Students                                                                      

                                    BP 5131.61

Substance Use and Abuse Prevention Policy

 

            The District believes that student participation in a school sponsored athletic program is a privilege, not a fundamental property right. The District and society also expects student athletes to remain alcohol and drug-free twenty four (24) hours a day and seven (7) days a week. The District is concerned with the increase usage of drugs and alcohol at the high school level and is also concerned with the potentially unsafe condition our student athletes are placing on themselves. Unfortunately too many student athletes have been known to be in possession of and use of substances in our high school. Therefore, the District has reasonable basis to implement rule or policy specifically geared to student athletes.

 

            In order to protect the safety of all student athletes, the Superintendent or designee shall establish an education program and mandatory alcohol and drug testing procedure. This procedure will ensure appropriate individual privacy for student athletes while maintaining the viability of the process. The Superintendent or designee shall establish a Rapid Eye Screening (RES), Breathalyzer and urinalysis alcohol and drug testing program for all students participating in high school athletic programs sponsored by the Dixon Unified School District. No punitive action shall be taken against any student who tests positive, other then removing him/her from athletic activities or refer drug users to appropriate counseling and/or rehabilitative services, as prescribed in the administrative regulations. However any student found in possession of or under the influence of alcohol or drugs on campus or at a school activity may be found to have violated District policy and Education Code pertaining to suspension-expulsion.

 

            The District also recognizes that a coach has the right and responsibility to develop and enforce team rules. In efforts to support Board Policy of treating all students with respect and equity, the team rules must be consistent among all sports teams. The Board also directs that coaches’ rules be no more punitive than rules and consequences that exist in Board Policy.

 

            After each sport season, Dixon High School will submit a summary report of pertinent information to the Governing Board. In addition, this policy will be reviewed annually by the Governing Board.

 

(cf. 5131.65 - Alcohol and other drugs)

(cf. 5131.63 - Anabolic Steroids)

(cf. 6145.2 – Athletic Competition)

Legal Reference:

                EDUCATION CODE

                44049 Known or suspected alcohol or controlled substance abuse by student

                48900 Suspension of expulsion (grounds)

                48902 Notification of law enforcement authorities

51262 Use of anabolic steroids; Legislative finding and declaration

COURT DECISION

                Vernonia School District v. Acton, 115 S. Ct 2386 (1995)

                Todd v. Rush County Schools, 113 F. 3d 984 (1998)

Steffes v. C.I.F. Cal App. 3d. 739 (1986)

Adopted: May 21, 1996

Revised: August 22, 1996

Revised: May 2, 2000

 

 

Students                                                                                                       

    AR 5131.61

Student Use and Abuse Prevention Policy

 

The intent of the Substance Use and Abuse Prevention Policy is to build a partnership among student athletes, coaches, parents, community members, staff members and administration in order to reduce alcohol and other drug related barriers to personal and physical safety & personal and academic development. The District is concerned with the level of reports of student athletes in possession and or usage of alcohol and or other drugs (as listed in Exhibit A). It is further concerned with the potential dangers caused by alcohol and other drug abuse to the student athlete while involved in intense physical activity and competition. Therefore the District and society expects student athletes to be alcohol and drug free twenty-four (24) hours a day and seven (7) days a week.

 

 

Procedure for Student Athletes

 

 

Consent: Pursuant to the DUSD Substance Use and Abuse Prevention testing program, each student, wishing to participate in a high school athletic program sponsored by the Dixon Unified School District, and the student’s custodial parent or guardian shall consent in writing to drug testing. No student shall be allowed to participate in any interscholastic athletic program without such consent.

 

Student Selection: All student athletes will be drug tested at the beginning of their athletic season and randomly throughout that season. Individual students will be/may also be selected for testing if the site administrator, through the interview process, states that a test is warranted.

 

 

School Site Procedures

 

 

            All high school athletic teams sponsored by the Dixon Unified School District will adhere to this policy. Coaches will be responsible to the principal or his/her designee implementing this policy.

