INTRODUCTION
 
The improper use of drugs has become a matter of deep concern within our society and is particularly a focus of attention and importance at Howard Payne University.  Many lives are being damaged, and in some cases destroyed by drug abuse.  In addition, the criminal behavior occurring simultaneously with the use of drugs has reverberating consequences that damage and devastate family, colleagues, and friends.
 
Of particular concern is drug abuse by student-athletes.  They are often subject to performance, social and personal pressures that may make them vulnerable to this dangerous activity.  Particularly because they are involved in complex and demanding social activity, drug use for them is a peril that must be avoided.
 
The University is committed to help its student athletes avoid the hazards and consequences of illegal drug use. To this end, this program on drug education, testing and deterrence is designed specifically for the members of our intercollegiate athletic programs.
 
PURPOSE
 
This policy has been created to assist Howard Payne University student-athletes who have issues with drug abuse.  While there are penalties associated with our the drug testing program, our mission is to identify affected student-athletes and get them the help/counseling needed to deal with their issues and assure that student-athletes represent the University in intercollegiate athletics with a high degree of integrity.  This policy is consistent with the broader mission of Howard Payne University of shared values of academic excellence and Christian integrity. Also, it is consistent with the intent of the NCAA to insure that athletic competition is not tainted by the use of performance enhancing drugs or other banned substances.
 
PROGRAM GOALS
           
There are four goals of this drug education, testing and deterrence program. These goals are (1) to provide and promote an educational program that informs student athletes about drugs and drug abuse; (2) to assist in identifying the student athlete who is a substance abuser through a screening program based on periodic testing designed to reveal the use of drugs; (3) to deter student athletes from misusing drugs; and (4) in appropriate cases, to discipline or remove from our athletic programs any student athlete who is found to have violated the requirements of this policy.
 
PROGRAM COMPONENTS
           
 Education.            
A critical part of this program is education provided to student-athletes about the effects of drug use and the importance of avoiding all involvement in prohibited uses of drugs.  Each member of every intercollegiate athletic team at the University will be required to participate in specific drug education activities. These activities may be scheduled in large group, team or small group settings. Failure to attend or participate in required education activities may result in sanctions.
           
B.  Testing.
 
Any Howard Payne student-athlete who participates in intercollegiate athletic opportunities, regardless of the sport or activity, is eligible to be drug tested.  Such tests may be conducted randomly, or on individuals selected “for cause” by any Athletic Department staff member or Howard Payne Administration. The testing will be administered at any time selected by the University.  Athletes chosen to partake in the testing will not be given advance notice. Athletic Officials may notify the student-athlete’s parents or guardians of the positive test result by phone or other means.  
 
Banned Substances
Those substances selected by the NCAA.  A current list will be provided to all student-athletes at the time of their first team meeting with an athletic training staff member and is also available on the NCAA website.
 
Consent Form
Each student-athlete will receive a consent form authorizing drug testing.  Student-athletes will not be eligible for participation on a Howard Payne University athletic team/activity without a signed and dated copy of the form on file in the Athletic Training Department each year.  This form may be printed and signed or signed electronically.
 
ADMINISTRATION
 
Drug Testing Program
1.         All student-athletes at Howard Payne University are subject to full athletic program drug testing and randomized drug testing program.  Drug testing will occur during the academic year and may include both in-season and out-of-season testing.
 
2.         Each head coach will provide the drug testing supervisor with a complete list of all student-athletes who will be engaged in the intercollegiate athletic program of Howard Payne University.  Each head coach will be responsible for promptly notifying the drug testing supervisor of any change in the list.
Individual Drug Testing Program
1.         A student-athlete who has a confirmed positive test for drug use may be subsequently tested on an individual basis during the academic year at the discretion of the Head Coach or Athletic Director as long as the student-athlete expresses an intent to participate in the future in the University’s intercollegiate athletic program.
 
2.         The Athletic Director and/or Head Coach may have an individual tested for drugs if there is a reasonable suspicion to believe that a student-athlete is involved in some form of drug abuse, that individual may be tested for drugs.
 
Drug Testing Process
1.         Urine samples will be collected at a designated location for each testing date, or designated off-campus testing facility under the direction of the head athletic trainer, authorized medical personnel, or by other qualified professional personnel designated for that purpose by the University.  The samples will be collected with a representative of the University or professional personnel observing the student-athlete to ensure adequacy and proper handling of the sample consistent with maintaining the integrity of the testing process.
 
