass spectrometry.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351 & ORS 352
Hist.: PSU 3-2003, f. 8-25-03, cert. ef. 9-1-03

577-033-0030

Specimen Collection and Role of Monitor

(1) Specimen collection and testing shall be performed by a qualified independent laboratory, which is selected and designated by the Athletic Department. The Athletic Department may use any independent laboratory that is qualified to perform the needed tests and that meets the standards stated in these rules. The Athletic Department may change the laboratory used for testing at any time before testing begins without first notifying the student-athletes.

(2) The exact process and steps of specimen collection will be determined by the independent laboratory's standard protocol for specimen collection. However, the laboratory's protocol must include the following steps set forth by the Athletic Department:

(a) The student-athlete will report to the designated independent laboratory and check in with a laboratory employee who is trained in specimen collection and who will serve as and be referred to in these rules as the "monitor".

(b) The student-athlete will provide the monitor with photo identification. The monitor will record all needed information on the collection form. The student-athlete will verify that the information is correct. The monitor will ask if student is taking any medication and enters this information on the appropriate form.

(c) The student-athlete shall empty all pockets and shall the leave contents of any pockets, purses, backpacks, and similar containers with the monitor.

(d) The monitor will ask the student-athlete to select two sealed specimen containers and proceed into the rest room designated for specimen collection. Toilet bowls and tanks shall be filled with water containing colored dye. The monitor will instruct the student-athlete not to flush the toilet or use the sink, as only the monitor will flush the toilet.

(e) The monitor shall remain outside of the restroom. Quiet shall be maintained. After voiding into 2 specimen containers, the student-athletes shall emerge and hand the capped containers to the monitor. The monitor will test the temperature of the containers by a non-contaminating method within the full view of the student-athlete.

(f) The monitor will then remove the labels marked "A" and "B" from the collection form and use these labels to seal both specimen containers. This task shall be accomplished in full view of the student-athlete. The monitor will then record the date on each label. The student-athlete will initial each label, then read, complete and sign the bottom of the collection form.

(g) The monitor, in the presence of the student-athlete, then initiates the chain of custody by filling out and signing the proper section of the collection form.

(h) If unable to produce a specimen at all or unable to produce the necessary quantity, the student-athlete shall be asked to return to the designated waiting area. He or she may request liquids but must stay in view of the monitor at all times. The student-athlete begins the entire process anew when the student-athlete deems readiness.

(i) In the event an empty container is left standing, or an unsealed, filled container is not in close proximity and possession of the student-athlete and monitor, then the monitor shall dispose of the container.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351 & ORS 352
Hist.: PSU 3-2003, f. 8-25-03, cert. ef. 9-1-03

577-033-0040

Specimen Handling and Preliminary Testing

(1) After specimens have been received by the designated laboratory, the following policies are in effect:

(a) Specimens are held in the designated laboratory according to the following schedule:

(i) One week for a negative test result;

(ii) 180 days for a positive test result;

(b) The laboratory staff communicates with only the team physician when the testing indicates a positive result. Such communication shall be made orally to the team physician personally, followed by a written report of the test results to the team physician. Split samples are used and final confirmation of positive comes only from GC-MS method (gas chromatography - mass spectrometry);

(c) Anabolic steroid tests will be conducted by a laboratory qualified to perform such tests.

(2) Test results and the fact of testing shall be treated confidentially at all times. Test results and related information shall be stored securely separately from other educational or medical records. University and laboratory employees shall not disclose or discuss the fact or the outcome of testing or the identity of the person tested except insofar as necessary to carry out their official and professional responsibilities. The phrase "official responsibilities" shall not extend to financial aid (other than determination appeals under OAR 577-033-0010(2)), student conduct, housing or campus security activities.

(3) Laboratories testing specimens shall employ secure storage and chain-of-custody/signature/name/date-time-location-purpose documentation continuously while in possession of specimens.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351 & ORS 352
Hist.: PSU 3-2003, f. 8-25-03, cert. ef. 9-1-03

577-033-0050

Positive Test Results Sanctions

(1) The team physician, athletic director, and the head coach alone shall review a positive test result and shall, bearing in mind the type of tested-for drug(s) used, the recency of use, the medical, safety and performance-enhancing effects of its use, formulate a treatment/behavior modification program for the student-athlete. Such program shall include but is not limited to, abstinence of further use and periodic retesting and may include counseling, physical therapy, reduced playing time and withholding from contact drills, scrimmages, competition, or reduction of athletic grant-in-aid.

(2) If repeated positive tests or admission reveal continuing use of tested-for drugs on two occasions beyond the initial positive test, the student-athlete shall be expelled from the team and shall lose all athletic grant-in-aid support beginning with the next academic term. If the student-athlete declines three times to provide a sample, or if the student-athlete is involved in any combination of positive tests or declinations totaling three, he or she shall similarly be expelled from the team and lose all athletic grant-in aid support. The student-athlete shall first be offered a contested-case hearing under OAR 577-001-0100 et seq.

(3) If a student-athlete refuses to provide a urine sample during the test process or within four hours of the designation time, the student-athlete shall be deemed to be in violation of these rules and shall be withheld from contact-drills, scrimmages and game competition for the next three weeks of the competition season(s) starting immediately. Except in instances of individualized reasonable suspicions of steroid use or a prior positive test within twelve months, the student-athlete shall not be tested following such refusal and withholding on the basis of the original reason for individualized reasonable suspicion.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351 & ORS 352
Hist.: PSU 3-2003, f. 8-25-03, cert. ef. 9-1-03

577-033-0060

Records Security

(1) The University has no purpose of invoking or facilitating criminal justice procedures or Student Conduct Code disciplinary proceedings arising out of the use or ingestion of the tested-for substances.

(2) The University in conducting the testing program is not acting in aid of, or as an agent for, state or federal law enforcement officials. Nor are those administering the tests acting as, for, or on behalf of the Office of Student Affairs.

(3) Test results shall be deemed by the University as part of a student's educational/ medical records protected from disclosure under state and federal law. However, these laws do not immunize student educational records from disclosure pursuant to a 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 & ORS 352
Stats. Implemented: ORS 351 & ORS 352
Hist.: PSU 3-2003, f. 8-25-03, cert. ef. 9-1-03

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