 

Preseason Meeting

1.      The beginning of each sports season, the administration will have a general session to explain and discuss BP/AR 5131.61. Student athletes and their parent/guardian must be present for the presentation of this policy. After the review of the policy, a contract of understanding will be signed by the student athlete and their parent/guardian. This authorization will be signed prior to the participation of the current sports season. Each coach will then meet with their respective team to discuss expectations of the coach and the student athlete. Student athletes registering late and their parent/guarding will meet with the administration for a review of this policy.

 

(AR 5131.61) (a)

 

 

Alcohol and Other Drug Education Meeting

2.      Each sport is required to have a minimum of one drug education meeting per season developed by the Athletic Director or his/her designee. This meeting will be held within the first twenty (20) school days of that season. The content of this meeting will include but will not be limited to the use and abuse of alcohol and other drugs and how it affects ones performance on the playing field. The dangers and use of prohibited substances are listed in the exhibit.

 

Alcohol and Other Drug Programs

3.      Dixon Unified School District will inform student athletes and their parent/guardian of recognized substance education/intervention programs that can provide educational opportunities for individuals who violate the policy.

 

Initial RES Testing/Breathalyzer/Urinalysis

4.      The beginning of each season, prior to the first practice, each student athlete will be administered a Rapid Eye Screening (RES), Breathalyzer or urinalysis by a trained tester. The type of initial testing for all students will be determined by the administration prior to the first test date of the school year.

For the first RES testing, a trained tester will screen each student. If the first RES test is failed, a separate trained tester will give a second RES test. If a student athlete fails the RES process, he or she will be required to obtain a urinalysis at the designated testing site. If the testing is on site, the test will be required to be completed immediately. If the designed test site is off campus, the student will be afforded a reasonable response time with an escort to the site. Every attempt will be made to notify parent(s)/guardian(s) within twenty-four (24) hours that their student was sent for additional testing. This procedure must take place prior to the student athlete’s first practice. A failed Breathalyzer test, with a calibrated registration of .01, can be considered a violation of this policy.

 

Contracted Agency and Records

 

5.      The Dixon Unified School District will contract with the testing agency to cover the cost of the test. If the urine test is positive it will be considered that the student has violated the policy. The record keeping and results of all testing will be kept in confidence. The records will be stored in a secured manner. These records will only be accessible to the Superintendent or designee, the Principal regarding the drug and alcohol issues, or the Athletic Director. These records will be destroyed after four (4) years or once the student athlete has graduated.

 

Frequency of Testing

6.      Random testing will be done weekly throughout the season as determined by the Principal of his designee. This may be a RES test, breathalyzer or random urine test. Individuals will be randomly selected on a lottery basis and tested. A student athlete may also be referred, for investigation, to the administration to be tested by the athletic director or/ coach if there is a reasonable suspicion that a student athlete is under the influence of a prohibited substance (see Exhibit A). If a student athlete fails the RES, Breathalyzer or urine testing he/she will be subject to prescribed actions as listed under the section titled Consequences of Substance Use and Abuse Violations.

(AR 5131.61)(b)

 

Procedural Safeguards

7.      The Superintendent or designee shall take reasonable steps to assure the integrity, confidentiality and random nature of the selection process. Included, but not necessarily limited to: 1) assuring the names of all participating student athletes are in the pool, 2) assuring that the person drawing the names has no way of knowingly choosing or failing to choose particular students for testing, 3) assuring that the identity of students drawn for testing is not known to those involved in the selection process and, 4) assuring direct observation of the selection process by at least two adults.

 

Sample Collection

 

If a urine sample is required, the student must immediately obtain the test if done on site. The student will be afforded reasonable time to complete the test if testing is done through a District approved testing site. The student athlete must abide by rules and regulations of that agency as well as the District’s policy. If there are any contradictions between the agency and District rules or regulations, the Superintendent or designee will determine which process follow.

 

Prescription Medication

 

Upon request by the athletic director, student athletes who are taking prescription medication will provide a copy of the prescription or a doctor’s verification to the athletic director before supplying a urine sample under this policy. If a urine sample is required, that information will be forwarded to the testing lab with instructions for the lab to consider the student’s use of such medication to insure the accuracy of the results. Such information provided by the student will not be disclosed to any school official(s). Student athletes who refuse to provide prescription verification and test positive will be subject to actions specified in this regulation for violation.

