Duke University Drug Testing Program (Revised 10/2013)
The intent of these policies is to prevent and deter the use and abuse of prohibited substances by student-athletes through education, testing, and professional guidance. Systematic drug testing is appropriate and necessary to ensure the health, safety and welfare of our student-athletes, to promote fair competition in intercollegiate athletics, to affirm compliance with applicable rules and regulations governing drug use, and to identify student-athletes who are improperly using drugs and assist them before they harm themselves or others. Signed consent and notification forms shall be considered confirmation of the student-athlete's agreement to the terms and conditions contained in this policy and shall be a contractual obligation of the student-athlete.
1. Prohibited use of banned substances. Duke University's Drug Testing Program is separate and distinct from the NCAA Drug Testing Program. All student-athletes enrolled at the University are prohibited from using any illegal substances, any prescription medication without an authorized physician's approval, and any substance belonging to any of the classes of banned substances published by the NCAA, and updated from time to time. The classes of banned substances include, but are not limited to: stimulants, anabolic steroids, diuretics (masking agents), street drugs (e.g., heroin, marijuana, cocaine), and peptide hormones and analogues (e.g., human growth hormones and erythropoietin (EPO). The University may test for any substance contained or not contained on the NCAA's list of banned substances, including unlisted compounds that are related to specific drugs listed by the NCAA (i.e., substances that are included in a class of drugs by their pharmacological action and/or chemical structure). In addition, Duke University's institutional drug testing program may use different cut-off levels than the NCAA to determine a positive result. The student is responsible for everything that goes into his or her body; students use all drugs and nutritional or dietary supplements at their own risk. Before taking any drug or supplement, student-athletes should consult with their team trainer or physician.
2. Unannounced drug testing. All student-athletes identified on the NCAA official squad list and all intercollegiate teams will be subject to unannounced, random, reasonable suspicion, team, pre-season, post-season, and follow-up drug testing. All student-athletes will be required to execute a waiver consenting to such testing. Testing may occur at any time, on or off campus, including the preseason, during the regular academic year, and during the summer session.
3. Specimen Collection Procedures. The specimen will be provided by the student-athlete under direct observation by an independent contractor approved by the National Center for Drug Free Sport, Inc. to ensure the integrity of the collection, processing, packaging, and evaluation of the specimen.
4. The consequences of a positive test for street drugs and other classes of banned substances, other than anabolic steroids, peptide hormones and analogues, and diuretics. a. A first positive test for a street drug, or other banned substance, other than anabolic steroids, peptide hormones and analogues, and diuretics, will be treated as a matter calling for evaluation, treatment, and counseling. The student-athlete will be subject to regular unannounced drug testing as part of his or her treatment and will be required to perform a reasonable number of community service hours. As part of a treatment plan, the student may be suspended from competition. A positive test which indicates that the student has used a banned substance during the period of evaluation, treatment, and counseling may be treated as a second positive test, if it is a street drug or other banned substance, other than an anabolic steroid, peptide hormone or analogues, or a diuretic. If the positive test is for an anabolic steroid, peptide hormone or analogues, or a diuretic, it will be treated in accordance with the provision of this policy dealing with a positive test for those substances.
b. A second positive test for a street drug or other banned substance, other than an anabolic steroid, peptide hormone or analogues, or a diuretic, will result in a suspension of eligibility to compete in all intercollegiate competition for at least 50% of the total regular season's contests, to be carried over into the next regular season, if necessary.
c. A third positive test for a street drug or other class of banned substances, other than anabolic steroids, peptide hormones and analogues, or diuretics, will result in the permanent termination of eligibility to compete in all intercollegiate competition at Duke University and the loss of all athletic financial aid.
5. The consequences of a positive test for anabolic steroids, peptide hormones and analogues, and diuretics. The use of anabolic steroids and peptide hormones and analogues is cheating and undermines the integrity of any athletic competition in which the offending student participates. a. A first positive test for an anabolic steroid, a peptide hormone or analogue, or a diuretic will result in a suspension of eligibility to compete in all intercollegiate competition for one calendar year.
b. A second positive for an anabolic steroid, peptide hormone or analogue, or a diuretic will result in a permanent termination of eligibility to compete in all intercollegiate competition at Duke University and the loss of all athletic financial aid.
6. Self-reporting. A student may self-report his or her use of a banned substance, except where it is done to evade an unannounced drug test. When a student self-reports the use of a banned substance, he or she will be tested immediately and will be treated as having tested positive for the banned substance actually used.
7. Additional sanctions. In addition to the foregoing sanctions, the Director of Athletics or coach may treat any violation of this drug policy as student-athlete misconduct and impose appropriate additional sanctions, including the loss of athletic eligibility and athletic financial aid, provided however that the violation of the drug policy is accompanied by other misconduct or the student has engaged in prior misconduct during the current academic year for which he or she was disciplined or put on notice that termination of athletic eligibility and athletic financial aid was being contemplated in the absence of specific improvement.
