The NCAA requires that all student athletes consent to drug testing before they’re allowed to compete. While the NCAA does generally have the right to condition a student’s playing time on these tests, the experienced Hartford NCAA infraction lawyers may be able to challenge unsatisfactory outcomes. This could include contesting the accuracy of the tests and the chain of custody of the test results. Attorneys may also challenge when, how often, and under what circumstances these drug tests are given.
The NCAA Constitution 126.96.36.199 and NCAA Bylaw 12.7.3 set forth the requirements and the details of the consent form students must sign:
- The consent form must be signed and returned to the director of athletics by the date the student’s intercollegiate squad first reports for practice or the Monday of the institution’s fourth week of classes, whichever date occurs first
- The consent form stays in effect from the date it is signed until any new consent form is executed
- Students must sign the form in order to practice or compete in intercollegiate athletics
What does the consent form mean?
Signing the consent form means that the student understands the following:
- Agrees to let the NCAA drug test the student year-round, including any participation in any NCAA championship and in any postseason football game for drugs in the banned drug classes listed in Bylaw 188.8.131.52. There is no complete set of banned substances. Students need to check the Drug Free Sport AXIS for questions about supplements, medications and banned drugs.
- Failing a test for an NCAA-banned drug means the student-athlete cannot take part in any regular-season or postseason competition, unless a medical exception is granted.
- Failing a test for a banned drug (other than cannabinoids and narcotics) means the student tis not eligible to participate again until the student has been withheld from the equivalent of one season of regular season competition. The student will be charged with losing that season for all sports. The student will also be ineligible for intercollegiate competition for 365 consecutive days after the collection of the student-athlete’s positive drug-test specimen and until he or she tests negative pursuant to the policies and procedures of the NCAA Drug-Testing Program.
- If there is a second positive test for a banned substance (aside from cannabinoids or narcotics) the student will suffer additional ineligibility penalties.
- There are severe penalties for any student-athlete who tampers with an NCAA drug-test sample.
- There are also penalties for student-athletes who transfer to a non-NCAA institution while ineligible because of a positive NCAA drug test which prevents the student from competing in all NCAA regular season and postseason competitions until the NCAA penalty time for ineligibility is completed. Other conditions may also apply.
- Missing a drug test is considered the equivalent of testing positive for the use of a banned drug other than a cannabinoid or narcotic.
Student-athletes who test positive for banned drugs do have appeal rights.
At Barry, Barall, & Spinella, LLC, we understand that the NCAA wants to ensure that competition is based on the physical and mental abilities of the athletes and not any drugs or narcotics that would give the athlete and their school an unfair advantage. Our Hartford NCAA drug consent lawyers also understand that a positive drug test can affect your ability to play, your reputation, and your future livelihood. We fight to present every defense available and to negotiate with the NCAA where possible.