 

Scope of Test

 

If a urine test is required, the testing lab will be instructed to test for one or more illegal drugs. The superintendent or his designee may decide which illegal substance shall be screened but in no event shall that determination be made after selection of students being tested. Student athlete samples will not be screened for the presence of any substances other that an illegal substance or for the existence of any physical condition other than substance intoxication.

(A statement on laboratory procedures will be inserted here such as: The student to be tested completes a specimen control form that bears an assigned number. Providing a copy of the prescription of a doctor’s authorization must identify prescription medications that the student is taking.                                                          

 

 

 

(AR 5131.61)( c )

 

 

 

The student then enters the testing area accompanied by an adult monitor of same sex. Each boy selected, produces at a urinal, remaining fully clothed with his back to the monitor, who stands approximately 12 to 15 feet behind the student. Monitors may (though do not always) watch the student while he produces the sample and they listen for normal sounds of urination. Girls produce samples in an enclosed bathroom stall, so they can be heard but not observed. After the sample is produced, it is given to the monitor, who checks it for temperature and tampering. The sample is then….etc.]

 

Limited Access to Results

 

Personnel administering RES testing or those contracted to perform lab urine tests will be authorized to report results only to the Principal, Superintendent or designee.

 

Academic and Legal Protection

 

No student athlete shall be penalized academically for testing positive for illegal drugs or alcohol. The results of drug and alcohol test pursuant to this policy will not be documented in any student’s academic records. Information regarding the results of drug and alcohol tests will not be disclosed to criminal or juvenile authorities absent legal compulsion by valid and binding subpoena or other judicial order, which the district shall not solicit. In the event of service of any such subpoena or judicial order, the student athlete’s custodial parent or legal guardian shall be notified by telephone within twenty-four (24) hours and confirmation in writing in a language that they understand before response is made by the District.

 

Not withstanding the above paragraph, if through this process a student athlete is found to be in possession of or under the influence of alcohol or drugs on campus or at a school sponsored activity, the district may pursue disciplinary action under DUSD policy 5144.1 or EC 48900 (Suspension/Expulsion) and may be required to notify law enforcement under EC 48902.

 

Evidence Which May Constitute Reasonable Suspicion to Investigate and Test a Student Athlete

 

School personnel involved with student athletes will be watchful to detect student violations of the drug policy. All personnel will receive training in the procedures listed below.

 

In order to test a student athlete under the theory that the student is under the influence of or currently using a prohibited substance, school personnel must have “reasonable suspicion”. If there is legitimate belief, based upon reasonable suspicion, that the student athlete is under the influence of alcohol or drugs or has used alcohol or drugs in a school related context, the student will be directed to undergo an immediate alcohol or drug test to determine his or her condition.                                                  (AR 51312.61)(d)

                                                                                                           

 

 

 

 

 

 

School personnel who have formed such reasonable suspicion that a student athlete is under the influence during school jurisdiction must immediately notify the site administrator or designee. The site administrator or designee should proceed with the procedures set out below.

 

If the violation occurs outside of the school’s jurisdiction, parents/guardians will be encouraged to cooperate with the school administration in all aspects of the administrative process. The administration must obtain parental concurrence before initiating an investigation into acts occurring outside the school’s jurisdiction. Additionally, parental concurrence must again be obtained before imposing consequences for such extra school acts.

 

DOCUMENTATION OF FACTS: When possible, the fact that results in the preliminary conclusion should be documented, as indicated below.

 

Reasonable suspicion may be based upon the student’s appearance or behavior or upon other factors constituting reasonable suspicion. When someone suspects that a student is in violation of the policy, the individual should record the reasons for his/her suspicions. Any individual who has reasonable suspicion of a violation by a student athlete based on firsthand knowledge outside of school jurisdiction may notify the site administrator. The school administrator shall conduct investigation consistent with the guidelines listed below. This record should be made immediately, or as soon after the event as possible. This documentation should include (but not limited to) the following factors:

 

a.                   Smell: presence of the odor of alcohol, marijuana, etc.

b.                  Speech: slurred, thick, deliberate, etc.

c.                   Eyes:  bloodshot, dilated or constricted pupils, apparent sensitivity to light, etc.

d.                  Skin Color: pale, flushed, etc.

