Student-athletes who test positive, or are accused of refusing or failing to take a required test, may appeal to the Substance Abuse Committee Chair at the discretion of the Substance Abuse Committee. Student-athletes have the right to submit a formal appeal
within 48 hours of the positive test notification meeting to the Substance Committee Chair. The student-athlete must complete a
Notification of Appeals Form. If the 48
th hour falls over the weekend, the deadline shall be 9:00am on Monday morning. Only the student-athlete may file an appeal. A student-athlete who fails to complete and submit the
Notification of Appeals Form by this deadline loses the right to appeal.
Upon submission of appeal, the Athletic Department may request additional testing of the sample provided. In this event, the Committee Chair will request Drug Free Sport to perform testing on specimen B. Testing of Specimen B will be at the student-athlete’s sole expense. Specimen B will not be tested until the College receives payment in full for the testing. Depending on what substances are being tested for, results for Specimen B testing typically are available 1 to 3 days. The student-athlete may choose to be present at the opening of specimen B at the laboratory, but the student-athlete will be responsible for his or her travel expenses. If the student-athlete does not wish to be present at the opening of specimen B, but desires to be represented, arrangements can be made for a representative to attend the opening of specimen B. The student-athlete or representative will attest to the sample number and the integrity of the security seal prior to the laboratory opening of specimen B. If specimen B results are negative, the drug test will be considered negative, the student-athlete will be cleared of any sanctions, no appearance is necessary in front of the Appeals Committee, and the student-athlete will be reimbursed by the College for the cost of the Specimen B test.
Appeals Hearings will occur following submission of the
Notification of Appeals Form by the student-athlete. If Specimen B was ordered, the Appeals Hearing will not occur until results are returned. The student-athlete will be given notice of the date, time, and place for the private appeals hearing. Except for witnesses who are called to give testimony, only the Appeals Committee, the student-athlete and, if desired, a person of his/her choice may be present. However, the student-athlete must present his or her own case. The student-athlete shall be allowed to present evidence. During the appeals process, the student-athlete is suspended from all team-related activities until the Appeals Hearing is completed and a decision has been made.
The Appeals Committee shall makes it decision within 24 hours of end of hearing. If the decision is not overturned, the suspension phase will continue such that it existed from time of the positive test notification meeting. If the decision is overturned by the Appeals Committee, the student-athlete will be immediately removed from disciplinary sanctions, and will be reimbursed any financial expenses previously incurred for the test in question. The decision will be documented in writing, with a copy going to the student-athlete and a 2
nd copy going to the student-athlete’s medical file housed in the athletic training room. Communication will occur between the Appeals Committee Chair and the Substance Abuse Committee Chair regarding the decision. The student-athlete will be notified by the Substance Abuse Committee Chair to schedule/confirm a brief meeting with the Substance Abuse Committee to report the appeals decision and give further instructions as needed. The Substance Abuse Committee Chair will notify the Head Coach of the affected sport of the outcome of the appeal.
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The decision by a majority vote of the Appeals Committee shall be final, subject to no further appeal.
