Nevada Jt Un HSD | AR 5131.61 Students
Student Athlete Mandatory Random Drug Testing
Drug testing, including testing for the presence of illegal drugs and alcohol, will be required during the term of the athletic activity for students who participate in competitive high school extracurricular athletic activities. The term of the activity in which a student is subject to testing shall be determined by the California Interscholastic Federation's established seasons for each sport. A complete list of covered activities is set forth in Exhibit A.
Prior to participating in any activity covered by this policy, a student, and if the student is a minor (under the age of 18), his/her parent or guardian, will be required to complete and sign the District's Informed Consent Agreement. The agreement will state that the student, and his/her parent or guardian, if applicable, understands that by participation in the extracurricular activity the student agrees to subject himself/herself to the District's drug testing policy. No student will be allowed to participate in practice or competition until this form is completed, signed and on file with the District. One signed form will be sufficient to authorize testing for all covered athletic activities in which a student participates during a given year.
Random testing will be conducted weekly during the term of each sport's season. A percentage, not to exceed 15%, of the students participating in each sports program that is in season will be tested during the season. Teams with fewer than seven (7) students shall have no more than one student selected. The administration will determine the percentage of students to be tested on an annual basis. For purposes of calculating the number of students to be tested, boys' and girls' teams constitute separate programs. Co-ed teams constitute single programs. A program consists of all the teams (varsity, junior varsity, sophomore, freshmen teams, etc.) competing in a particular sport. Students shall be selected for testing by lottery drawing or other random means from a pool of all students participating in a given sports program at the time of the drawing. The individual in charge of selecting students for testing will be an employee from the testing agency, not a District employee. This individual shall take all reasonable steps to assure the integrity, confidentiality and random nature of the selection process including, but not necessarily limited to, assuring that the student identification numbers of all students currently participating in covered activities are included in the pool, assuring that the person drawing names has no way of knowingly choosing or failing to choose particular students for testing, assuring that the identity of students drawn for testing is not known to those involved in the selection process and assuring direct observation of the selection process by the athletic director or principal. The fact that a student athlete is selected for testing will not be confidential since students may see one another at the testing location or walking to or from the testing location. Testing shall occur within 48 hours of the lottery. The student shall be escorted to the location of the test, unless the student refuses to submit to testing, in which case the student shall be subject to the consequences for Refusal to be Tested set forth below.
Scope of Testing
Prohibited drugs include any controlled substance, the use of which is prohibited by Chapter 2 (commencing with section 11053) of Division 10 of the California Health and Safety Code in the absence of a valid prescription, alcohol and any intoxicant, to the extent that students have used any of these substances illegally. Testing will be performed for one or more prohibited drugs and/or their metabolites. A list of the substances for which testing may be performed is set forth in Exhibit B. Students shall not be tested for the presence of any substance other than a prohibited drug or alcohol, nor shall they be tested for the existence of any physical condition other than drug intoxication and/or the presence of prohibited drugs or alcohol in their systems.
The District will schedule all testing. District personnel shall designate a certain area in the high school building as the collection site. Collection sites and scheduling procedures may vary for testing that occurs during school breaks. Initial screening tests will be conducted by personnel provided by an outside testing agency. Those personnel or "test administrators" shall be trained in appropriate procedures for administering the test, recognizing adulteration of samples and evaluating test results.
Students to be tested shall present verification of their identities to the test administrator, if the test administrator does not personally know them. Only a current driver's license or High School I.D. card will be accepted. In the absence of acceptable proof of identification, designated District personnel may verify a student's identity to the test administrator.
Students shall be asked to remove any jackets or coats and to wash and dry their hands prior to collection of the specimen. Students must leave their purses, packs, wallets and similar items outside the collection site to prevent access to adulterants. These procedures must be completed in the presence of the test administrator, who shall be the same gender as the student providing the specimen.
A student shall be given a choice of at least two sealed drug-testing kits. The student's selected kit shall be opened in full view of the student. The student shall then be directed to a private area for production of a urine specimen. All students providing urine samples shall be given the option of doing so alone in an individual stall with the door closed, with the test administrator outside the closed stall door. The collection and testing process shall be performed in a manner that protects student privacy to the maximum extent and ensures the validity and accuracy of the test results.