e.                   Skin Condition: excessive perspiration, etc.

f.                    Motor Coordination: unsteady, deliberate or stiff gait, etc.

g.                   General Mood: belligerent, moody, ecstatic, very talkative, more open, agitated, excitable, nervous, etc.

h.                   Effect on task performance: document any change in student’s task performance.

i.                     Verbal or Written Statement from Witnesses: Document any statements regarding the student’s conduct. Appropriate statements may include:

 

1.                  Credible statement from any coach, staff member, district administrator who has personally observed a student athlete to be under the influence or using a prohibited substance on campus, on the way to or from school or school related activity, off campus during lunch or in other school related contexts.

2.                  Credible statement from law enforcement officer that the officer has personally observed a student athlete to be under the influence or using a prohibited substance on campus, on the way to or from school or school related activity, off campus during school lunch or in other school related contexts.                            

 

(AR 5131.61) (e)

 

 

 

3.                  Credible statement from a parent or guardian that he or she has personally observed a student athlete to be under the influence or using a prohibited substance on campus, on the way to or from school or school related activity, off campus during lunch or in other school related contexts.

4.                  Credible statement from a student that he or she has personally observed a student athlete to be under the influence or using prohibited substance on campus, on the way to or from school or school  related contexts. Any testimony from a student that another student is under the influence should be confirmed by the observation of an adult.

j.                    Physical Evidence: A site administrator may collect all physical evidence pursuant to law and board policy.

 

Student Interview: Once the administrator has identified factor(s) listed above, he or she should immediately remove the student and interview the student in a discrete manner.

           

1.                  The interview should cover the following:

 

a.       Student Athlete To Be Informed of Evidence that they may be in violation of this policy: The administrator should state the fact(s) that support the preliminary conclusions that the student may be under the influence of a prohibited substance. The names of any students or other individuals who provided information shall not be disclosed at this interview.

b.      Student To Be Given Opportunity To Respond: The administrator should ask the student if he/she is/ has been under the influence and invite the student athlete to explain his or her conduct.

c.       If the student denies violating this policy, the student athlete may be asked to submit to a urine test for the presence of alcohol or drugs. If the student does not agree to these tests, the administrator will conclude, based on information gathered, that the student has violated this policy.

d.      If the student has agreed to be tested, the student will go to the approved testing site. If there is reasonable suspicion to believe that a student is under the influence of a prohibited substance, the student will not be released to drive his or her own vehicle to or from the testing site.

 

The District is not bound by technical and legal rules of evidence when implementing this process, except that the district is expected to use only relevant evidence that is the kind of evidence upon which reasonable person is accustomed to rely on in the conduct of serious affairs.                                                                                       

 

(AR 5161.31)(f)

No substance use or abuse violations will be based upon hearsay evidence alone, but hearsay evidence may be used to corroborate other direct evidence of a violation.

 

Sufficient Evidence of a Violation of this Policy

 

1.                  A lab report, which demonstrates that a student’s urine sample, tested positive for a prohibited substance.

 

2.                  A written or verbal confession by a student athlete of use of a prohibited substance.

 

3.                  A student athlete’s refusal to complete a RES, Breathalyzer or urine test within the specific time frame without valid explanation.

 

4.                  A student athlete’s refusal to follow any listed procedures in this policy.

 

5.                  A student athlete’s inability to provide an adequate urine sample for alcohol or drug testing without a valid medical explanation after the student athlete has received notice of the requirement for urine testing.

 

6.                  A student athlete engages in conduct that clearly obstructs the testing process.

 

7.                  A student athlete under the influence of a prohibited substance, while under the jurisdiction of the school district, as determined by administrative investigation.

 

8.                  Any evidence of use of a prohibited substance, outside of the school’s jurisdiction, in which the parent concurred with the initiation of the investigation and the consequences as prescribed in this policy.

 

Consequences of Substance Use and Abuse Violations

 

I.                               Self-Referral (cannot be a self-referral on a random test day)

 

A student athlete may find that they may have an issue with alcohol or other drugs. The student will have an opportunity to seek help from the school administration to support them through this process,

1.         An administrator/parent-guardian conference will be required when a student initiates a self-referral.

2.         After a self-referral, a student athlete will be eligible to participate in their sport with doctor’s clearance that they are drug free and physically fit to continue participating.

