MWSU Drug Policy - Missouri Western State University Athletics

I. SCOPE OF POLICY
SPORTS MEDICINE
MISSOURI WESTERN STATE UNIVERSITY
DEPARTMENT OF ATHLETICS
DRUG POLICY
A. Individuals Subject To Policy.
1. All student-athletes, cheerleaders, student-athletic trainers, and
student-managers are subject to this policy.
2. Athletic administrators are subject to this policy where specified.
B. Participation And Right Of Refusal.
1. As consideration for the privilege of participation in intercollegiate
athletics at Missouri Western State Univeristy, student-participants shall
participate in the drug education and testing program described in this
policy.
2. Student-participants are free to refuse to participate in any aspect of
the policy; however, any student-participant who so refuses will not be
allowed to participate in intercollegiate athletics at MWSU and shall be
subject to forfeiture of all athletic grant-in-aid they are receiving.
C. Athletic Administrators.
1. No athletic administrator shall furnish or provide to any student-
participant any illegal drug or drug paraphernalia, nor encourage
directly or indirectly any student-participant to use an illegal drug
or controlled substance.
D. Definition Of Terms.
Athletic Administrators Includes the Director of Athletics, Athletic
Trainer(s), and all Coaches Drug Policy Grievance Consists of the Executive
Vice President or Committee his/her designee, Director of Athletics, and the
Head Athletic Trainer
1

Student-Athlete - Any participant in an intercollegiate sport,
regardless of whether he or she receives an athletic grant-in-aid award
Student-Participant - Includes student-athletes, cheerleaders,
student athletic trainers, and student-mangers
II. EDUCATION PROGRAM
A. Drug Awareness And Health-Related Seminars.
1. All student-participants and coaches will be required to participate
in drug awareness and health-related seminars. Additional seminars
may be required at the discretion of the Director of Athletics.
B. Substance Abuse.
1. Substance abuse can include legal and illegal drugs, including
alcohol and tobacco. Missouri Western State University will provide
an education program to inform our student-participants of the
inherent hazards of abusing these substances. It is our goal to promote
the physical and psychological well-being of the MWSU student-
participant.
III. PROHIBITED DRUGS
A. Illegal Use Of Controlled Substances.
1. It is prohibited under this policy to illegally use any controlled
substance, as defined by the current Missouri Western Student
Handbook, under the Section, "General College Rules and Regulations."
2. Also it is prohibited to use any mind or mood altering controlled
substance or substances that affect athletic performance, other than
those being taken properly pursuant to a medical doctor's prescription.
Examples of prohibited drugs include but are limited to:
Amphetamines
Anabolic Steroids
Barbiturates
Benzodiazepines
Cannabinoids (Marijuana)
Cocaine and related substances
Codeine
Methaqualone
Morphine
Opiates
Phencyclidine (PCP)
2

3. The following NCAA by-laws concerning the use of tobacco products
are hereby adopted and incorporated as a part of this Drug Policy:
NCAA by-law 17.1.12 states "The use of tobacco products by a
student-athlete is prohibited during practice and competition. A
student-athlete who uses tobacco products during a practice or
competition shall be disqualified for the remainder of that practice or
competition." This shall apply to other student-participants as defined
in Section I D. Further, NCAA by-law 11.1.7 states "The use of tobacco
products is prohibited by all game personnel (e.g. coaches, trainers,
managers, and game officials) in all sports during practice and
competition."
Finally, NCAA by-law 30.14.19 states "No player, coach, or game
official may use any form of tobacco during practices or games in
NCAA approved summer baseball leagues."
4. The following Missouri Western State University rule, as stated in the
Student Handbook under Section entitled "General College Rules and
Regulations", shall be adopted and incorporated as a part of this Drug
Policy: "It shall constitute a rule violation to possess, use or participate
in an activity involving, on University property or at any University
sponsored or supervised function, alcoholic beverages." Violation of this
rule will subject the involved student-participant to the rules of procedure
in student disciplinary cases as described in the Student Handbook. Also,
illegal alcohol use, resulting in a misdemeanor or felony conviction, will
subject a student-participant to the sanctions outlined in Section VI A &
B. For example, the first misdemeanor or felony conviction regarding
alcohol use will be treated as a first incident under Section VI A. A
second misdemeanor or felony conviction regarding alcohol use will be
treated as a second incident under Section VI B.
IV. DRUG TESTING
A. Consent Statement And Random Testing.
1. All student-participants will be given a copy of this policy. The studentparticipants
will be required to sign, in advance, indicating they
understand the policy and are willing to comply with its provisions,
including drug testing. If a student-participant is under the age 18,
his/her parents/guardians will also be required to sign the consent
statement.
2. Student-participants will be tested periodically on a random basis or
based on reasonable suspicion of illegal drug use (probable cause).
B. Probable Cause.
3

