Ohio Admin. Code 3344-48-05 - Effect of positive test results
(A) Any student-athlete who tests positive
for a banned substance, who refused
refuses to submit or fails to take a required
drug test as described in this policy, or is
involved in any other drug-related offense, shall be subject to the
sanctions listed in this rule.
(B)
Positive drug test results or other drug related
offenses (using the NCAA threshold values) are cumulative throughout a
student-athlete's career at Cleveland state university.
Furthermore, a positive NCAA drug test shall be
counted as a positive CSU drug test result. Any student-athlete who
tests positive shall be subject to repeated testing throughout their CSU career
(a minimum of one calendar year). A positive test for
cocaine, heroin or PCP will automatically be considered a third positive and
the student-athlete will be removed from participation in Cleveland state
university athletics.
(C)
Notification: the head team physician or designee shall securely receive the
results of all testing via the center for drug free sport,
anonymous, on-line reporting mechanism. All
testing results shall be handled confidentially. The
head team physician or designee shall ask an athletic trainer to decode the
anonymous testing and identify the student-athlete in need of an evaluation
with a team physician. The head athletic
trainer or designee shall notify the student-athlete of a scheduled appointment
to meet with the head team physician or his/her
designee to inform the student-athlete of the positive drug screen.
(D) Once the student-athlete has met with the
team physician to discuss a positive test result, the head athletic trainer or
designee will notify the athletic director, sport supervisor,
athletics compliance office and the head coach.
If the student-athlete is under twenty-one years of age, the student's
parent(s) or legal guardian(s) shall be notified of the positive test results
by the head team physician.
For the safety and well-being of the student-athlete,
the director of athletics may notify the student-athlete's parent(s) or legal
guardian(s) of the positive finding and sanctions if over the age of
twenty-one. Likewise, the director of athletics may inform other university
officials as appropriate. Results of positive drug tests shall be filed
in the student-athlete's CSU medical record and handled according to all
customary confidentiality procedures.
(E) Medical exception: if an athlete tests
positive for a prescription medication, it shall be considered a positive test
until the results are reviewed by the head team physician or designee. Medical
documentation from the treating physician(s) shall be reviewed for evidence to
support the need for use of a banned drug. For medications used to treat
ADD/ADHD, appropriate documentation shall be on file with the Cleveland state
university sports medicine staff prior to being selected for a random drug
screen. ADD/ADHD documentation shall be updated yearly ( see appendix
A
D to this
rule). (Medical marijuana, CBD oils or related
substances are still considered banned substances even with a
prescription).
(F)
Sanctions: since drug use is considered a violation of departmental and team
rules, a positive test result shall have the following consequences:
(1) First positive:
(g)
(f) The
student-athlete shall be subjected to undergo repeated and unannounced
follow-up drug tests for one calendar year from the date of the positive test
result.
(h)
(g)
Based on team rules,
the head coach
The director of athletics,
in consultation with the head coach and/or sports
supervisor, has the discretion to add further sanctions, which may include, but
are not limited to, additional suspensions,
decrease/removal of athletic aid, travel limitations, etc.
Additionally, the director of athletics and/or his/her
designee may suspend or permanently dismiss any student-athlete that tests
positive for a drug that is determined to be detrimental to the health and
safety of the student-athlete, other student-athletes, or athletic department
personnel, on a case by case basis.
(a) The student-athlete shall be required to
meet with the head team physician or designee to discuss the positive drug test
results and for assessment if athlete is in imminent danger to themselves or to
others.
(b) The student-athlete's
parent(s) or legal guardian shall be notified by the
head team physician or designee of the positive result, if under
twenty-one years of age.
(c) The
student-athlete shall meet with the athletic director of
athletics and/or sport supervisor and head coach. Meeting will occur within forty-eight hours of the
student-athlete notification of a positive test, and will be documented by
sport supervisor. Student-athlete will sign the CSU drug testing disciplinary
agreement (appendix E) and will be given the CSU positive drug screen sanctions
form to complete (appendix F).
(d) The student-athlete, at their own expense shall participate in
designated counseling, treatment, and intervention programs as deemed
appropriate by the head team physician, team
psychiatrist and/or CSU counseling center. Failure to comply with the
counselor's and/or head team physician's
treatment plan shall be classified as non-compliant and shall result in a
second positive test. This includes completing the
recommendations in a reasonable time schedule, determined by the team physician
or designee.
(e) The
student-athlete shall be suspended for seven days from
all team activities, including practice, strength and conditioning, film,
training trips, etc, as well as, ten per cent (using traditional,
mathematical rounding to the nearest whole number) of the championship season
of their respective sport, excluding exhibition games
(unless within the seven day period). Under this penalty, the
student-athlete may not participate in any game-day activities, including
pre-game meals, sideline access, travel, etc. These
suspensions will be served immediately, unless determined otherwise by the
director of athletics.