After testing, the student must immediately present the specimen to the test administrator prior to washing his/her hands or flushing the toilet. The specimen shall remain in the student's visual field while the test administrator conducts the following procedures:
1. The test administrator shall record the temperature of specimen.
2. The specimen shall be sealed and transmitted to a testing laboratory that has been certified or approved as a certified licensed agency for confirmatory testing.
3. The student shall be requested to initial and date a form identifying the specimen as well as specimen container.
If a student is unable to produce a urine specimen at the time for testing, the student will remain under the direct supervision of a District officer or employee until such time as the test is completed.
Initial Test Results
District personnel will make a reasonable effort to notify a minor student's parent that the student has been tested within one school day following the initial test, unless a parent has already been notified of the student's selection for testing prior to the test.
The testing laboratory shall conduct confirmatory testing using techniques that produce reliable results.
For substances other than alcohol, tests shall not be considered positive unless the substance to be tested or its metabolite is present at a level equal to or greater than the cutoff level established by the United States Department of Health and Human Services for that substance in connection with federally-mandated workplace drug testing programs. For alcohol, cutoff levels shall be set to exclude positive tests due to environmental exposure or incidental ingestion of those substances. See Exhibit C for alcohol cutoff levels.
Notification of Confirmatory Test Results
The laboratory shall make a reasonable effort to notify the administration and Student Assistance Program Coordinator of the results of confirmatory testing within one business day following receipt of the test results.
Student Assistance Program (SAP) Coordinator Review
The SAP Coordinator shall review all positive confirmatory test results and shall make a reasonable effort to contact the student and a parent or guardian, if the student is a minor, within one business day of receiving a positive confirmatory test result from the laboratory and offer an opportunity to discuss the test results.
Students may be requested to provide verification of prescriptions or other relevant medical information. Students and their parent or guardian shall be permitted two business days following the SAP Coordinator's initial contact to obtain any needed information and to confer with the SAP Coordinator. The SAP Coordinator shall notify the laboratory of the SAP Coordinator's conclusions within one business day following the SAP Coordinator's conference with the student and his/her parent or guardian or within one business day after receiving notice that the student and his/her parent or guardian do not wish to schedule a conference with the SAP Coordinator or expiration of the time for the student and parent to schedule and participate in a conference with the SAP Coordinator. If the SAP Coordinator is unable to reach either the student or parent/guardian after making reasonable efforts to contact them for three business days, the SAP Coordinator shall notify the laboratory of the SAP Coordinator's conclusions without input from the student or parent/guardian. Test results that the SAP Coordinator concludes are caused by medicine prescribed for the student or by the legal ingestion of any substance, including alcohol, shall be reported as negative.
Notification of SAP Coordinator's Conclusions
The SAP Coordinator shall make a reasonable effort to notify the student and a parent or guardian, if the student is a minor, of the SAP Coordinator's conclusions within one business day following receipt of those conclusions. The SAP Coordinator shall report the name(s) of all student(s) who have been excluded to the District within one business day following receipt of the SAP Coordinator's conclusions. District personnel will also make a reasonable effort to notify students and a parent or guardian, if the student is a minor, of the exclusion within one school day following the District's receipt of the information. Once a student is excluded, then the consequences stipulated by these regulations will be enforced, except as provided below.
The District shall provide a reasonable opportunity for the student and a parent or guardian, if the student is a minor, to comment on or explain a positive test result to the Principal or designee in a confidential setting prior to taking any action to exclude the student from participation in an extracurricular activity. The meeting with the Principal or designee shall be conducted within one school day following notice to the student of a final positive test. If the District is unable to notify a student of a final positive test after making reasonable attempts to do so for two school days, the District shall proceed to impose consequences. A student shall have the right to appeal the Principal's decision regarding an exclusion based on a random drug testing result to the Superintendent or designee. Consequences for positive testing shall not be held in abeyance pending appeals past the Principal's level, unless the Principal or Superintendent determines that unusual circumstances justify holding them in abeyance.
