/Institutions/Cumberland-University/json/2022-2023/University-Policy-local.json

/Institutions/Cumberland-University/json/2022-2023/University-Policy.json

Policy > Athletics Handbook > Coaches > Policies > Effect of Positive Test Results

Effect of Positive Test Results

• First Positive:

  • If a student‐athlete has a positive test result for the first time, the individual will meet with the Director of Athletic Training and/or the Head Athletic Trainer, Head Coach, and the Director of Athletics to discuss the test results.

  • The Team Physician shall also be notified.

  • The athlete will be deemed medically ineligible to participate in athletic activity until such time as the level of substance dependency has been determined, drug education and counseling has been successfully completed, and the athlete has been deemed medically eligible to participate in athletic activity by the Team Physician and/or Director of Student Counseling Services. This period shall not be less than 10% of eligible competitions in the current season of competition. Should there less than 10% of eligible competitions remaining in the season of competition and/or during the off‐season, the difference shall be completed in the following season of competition. If the athlete is being red‐shirted during the season in which they test positive the 10% suspension will be effective during the next season of competition.

  • The athlete's parent(s), legal guardian(s), or spouse will be notified of the positive test result as a means of obtaining parental assistance in the prevention of further illicit drug use.

  • The cost of evaluation and counseling/education and any follow‐up testing will be the sole responsibility of the athlete.

  • Failure to participate in evaluation or counseling or meet any other provisions as established by the Team Physician and/or Director of Student Counseling Services will be treated as a second positive.

  • The student‐athlete will be subject to selective testing for the remainder of their athletic eligibility and/or as long as he/she is receiving athletic‐related financial aid. This testing may be conducted by an outside agency or lab, as determined by the Team Physician and/or Head Athletic Trainer.

• Second Positive:

  • If a student‐athlete has a second positive test result or is declared a second positive by any provision of this policy, the individual will meet with the Director of Athletic Training and/or the Head Athletic Trainer, the Head Coach, and Director of Athletics to discuss the test results.

  • The individual will be declared medically ineligible to participate in athletic activity. This period shall not be less than 50% of eligible competitions in the current season of competition. Should there be less than 50% of eligible competitions remaining in the season of competition and/or during the off‐season, the difference shall be completed in the following season of competition. If the athlete is being red‐shirted during the season in which they test positive the 50% suspension will be effective during the next season of competition.

  • The student‐athlete will not be reconsidered for eligibility until a long‐term in‐patient or out‐patient substance abuse program has been successfully completed, as determined by the Team Physician and/or Director of Student Counseling Services.

  • The cost of evaluation and counseling/education and any follow‐up testing will be the sole responsibility of the athlete.

  • The student‐athlete shall be informed of their right to a hearing prior to imposition of these penalties.

• Third Positive:

  • If a student‐athlete has a third positive test result or is declared a third positive by any provision of this policy, the individual will receive a dismissal from their athletic team and the third positive will also result in loss of athletic scholarship.

Hearing Procedures

1. The student‐athlete must submit to the Director of Athletics a written request for a hearing within 5 days after notification of a second positive. Failure to request the hearing will result in a waiver of the right to a hearing. The penalties will be imposed after the 5‐day period has elapsed.

2. The Director of Athletics, or designee, will act as a hearing officer.

3. The student‐athlete will be provided written notice of the test results, the penalties to be imposed, and notification to the time, place, and date of the hearing.

4. Only the student‐athlete, a representative from the Athletic Department, the Athletic Department Appeals Committee, the Dean of Students and the Director of Athletics may be present for the hearing.

5. The student‐athlete will be provided an opportunity to present his/her position regarding the test results and penalties, as well as any related documentation which will assist the hearing officer in determining whether the student‐athlete should be suspended from athletic‐related activity and be subject to cancellation of athletic‐related financial aid.

Following the hearing, the Dean of Students will prepare a brief summary of the hearing, including:

• The names of those persons present at the hearing.

• The date, time, and place of the hearing.

• The test results.

• The position of the student‐athlete.

• The position of the Athletic Department representative.

• A ruling that the penalties should or should not be imposed and the reasons therefore. In the event the Dean of Students rules that penalties should not be imposed, the Dean of Students may impose other sanctions or alternatives.

• The report of the Dean of Students should be completed and forwarded to the student‐athlete, Director of Athletics, and Provost/Vice President of Academic Affairs within 10 days after the conclusion of the hearing.