(f) However, the student-athlete
shall be expected to practice and attend strength and conditioning workouts, if
medically cleared. Exhibition games shall not be considered part of the
championship season. Athletes with a positive test result, awaiting sanctions,
may participate in an exhibition game, if medically
cleared.
(2) Second positive:
(a) The student-athlete shall be required to
meet with the head team physician or designee to discuss the positive drug test
results and for assessment if athlete is in imminent danger to themselves or to
others.
(b) The student-athlete's parent(s) or legal guardian shall be
notified by the head team physician or designee
of the positive result, if under twenty-one years of age.
(c) The student-athlete shall meet with the
athletic director of athletics and/or sport supervisor and head coach.
Meeting will occur within forty-eight hours of the
student-athlete notification of a positive test, and will be documented by
sport supervisor. Student-athlete will sign the CSU drug testing disciplinary
agreement (appendix E) and will be given the CSU positive drug screen sanctions
form to complete (appendix F).
(d) The student-athlete, at their own expense shall participate in
designated counseling, treatment, and intervention programs as deemed
appropriate by the counseling center and/or
head team physician, the team psychiatrist and/or CSU
counseling center. Failure to comply with the counselor's and/or head team physician's treatment
plan shall be classified as non-compliant and shall result in a third positive
test. This includes completing the recommendations in a
reasonable time schedule, determined by the team physician or
designee.
(e) The
student-athlete shall be suspended for ten days from
all team activities, including practice, strength and conditioning, film,
training trips, etc; as well as for thirty per cent (using traditional,
mathematical rounding to the nearest whole number) of the championship season
of their respective sport excluding exhibition games
(unless within the ten day period). Under this penalty, the
student-athlete may not participate in any game-day activities, including
pre-game meals, sideline access, travel, etc. These
suspensions will be served immediately, unless determined otherwise by the
director of athletics.
(f)
The student-athlete shall be subjected to undergo repeated and unannounced
follow-up drug tests for one calendar year from the date of the positive test
result.
(g)
Based on team rules, the head coach
The director of athletics, in consultation with
the head coach and/or sport supervisor, has the discretion to add further sanctions, which
may include, but are not limited to, additional suspensions, decrease/removal of athletic aid, travel limitations, etc.
Additionally, the director of athletics and/or his/her designee may suspend or
permanently dismiss any student-athlete that tests positive for a drug that is
determined to be detrimental to the health and safety of the student-athlete,
other student-athletes, or athletic department personnel, on a case by case
basis.
(3) Third
positive: a student-athlete who has had two previous positive drug tests, has
undergone drug counseling and has a third positive test shall be permanently
banned from the
participation in intercollegiate athletics at
Cleveland state university and will not be eligible for reinstatement, and any
athletic grant-in-aid shall be revoked.
(G) There are financial considerations that
pertain to the sanctions of a positive drug test.
(1) Payment for an intake evaluation by a
counselor
designated medical provider to assess the
student-athlete's individual situation and determine the appropriate follow-up
treatment plan shall be the responsibility of the
student-athlete
may be provided at no cost by
the department of athletics.
(2) Any outside
designated counseling, treatment and/or intervention programs deemed
appropriate by the counseling center and/or
head team physician, team psychiatrist and/or
counseling center shall be sought through the student-athlete's primary
health insurance plan and may be determined to be the
full financial responsibility of the student-athlete.
(3) In the event a student-athlete
does not have primary health insurance and proves that neither they nor their
family have the financial resources to cover the recommended treatment, the
athletic director may convene a committee comprised of athletic department
members and sports medicine staff to explore options for
management.
(H) Missing scheduled appointments and
counseling: student-athletes shall comply with the schedule of appointments
with physicians and counselor(s) and those of the
judicial affairs office
within the treatment
plan. If the student-athlete is not able to keep the appointment, they
shall cancel and reschedule the appointment by nine a.m. the day of the
appointment. Failure to do so shall result in an additional positive
test.
(I) Drug violations outside
of the CSU drug education and screening program:
(1) Any CSU student-athlete who is found to
be under the influence of any illegal/banned substance by local or campus
police, either on or off campus, may be subject to possible criminal penalties,
CSU judicial penalties
sanctions, and CSU department of athletics
sanctionsfor drug use/abuse as outlined in this
policy.
(2) This includes,
but is not limited to, drug or alcohol-related arrests or infractions,
violations of the student judicial code of
conduct, violations of campus residential policies, unlawful alcohol
procurement and drug distribution.
(3)
An
alcohol-related charge of DUI, conviction or plea of guilty to such charge by
any student-athlete will result in the sanctions imposed herein for positive
drug tests. Each DUI charge, conviction or plea of guilty will be viewed as a
separate offense and are cumulative. Other alcohol-related citations (MIP, open
container) may result in sanctions as deemed appropriate by the director of
athletics and/or the head coach.
Notes
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3344
Prior Effective Dates: 04/13/2006, 02/17/2014, 03/09/2015
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