Right to Review Test Results
Students and the parent or guardian of minor or dependent students have the right to review and receive a copy of any records the District maintains related to the student's testing. Written test results will be maintained by the SAP Coordinator for at least six months following testing. If a student or parent/guardian requests written test results in connection with an appeal, the SAP Coordinator shall make every reasonable effort to provide the results within one school day of receiving the request and shall provide them before the Principal's meeting with the student and parent or guardian. Otherwise, the SAP Coordinator shall provide the written results to the student or parent/guardian within five working days of receiving a timely written request for test results.
Refusal to be Tested
Should a student and/or minor student's parent or guardian refuse to permit testing of the student when the student has been selected for random testing under this regulation, the student will be excluded from participation in covered athletic activities to the same extent the student would have been if the student had tested positive, and shall not be permitted to participate in covered athletic activities until the applicable period of exclusion has expired and the student has produced at least one contemporaneous negative drug test.
Alteration or Manipulation of Specimens
The use of substances and methods to alter the integrity of specimens or the validity of test results is prohibited. Examples of prohibited alteration or manipulation include catheterization, urine substitution or adulteration, and modification of renal excretion by the use of diuretics or masking substances or agents. Should a student and/or minor student's parent or guardian alter or manipulate a specimen when the student has been selected for random testing under this regulation, the student will be subject to consequences to the same extent the student would have been if the student had tested positive; additionally, the student shall not be permitted to participate in covered athletic activities until the student has satisfied the conditions to continue participating in athletic activities as specified in these regulations.
The following constitute violations for purposes of imposing consequences on students pursuant to these regulations:
1. Positive test results;
2. Refusal to take a drug test, unjustified delay in reporting for testing, or unjustified failure to produce a specimen for screening;
3. Violation of testing protocols by student;
4. Manipulating, altering or attempting to alter or manipulate the integrity of a specimen or the validity of the collection and testing process.
Any of the foregoing violations will lead to consequences under these regulations, as provided below.
Confidentiality of Test Results
If the District is made aware of testing information, the District will limit disclosure of information acquired through drug testing to the student, the parent or guardian of a minor or dependent student, the test administrator, laboratory and medical review personnel, and District officials, employees and agents with a need to know, typically including the student's coach, the Principal, any counselor assisting the student in connection with intervention or rehabilitation services and any school official considering the student's appeal of consequences imposed for a violation of these regulations. Test results and other personal and confidential information regarding a student acquired as a result of the testing process shall not otherwise be released without the student's or minor student's parent or guardian's written consent, except where disclosure is compelled by law.
Consequences for a Positive Test
Consistent with the District Athletic Code, Students who test positive or violate these regulations for the first time may request to continue the current season of their athletic activity or try out for the next season by completing the following:
Days 1 through 7 (calendar days)
* Suspension from all athletic and school activities
* Sign Athletic Code Suspension Contract
Days 8 through 14 (calendar days)
* Attend all practices without participating
* Show proof of enrollment in an approved drug diversion program
* Submit to mandatory drug and alcohol testing
* Sign a comprehensive discipline contract (if applicable)
Days 15 through 30 (calendar days)
* The athlete may participate in practices, but may not participate in any competitions or scrimmages
* The athlete must actively be attending the approved drug diversion program as scheduled (above)
* The athlete must be in compliance with the terms of their comprehensive contract (if applicable)
* The athlete who has completed their diversion class prior to 30 days may request to return to normal athletic participation
After day 30
* The athlete may then return to normal participation in their chosen athletic activity provided they are actively attending their drug diversion program and fulfill the requirements of the comprehensive contract
Any portion of the above requirements not completed will carry over into the student's next participatory athletic activity season.
If a student tests positive or violates these regulations a second time, the student will be banned from competing for one calendar year from the suspension date. Before returning to athletics, the athlete must complete a drug/alcohol diversion program and agree to participate in drug testing at the administration's request.
Students shall not be subject to any other form of discipline or penalized academically as a result of a violation of these regulations. A student's notice of suspension will not be included as part of the student's mandatory permanent pupil records which is defined by California Code of Regulations, commencing at title 5, section 432. Furthermore, a notice of suspension will not be reported to law enforcement authorities.
Regulation NEVADA JOINT UNION HIGH SCHOOL DISTRICT
approved: August 14, 2013 Grass Valley, California
revised: October 9, 2013