2.         If a student-athlete refused to provide a sample of urine for drug testing, the refusal shall be treated as a positive test result. If a student-athlete is not able to provide a sample at the time of notification, he/she must provide the sample before leaving the athletic facility at which he/she was notified of the drug test.  Failure to provide a sample before leaving the facility may be treated as a positive result.
 
3.         After the sample is collected, the sample will be screened for any or all banned substances as defined by the NCAA. Samples that screen positive for banned substances will cause the student-athlete to be sent to an independent drug testing company approved by the President of the University or his designee for further testing. If the student-athlete admits to using a banned substance and/or does not disagree with the screening results, no further testing will be conducted on the sample.
 
4.         The student-athlete will go immediately to the drug testing company if screening takes place during normal business hours. If the screening occurs outside of normal business hours an appointment will be made with the drug testing company at the earliest available time.
 
5.         No action will be taken by the University’s Athletic Department on the basis of the positive results of a screening before the results have been confirmed by the designated independent drug testing company, unless the student-athlete admits and/or does not disagree with the screening results. If the drug testing company determines the test to be negative, no action will be taken by the Athletic Department.
 
SANCTIONS
 
1.Failure to execute the consent form or to undergo the required drug testing will render the student-athlete ineligible to participate in the intercollegiate athletic program at Howard Payne University until such time as the student-athlete satisfactorily completes the required drug testing and may, at the discretion of the athletic director, be considered a First Offense.
 
2.The athletic sanctions for confirmed positive results of unauthorized or illegal drug use are set forth below:
      ***Please note that these sanctions are for a playing career, not per year.***
 
A.  First Offense
The student-athlete will be immediately suspended from competition for no less than 10% of the competitive season.  If there is less than 10% remaining in the current season, the penalties will carry over to the following season until the appropriate penalty has been served.  Participation in other team-related activities (practices, workouts, conditioning, and study hall) will be permitted.  The student-athlete may also be required to attend counseling sessions as directed by the Howard Payne Counselor.  After returning to competition, once the suspension has been served, the student-athlete must also pass subsequent drug tests for the remainder of the academic year and prior to the next season. The Athletic Director or designee will determine the frequency of testing.
 
B.  Second Offense
The student-athlete will be immediately suspended from further competition/participation on any Howard Payne University sports team/activity for the remainder of their academic year.  Furthermore, the test results will be forwarded to the University’s Dean of Student Life for sanctioning within the Howard Payne University student disciplinary system which may include, but not limited to, counseling, community service, loss of campus privileges, and suspension from the University in addition to those imposed by Athletic Department.
If the second offense occurs after the playing season has completed, the student-athlete will be suspended for the next athletic season, or a period of the next season as determined by the Athletic Director.
 
C.Third Offense
The student-athlete will be immediately suspended from further competition/participation on any Howard Payne University sports teams/activity for the remainder of their academic career. The test results will be forwarded to the University’s Dean of Student Life for sanctioning within the Howard Payne University student disciplinary system.
 
Temporary suspension from competition pending a final decision. 
 
Where a student-athlete is scheduled to engage in intercollegiate competition before the Athletic Director can issue a decision, or before any appeal may be heard and concluded, the Athletic Director or designee may impose a temporary suspension from competition.  Temporary suspension may be imposed after the Athletic Director or designee (1) meets with the student athlete, (2) explains what the alleged violation is and what evidence exists, (3) allows the student athlete to explain, deny, or rebut, and (4) the Athletic Director or designee determines the evidence is strong enough to warrant a hearing and a suspension until a decision on the hearing.  The temporary suspension may remain in place, in the Athletic Director’s discretion, until there is a final decision based on the hearing and any appeal. 
 
NOTIFICATION
 
The student-athlete, Athletic Director, Head Coach, and Head Athletic Trainer will be notified of a positive test. 
 
Before the imposition of a sanction of suspension longer than one week, removal from participation in intercollegiate athletic activities, or removal from the athletic team the following procedures will be followed:
           
1.  Written notice
           
The student-athlete will be given written notice by the Athletic Director of the intention to impose one or more of the sanctions listed immediately above, the reasons for the proposed action, and the right of the student athlete to request a hearing. 
           