1. In addition to the random testing provided for in Section IV A.2, specific
individuals may be tested when probable cause exists to suspect illegal
drug use. Probable cause will be determined by the Director of
Athletics, Head Coach, or Head Athletic Trainer. The University’s
determination of probable cause is final.
2. Selection for probable cause testing may occur at any period during the
academic year, whether or not a student-participant is actively engaged
in intercollegiate competition at the time.
C. Drug Test Notification And Failure To Appear.
1. All student-participants, including the individuals to be tested when
probable cause exists, will be notified at least eighteen (18) hours prior
to the drug test.
2. Failure to appear for testing or failure to provide a sample will be
considered to be willful refusal to comply with this policy.
3. Prior to testing, individuals will have the opportunity to provide evidence
of prescription or over-the-counter drugs that they are using under the
direction of their physician or for legitimate treatment of some ailment or
condition.
D. Specimen Collection.
1. Drug testing shall consist of the collection of a urine sample from the
student-participant under the direct supervision of trained personnel.
E. Urine Sample Analysis, Notification, And Confidentiality.
1. Analysis of urine sample shall be performed by a laboratory contracted
by the University to do such testing. Each urine sample shall be
analyzed for the presence of prohibited drugs using an initial KIMS
(Kinetic Interaction of Micro Particles in a Solution).
2. All samples having positive results, indicating the presence of prohibited
drugs or their metabolites, will be further analyzed using a gas
chromatography/mass spectrometry (GAMS) confirmation test.
3. The testing laboratory shall report all test results to the Medical Review
Officer (MRO). The MRO reviews all test results and reports to the
Director of Athletics, Missouri Western State University, within one week.
A positive result shall mean a test indicating, in the opinion of the
laboratory performing such testing and the MRO, the presence of
prohibited drugs or their metabolites in the student-participant's urine.
4

4. All results of testing are to be considered confidential student records
and, with the exceptions stated in this policy, will not be released
except as allowed or required by law.
V. NOTIFICATION TO PARTICIPANT OF POSITIVE TEST RESULT AND
GRIEVANCE PROCEDURE
A. Written Notification.
1. A student-participant who has tested positive during either a first
positive or a second positive test, will be notified in writing of the test
results and of the proposed action to be taken by the Director of
Athletics as described in Section VI, EFFECTS OF POSITIVE TEST
RESULTS.
B. Drug Policy Grievance Committee.
1. Prior to other remedial action detailed in Section VI, EFFECTS OF
POSITIVE TEST RESULTS, student-participants who dispute the test
results and/or actions will have an opportunity to be heard by personal
appearance before the Drug Policy Grievance Committee.
2. The Drug Policy Grievance Committee shall consist of the Executive
Vice President or his/her designee, the Head Athletic Trainer, and the
Director of Athletics.
C. Request For Hearing To Dispute Test Results.
1. A student-participant must notify the Director of Athletics of his or her
desire to be heard within 24 hours after receipt of the notification of
positive test results. The Director of Athletics will then arrange a closed
hearing before the Drug Policy Grievance Committee and notify all
parties of the time and location of the hearing. All members of the
committee must be present in order for the hearing to proceed. The
student-participant's parents/guardians will not be notified of the hearing
by the College but may attend at the request of the student-participant.
D. Drug Policy Grievance Committee Hearing Procedures.
1. At the hearing, the student-participant will have the opportunity to
present information or evidence relevant to the charge of a positive test
result which may include mitigating circumstances or information
refuting use or possession of an illegal drug.
2. After hearing all information, the committee will deliberate in private to
5