3.         The student shall enroll and participate in a recognized drug education program. The drug education program will report to the school administrator or designee the attendance and the successful completion of the program.

 

 

(AR 5131.61)(g)

Failure to enroll and attend the drug education program for the duration of the program will result in the athlete being dropped from the team for the rest of the season and the athlete may not participate in another sport until drug education has started.

4.          A mandatory urinalysis will be conducted every week for the duration of the sport season and a mandatory urinalysis will be conducted every 30 days if the student continues to participate in DUSD sponsored athletic programs. Test(s) will take into consideration the T ½ life or half-life of the substance(s) being reviewed.

                                    ** An athlete may self-refer one time during high school career.

                                    The self referral will not constitute as a violation of the policy.**

 

II.                             First Violation

 

A.              The student athlete is found by investigation or through the testing process to be under the influence of, or found to have used, through the testing process, a prohibited substance: 

1.         An administrator/parent-guardian conference will be required when a student commits a first violation.

2.         The student athlete will be ineligible to participate in 4 consecutive weeks of competition, following into the athlete’s season if necessary.

3.         A student athlete will be able to continue to participate in practice with doctor’s clearance that the student athlete is alcohol and drug free and physically fit to continue.

4.         There will be mandatory attendance in a recognized drug education program and assessment by a contracted agency. The contracted agency will report the attendance to the administrator or designee. Depending on the outcome, there could be continued education or intervention.

5.         A mandatory urinalysis will be conducted every week for the duration of the sport season and a mandatory urinalysis will be conducted every 30 days if the student continues to participate in DUSD sponsored athletic programs. Test(s) will take into consideration the T ½ life or half-life of the substance(s) being reviewed.                                                          

 

                                                                                                       

B.               Student Athlete Admonition of Administrative Inquiry

                  By signing the contract of understanding, the student athlete agrees with the district to remain alcohol and drug free twenty-four (24) hours a day seven (7) days a week during the athletic season. If an administrative inquiry is required, full cooperation is expected from the student. If a student athlete is cooperative and honest about his or her individual involvement, the principal may decide to reduce the number of weeks that a student is restricted from competition to no fewer than two (2) weeks and require in-lieu community service for the time reduced. All other conditions listed above will apply for students who are cooperative and honest about their involvement with prohibited substances.   

                  **An athlete may only use section B once during their high school career**

 

   III.   Consequences for all Second and Third Violations

 

Second Violation

1.      An administrator/parent-guardian conference will be required when a student athlete commits a second violation.

2.       The student athlete will be ineligible to participate in any sport for one school year.

3.      There will be a mandatory drug assessment and education program by a contracted agency, a minimum of 16-week program and possible treatment referral. Depending upon the outcome, there could be continued education and intervention.

4.      A mandatory urinalysis will be conducted every week for the duration of the sport season and a minimum mandatory urinalysis will be conducted every 30 days if the student continues to participate in DUSD sponsored athletic programs. Test(s) will take into consideration the T ½ life or half-life of substance(s) being reviewed.

 

Third Violation

           

The student athlete will be out of the athlete program for the rest of their high school career. Students and their parents are encouraged to seek further assistance and counseling.

A student athlete who strives to change his/her issues of substance use and abuse and has proven to be clean of substance and under control of their addiction may petition the Governing Board for reinstatement in the athletic program.

 

Appeals Process

 

The student athlete or parent is entitled to file an appeal to an Administrative Review Panel. The hearing will take place three (3) school days from the date of receipt of an appeal. The Administrative Panel will consist of three District administrators and will be chaired by the Director of Pupil Services. The panel will not include administrators from the high school. The Administrative Panel will review the procedure of the investigation, hear the evidence produced from the investigation, hear additional information from the student athlete/parents/guardians, and take actions as necessary. If the violation is over-turned by the Administrative Panel it will be considered as a non violation to the student athlete. The Review panel will report its findings and conclusions to the Governing Board and Superintendent.

 

 

 

 

ADOPTED: May 21, 1996

REVISED:   August 22, 1996

REVISED:   May 4, 2000