Drug Testing Collegiate
Student-Athletes
A HISTORICAL PERSPECTIVE,
IMPACT ON CASE LAW,
&
RECOMMENDATIONS FOR THE FUTURE
ALLISON L. VENELLA
Agenda
 Why Drug Test?
 History
 Area’s of Law Impacted
 Cases and Laws
 Case Studies
 NCAA & Institutional Policies
 Current News and Recommendations
 Fun Facts
 Summer 2012 Olympic Games
Why Drug Test College Athletes?
NCAA Drug Testing Program:
•“Ideals of Fair and Equitable Competition at
Championship and Postseason Events”
•so that no one competitor have an advantage
over their competition
•Health and Safety of College Athletes
•as individuals, as members of teams, and as
competitors
•Ensure the Integrity of College Athletics
History of Drug Testing
 1960’s-International Olympics Committee (IOC)
 Recognition of problem
 1983-IOC-Pan American Games in Caracas, Venezuela
 Drug testing begins
 1986-NCAA 80th Annual Convention
 Vote to start drug testing at NCAA Championships
 1986-Len Bias and Don Rogers
 Two tragic deaths
 1999-National Center for Drug Free Sport
Landmark Cases
 High impact area’s of Case Law—Supreme Court Decisions

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New Jersey v. TLO (1985)
Skinner v. National Railway Labor Execs (1989)
National Treasury Employee’s Union v. Von Raab (1989)
Vernonia School District 47j v. Acton (1995)
Board of Education of Independent School District #92 of
Pottawatomie County v. Earls (2002)
Legal Questions
 Ramifications of Drug Testing
 VIOLATION OF CIVIL RIGHTS?
 14th Amendment- Due Process
State and local government action
 Supreme Court State Action Theories (3)
 Public Function Theory
 Entanglement Theory
 Encouragement Theory


4th Amendment – Search and Seizures

Unlawful Search and Seizures & Student Privacy Issues
 Reasonableness Test
Case Studies
 NCAA State Actor Case- is there state action?
 Arlosoroff v. NCAA and Duke University (1984)
 NCAA Search and Seizure Cases
 University of Colorado v. Derdeyn (1993)
 Hill v. NCAA (1994)
 Brennan v. Bd. of Trustee’s for University of Louisiana System
(1997)
Private vs. Public Institutions
 Constitutionality of Public School Drug Testing
Procedures
 NCAA’s Statement on Institutional Drug Testing
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How to create and maintain testing policy
Concerns to keep in mind
State specific laws
 Constitutional and logistical

Current State of the Law
 1994-Improving America’s School Act (IASA)
 Safe and Drug Free Schools
 2001-No Child Left Behind (NCLB)
 Title IV, Part A; Federal Funding
NCAA Drug Testing Policy
 Adopted in 1986
 Mandatory Drug Testing of Student-Athletes
 Table of Contents:
NCAA Banned Drug List
 Medical Exceptions
 Alcohol, Tobacco and Other Drug-Education Guidelines
 Drug Testing Program and Protocol
 Drug Testing Legislation (NCAA Bylaws)
 Institutional Drug Testing

 Drug Testing Forms

http://www.ncaa.org/wps/wcm/connect/public/NCAA/Health+and+Safety/Drug+Testing/
Drug Testing Procedures
The NCAA must weigh the following issues
regarding to drug testing student-athletes:
 Private Information & Privacy Issues
 Consent Forms
 Chain of Custody

http://www.youtube.com/watch?v=W40fOG-uKyo
 Positive Test Results
 Eligibility Status
BIG EAST Conference
 Mission Statement:
 “The BIG EAST Conference promotes healthy competition and
academic integrity.”

“Promote and cultivate intercollegiate athletics programs which
foster integrity, healthy competition and the pursuit of excellence
in academic environments.”
 Drug Testing: no official conference-wide policy
 NCAA: administers drug tests at Conference
Championships
Villanova’s Drug Testing Policy
 Written Delivery of Policy

Policy Purpose:
“Villanova University is committed to maintaining an environment that encourages
student-athletes participating in intercollegiate athletics and club sports to avoid the
abuse and or illegal use of alcohol, as well as the unauthorized use of controlled
substances and performance affecting drugs. Systematic drug testing is instrumental
in helping to ensure the health, safety and welfare of student-athletes, while also
promoting fair competition in intercollegiate athletics.’
 Beginning of the Year Compliance/Team Meeting
 Verbal Communication & Consent Forms
 Drug testing policy posted on villanova.com

http://www.villanova.com/auto_pdf/p_hotos/s_chools/nova/genrel/auto_pdf/vu-drug-policy
“Substance Use”
 NCAA Study
 January 2012 Publication: “National Study of Substance Use
Trends Among NCAA College Student-Athletes.”

General Findings about Drug Testing and Drug Testing Beliefs
 2009-2010 NCAA Drug Testing Results

http://www.ncaa.org/wps/wcm/connect/public/NCAA/Health+and+Safety/Drug+Te
sting/
Headline News-Spring 2012
18 Arrested in TCU Drug Bust
Fort Worth police misidentify man in one arrest warrant
By: Frank Heinz
Thursday, Feb 16, 2012 | Updated 11:34 AM CDT
NBCDFW.COM
Four TCU Football Players Arrested in Drug Bust
By: Gregory Kreig
Feb 15, 2012 1:53pm
Abcnews.com
Drug use at UTEP rising, student athletes suspended
By: Natalie Tripp
Posted: 3:44 p.m. Wednesday, Jan. 25, 2012
Kfoxtv.com
Drug-test scandal the latest mess for 'Cuse
BY: DICK WEISS
Monday, March 05, 2012
NYDAILYNEWS.COM
“Our student-athletes are a microcosm of society and unfortunately that means some of our players reflect a
culture that glorifies drugs and drug use.”– TCU AD Chris Del Conte
How is this going to get better?
 Recommendations:
 NCAA to Individual Institutions: you must have a policy in
place (consistent with state laws)
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NCAA to create a way for funds and education to be available for
schools who can’t afford drug testing
Institutional consistency makes for level playing field
Integrity violations (i.e. Syracuse, TCU): sanctions like APR?
Final Thoughts
 Why this topic?
 Media Spotlight
 The good and the bad
 Technology
 Social Media
 How to escape positive drug test results websites
Summer 2012 London Olympics
•The most advanced technology & drug testing in the history of the games
•5000 urine and blood tests
•Random sampling of all Medalists
•Specifically on high alert: HGH testing
•Ensure the integrity of the games
“It would be foolish to say these Olympics would be drug-free, but my advice to athletes is
if they take the risk, they will get caught. With 50% of the athletes being tested, anybody
who does try to cheat will stand a good chance of detection.”
-Prof. David Cowan
Thank you!
“In order to win the war against drugs,
we must not sacrifice the life of the
Constitution in the battle.”
District Judge Sarokin
Capua vs. City of Plainfield