arrive at a final decision.
3. The decision of the committee will be provided in writing to the studentparticipant.
The Director of Athletics shall then take the appropriate
action as described in Section VI, EFFECTS OF POSITIVE TEST
RESULTS.
E. Due Process.
1. The student-participant shall be accorded all rights of due process as
described in the Student Handbook, including the right to appeal the
decision of the committee to the President of the University.
2. If the appeal process for either a first positive test or a second test
does not find in favor of the student-participant, the action directed by
Section VI, EFFECTS OF POSITIVE TEST RESULTS, shall be
implemented.
VI. EFFECTS OF POSITIVE TEST RESULTS
A. First Incident
1. The Director of Athletics, his or her supervisor, Head Coach, studentparticipant,
and his or her parents/guardians will be made aware of the
first incident result.
2. The student-participant will be required to seek professional counseling
independent of the athletic department. The student-participant may
utilize the professional counseling services of the MWSU Counseling
Center or an off-campus service. Financing for said counseling at offcampus
sites shall be the student-participant's responsibility.
3. Student-participants required to seek professional counseling must
verify their participation with written documentation from the provider.
4. The student-participant will be required to be tested periodically at the
direction of the Director of Athletics.
5. Should a student-participant fail to participate in the required counseling
or refuse subsequent testing, it shall be treated as a second incident.
B. Second Incident
1. The Director of Athletics, his or her supervisor, Head Coach, studentparticipant,
and his or her parents/guardians will be made aware of the
second incident result.
6

2. Participation in athletic competition shall be suspended for ninety (90)
days and subject to NCAA regulations during the remainder of the
student-participant's career at Missouri Western State University. The
Director of Athletics reserves the right to reduce the length of the
suspension based on individual circumstances.
3. The student-participant will be required to be tested periodically at the
direction of the Director of Athletics.
4. Should a student-participant fail to participate in the required counseling
or refuse subsequent testing, it shall be treated as a third incident.
C. Third Incident
1. The Director of Athletics, his or her supervisor, Head Coach, studentparticipant,
and his or her parents/guardians will be made aware of the
third incident result.
2. A student-participant who tests positive for a third time for prohibited
use of drugs will lose the privilege of participating in intercollegiate
athletics at Missouri Western State University. In addition, the studentparticipant's
athletic grant-in-aid will be canceled immediately.
DRUG SCREENING CHAIN OF CUSTODY PROCEDURES
1. Collector or MWSU staff verifies Donor identification (e.g., driver's license with picture).
Collector should complete Part I of Chain of Custody/Consent Form.
2. Donor completes and signs Chain of Custody/Consent Form for the urine collection.
3. Collector allows Donor to select a urine specimen collections kit. Donor follows urine
collection procedures as described on kit.
4. Collector will supervise a controlled area where the Donor will void into a collection
cup.
5. All collections will be non-witnessed (unobserved).
6. If the collector believes a specimen has been tampered with, is not within the
appropriate temperature range, adulterated, or diluted by the donor, the collector may
require a second specimen be given under direct observation.
CHAIN OF CUSTODY AFTER SPECIMEN LEAVES COLLECTION SITE
7. Specimens are sealed in the presence of the donor.
8. Specimen is then shipped via overnight mail or laboratory courier to the reference
7

lab.
9. The reference lab will break the initialed specimen container seals and open the
specimen for testing. Each lab employee who handles the specimen will initial and
date the chain of custody form. This procedure documents who and why the
specimen was handled.
10. Any specimen which arrives at the lab with the seals broken, tampered with, or absent
will not be tested.
11. The laboratory then reports results to the Medical Review Officer (MRO).
12. The MRO reviews all test results and reports to the Director of Athletics, Missouri
Western State University.
13. All specimens are tested using an initial screen test. The screening test uses a KIMS
(Kinetic Interaction of Micro Particles in a Solution) methodology. This test is a
presumptive test and only detects the presence of a substance not the quantity of the
substance.
14. ALL specimens that test positive will be tested again using a confirmatory test. The
confirmatory test uses GC/MS (Gas Chromatography/Mass Spectrometry). The test
identifies the drugs fingerprint and provides quantification. Specimens that test
positive will be kept in storage at the lab for two years.
8