 2.  Exception to the Notice Requirement:
           
If the proposed sanction is based on a preliminary determination of improper drug use that may threaten the health of the student-athlete other student-athletes or other members of the institutional community, all athletic participation, training, practice, and competition shall be stopped immediately. A medical determination will be made as to whether the athlete is fit and able to resume safe participation in athletic activities.  This medical determination, designed to protect the health of the student-athlete, other student-athletes or other members of the athletic community, shall be made as promptly as possible.  Any information supplied by the student athlete to medical personnel incident to making such a determination shall not be admissible in any institutional disciplinary process.
           
3.  Request for hearing or waiver of hearing 
           
To obtain a hearing the student athlete must submit a written request to the Athletic Director within five (5) calendar days after receiving the written notice. If the student athlete does not request a hearing within this five (5) day time, or if the student wishes to waive the hearing and so signifies in writing, the proposed sanctions may be imposed immediately.  No institutional hearings or appeals will thereafter be available.             
           
4.  Hearing
           
            a. The Hearing Committee
           
If the student-athlete requests a hearing, a standing committee of three persons appointed by the Athletic Director shall conduct a hearing.  No officer, administrator, employee, or agent of the Athletic Department shall be eligible to serve on such a committee. 
           
            b. Hearing Procedure
           
1.  The hearing shall be convened within seven university business (7) days after it is requested.  The hearing shall be closed to the public. The student-athlete may be accompanied by a person of his or her choice, who may observe but not participate in the hearing. 
2.  The Director of Athletics, or his/her delegate, may attend the hearing and may be accompanied by an observer of his or her choice.
3.  No attorneys may participate in the hearing except as an observer.
4.  The Head Athletic Trainer or designee shall present evidence in support of the alleged violation of this policy.
5.  The student-athlete must be given an opportunity to question this evidence and to present witnesses and documentary evidence, provided that the evidence is relevant to the alleged violation and not unduly repetitious. Witnesses may be sequestered during their testimony.
6.  The Head Athletic Trainer shall have the burden to prove by a preponderance of the evidence that a violation of this policy did in fact occur.
7.  At the conclusion of the evidence, the committee will excuse all parties and witnesses and then will deliberate to determine whether a violation occurred.  This determination must be based solely on the evidence presented at the hearing.
9.  Within three (3) days after the conclusion of the hearing, the committee shall report its recommended findings of fact and proposed sanctions to the Athletic Director.
10. The Athletic Director shall make the final determination of whether a violation occurred and if so what sanction should be imposed.
 
APPEALS PROCEDURE
 
1.An appeals procedure will be available to any student-athlete who has been
found to have a prohibited substance in his or her sample but denies or challenges such finding.  The appeal must be filed in writing with the Dean of Student Life within five working days of the notification of the results of the laboratory drug test.
 
2.The appeal will be heard by the Dean of Student Life under the procedures for
handling appeals on disciplinary action as published in the University’s STUDENT HANDBOOK.  The hearing procedures which shall be closed unless requested to be open by the student-athlete, shall afford the student-athlete the opportunity to present information in his or her defense and to challenge evidence and testimony against him or her before the hearing officer.  The student-athlete shall bear the burden of proving his or her case by a preponderance of the evidence.  Following the hearing, the Dean of Student Life shall rule in a timely manner on the validity of the test results and other relevant issues which may be raised.
 
CONSENT
           
The student-athlete shall receive, read, and consent to this policy prior to participation in athletic activities.  This consent will be signified by the student athlete’s signature affixed to a consent form containing the following statement:
           
I have received and read the University’s Drug Education, Testing and Counseling Policy. I have been given the opportunity to ask questions about this policy.  I understand this policy and my responsibilities under its provisions.  I agree to abide by all of the requirements of the policy and this decision is voluntary on my part.  I further understand that my participation in intercollegiate athletics is contingent on my adherence to this policy.
           
The form shall be dated and signed by the student athlete and by the student athlete’s parent or guardian if the student athlete is a minor under Texas law.  The form may be in paper form or electronic format.
 
PRIVACY OF INFORMATION
 
Howard Payne University and its authorized agents who are responsible for conducting and monitoring this drug screening program will take every reasonable precaution to protect the privacy of the student-athletes who are participating in the drug tests and the information obtained from the tests. Information disclosed by testing will be restricted to personnel responsible for administering and monitoring the program or otherwise as authorized by the above federal and state statutes.  No other release of the information is to be authorized except as designated by these policies and procedures without the student-athlete’s written consent or appropriate legal process.  However, the University and its agents will not be responsible for any unauthorized information which may be released by the student-athlete or by other individuals over whom the University has no authority or control.