8. Notice of a violation of this policy. When a student has been found guilty of using a banned substance in violation of paragraphs 3 and 4, above, the Athletic Director, the student's parents or guardians, his or her Head Coach, Head Team Physician, and Head Athletic Trainer shall be notified. The student also may be required to notify his or her teammates of a positive test for a banned substance, except where the student has self-reported the use of the substance under this policy, in which case whether and when others will be notified of the self-reported use of the banned substance will be decided on a case by case basis. The Athletic Director or his or her designee may report a violation of this policy to the Vice President for Student Affairs whenever the Athletic Director determines it is in the best interest of the student or others to do so; provided, however, that the University shall not take any additional disciplinary action against the student based solely upon the Athletic Director's report of a violation of this policy. The Athletic Director should consult with the Vice President for Student Affairs on how and under what circumstances a notice under this provision shall be provided.
9. Labeling of urine samples. All urine samples shall be divided into two parts, Sample A and Sample B. If the student's A sample tests positive for a banned substance, it will be deemed conclusive proof that the student violated this policy, unless the student requests an appeal from the positive test, in the manner required by this policy.
10. Consequences of failing to participate in or cooperate with the drug testing program. All student-athletes are required to comply fully with the drug-testing program created by this policy. a. A failure to execute the drug testing consent form; an un-excused absence from a drug test; or a refusal to provide a sample or the tampering with or manipulation of a sample will be treated as a positive for an anabolic steroid.
b. A failure to provide an adequate sample within a reasonable period of time may result in a suspension of eligibility until the student provides an appropriate sample under circumstances set by the University. If, based upon the written report of the sample collector, the failure to provide a urine sample occurs under circumstances that amount to a refusal to provide the sample, the failure will be treated as a positive for an anabolic steroid. All urine samples actually provided by a student may be tested.
11. Appeal from a positive test. a. Any student who tests positive for the use of a banned substance may appeal to a drug testing appeal board. The request for an appeal must be made in writing within five days of the written notice to the student that his A sample tested positive for a banned substance. If the student requests an appeal, his or her B sample will be tested to confirm the presence of a banned substance. In case of an appeal, the Athletic Director, in consultation with the Chair of the Athletic Council, will appoint a 3-member panel to hear the appeal. The members of the board may include an athletic department administrator, a head trainer or team physician, a faculty member from the Athletic Council, and other members from outside the Duke Athletic Department. The chair of the board shall be a person from outside the athletic department. No person associated with the student's team shall be appointed to the board.
b. The student may appeal on any ground, including on the ground that he or she had "no fault" for the doping violation (i.e., that he or she did not know and could not reasonably have discovered or suspected that he or she was administered or took a banned substance) or that he or she had "no significant fault" (the student's fault or negligence in the totality of the circumstances was not significant in relationship to the doping violation). In the case of no fault, the student will be absolved of the violation; in the case of no significant fault, the board may reduce any suspension by up to 50% of what it otherwise would have been, except in the case of a first positive for a street drug or other class of banned substances, other than anabolic steroids, and peptide hormones and analogues. However, it shall not be a basis for appeal solely that the student unwittingly used a product that contained a banned substance.
c. On appeal, the student will have the burden of establishing his or her defense by clear and convincing evidence.
d. The sanctions authorized by this policy shall not be imposed (a) until the hearing board has decided any appeal by the student; (b) the student has withdrawn the appeal in writing; or (c) the time for the student to appeal has expired.
12. Confidentiality. a. Except as required by law, the University will treat confidentially all information relating to a student's alleged or confirmed use of a prohibited substance, aside from such disclosures to University personnel, parents, guardians, coaches, physicians, trainers and the student's teammates that are required or permitted to be made under this policy.
b. Employees of the University who breach this policy of confidentiality or who disclose information about unannounced random drug testing, such as the dates of such testing and the students or teams subject to testing on a particular date will be treated in the same manner as employees who breach the confidentiality of patients' medical records.
13. Oversight Committee. a. The President will appoint a committee to oversee the program established by this policy. The members of the committee shall include an athletic department administrator, a member of the faculty, a representative from Student Affairs, and a trainer or team physician.
b. The oversight committee will be responsible for determining the appropriate drug screening test to use, the frequency of tests, and the selection process for unannounced testing. The Committee also will be responsible for evaluating the adequacy of all drug educational programs established for student-athletes. Finally, the Committee will be responsible for making an annual report to the President and Athletic Director concerning implementation of this policy. The report shall include any recommendations for modification of the policy, drug educational programs, or sanctions for violating the policy.