NCAA LSDBi

Division I Proposal - 2022-13

CHAMPIONSHIPS AND POSTSEASON FOOTBALL -- INELIGIBILITY FOR USE OF BANNED DRUGS -- PENALTY -- CANNABINOIDS

Status: Adopted Final

Intent: To revise the penalties that apply to a student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in the banned drug class cannabinoids, as specified.

Bylaws: Amend 18.4, as follows:

18.4 Eligibility for Championships.

18.4.1 Student-Athlete Eligibility. To be eligible for NCAA championships, a student-athlete shall meet all applicable individual-eligibility requirements set forth in NCAA legislation. The general and academic eligibility requirements are set forth in detail in Bylaws 12 and 14.

[18.4.1.1 through 18.4.1.3 unchanged.]

18.4.1.4 Ineligibility for Use of Banned Drugs. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in a banned drug class shall be declared ineligible for further participation in postseason and regular-season competition in accordance with the ineligibility provisions in this bylaw.

18.4.1.4.1 Penalty -- Banned Drug Classes Other Than Cannabinoids and Narcotics. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in a banned drug class other than cannabinoids and narcotics (in accordance with the testing methods authorized by the Board of Governors) shall be subject to the following:

[18.4.1.4.1-(a) through 18.4.1.4.1-(c) unchanged.]

18.4.1.4.1.1 Second Positive Test. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids or narcotics tests positive a second time for the use of a substance in a banned drug class other than cannabinoids or narcotics, the student-athlete shall lose all remaining regular-season and postseason eligibility in all sports. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids or narcotics tests positive for the use of a substance in the banned drug classes class cannabinoids, the student-athlete shall engage, with the institution, in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address the substance misuse, enrollment in evidence-based educational sessions) as developed and facilitated by the institution. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids or narcotics tests positive for the use of a substance in the banned drug class and narcotics, the student-athlete shall be ineligible for competition for 50 percent of a season in all sports (the first 50 percent of the Bylaw 17 maximum regular-season contests or dates of competition). The student-athlete shall remain ineligible from the time the institution is notified of the test result until the prescribed penalty is fulfilled and the student-athlete tests negative pursuant to the policies and procedures of the NCAA Drug-Testing Program.

18.4.1.4.2 Penalty -- Cannabinoids or Narcotics. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in the banned drug classes cannabinoids or class narcotics (in accordance with the testing methods authorized by the Board of Governors) shall be ineligible for competition during 50 percent of a season in all sports (50 percent of the Bylaw 17 maximum regular-season contests or dates of competition). The student-athlete shall remain ineligible from the time the institution is notified of the test result until the prescribed penalty is fulfilled and the student-athlete tests negative pursuant to the policies and procedures of the NCAA Drug-Testing Program.

18.4.1.4.2.1 Second Positive Test. If a student-athlete who previously tested positive for use of a substance in the banned drug  classes cannabinoids or class narcotics tests positive a second time for use of a substance in the banned drug classes cannabinoids or class narcotics or if a student-athlete who previously tested positive for use of a substance in the banned drug classes cannabinoids or class narcotics tests positive for use of a substance in a banned drug class other than cannabinoids or narcotics, the student-athlete shall subject to the penalties set forth in Bylaw 18.4.1.4.1. If a student-athlete who previously tested positive for use of a substance in the banned drug class narcotics tests positive for use of a substance in the banned drug class cannabinoids, the student-athlete shall be subject to the penalties set forth in Bylaw 18.4.1.4.3.

18.4.1.4.3 Penalty -- Cannabinoids. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in the banned drug class cannabinoids (in accordance with the testing methods authorized by the Board of Governors) shall engage, with the institution, in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address the substance misuse, enrollment in evidence-based educational sessions) as developed or facilitated by the institution.

18.4.1.4.3.1 Second Positive Test. If a student-athlete who previously tested positive for use of a substance in the banned drug class cannabinoids tests positive a second time for the use of a substance in the banned drug class cannabinoids, the institution must attest that the student-athlete was compliant with the education and management plan required following the student-athlete's first positive test, as specified by the policies and procedures of the NCAA Drug-Testing Program, and has agreed to continue to engage in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions) as developed or facilitated by the institution and designed to mitigate any identified at-risk behavior. If a student-athlete who previously tested positive for use of a substance in the banned drug class cannabinoids tests positive for use of a substance in a banned drug class other than cannabinoids or narcotics or tests positive for use of a substance in the banned drug class narcotics, the student-athlete shall be subject to the penalties set forth in Bylaws 18.4.1.4.1 or 18.4.1.4.2, respectively.

18.4.1.4.3.1.1 Failure to Attest. If an institution cannot or does not attest, the student-athlete shall be ineligible for competition during 25 percent of a season in all sports (25 percent of the NCAA Bylaw 17 maximum regular-season contests or dates of competition).

18.4.1.4.3.2 Additional Positive Tests. If a student-athlete who previously tested positive for use of a substance in the banned drug class cannabinoids tests positive a third time or more for use of a substance in the banned drug class cannabinoids, the institution must attest that the student-athlete was compliant with the education and management plan required following the student-athlete's second or subsequent positive test, as specified by the policies and procedures of the NCAA Drug-Testing Program, and has agreed to continue to engage in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions) as developed or facilitated by the institution and designed to mitigate any identified at-risk behavior.

18.4.1.4.3.2.1 Failure to Attest. If the institution cannot or does not attest, the student-athlete shall be ineligible for competition during 50 percent of a season in all sports (50 percent of the NCAA Bylaw 17 maximum regular-season contests or dates of competition).

18.4.1.4.34 Breach of NCAA Drug-Testing Program Protocol. A student-athlete who is in breach of the NCAA drug-testing program protocol (e.g., no-show) shall be considered to have tested positive for the use of any drug in a banned drug class other than cannabinoids or narcotics.

18.4.1.4.34.1 Tampering with Drug-Test Sample. A student-athlete who is involved in a case of clearly observed tampering with an NCAA drug-test sample (e.g., urine substitution and related methods), as documented per NCAA drug-testing protocol by a drug-testing crew member, shall be subject to the following:

[18.4.1.4.3.1-(a) through 18.4.1.4.3.1-(c) renumbered as 18.4.1.4.4.1-(a) through 18.4.1.4.4.1-(c) unchanged.]

[18.4.1.4.4 through 18.4.1.4.11 renumbered as 18.4.1.4.5 through 18.4.1.4.12, unchanged.]

[18.4.2 unchanged.]

Source: NCAA Division I Council (Strategic Vision and Planning Committee)

Effective Date:August 1, 2022, for penalties served August 1, 2022, or later.

Proposal Category: Amendment

Topical Area: Championships and Postseason Football

Rationale: This proposal acknowledges the changing landscape surrounding cannabis use and recognizes a growing need to recenter student-athlete health and well-being as a primary focus within cannabinoid policy. The proposal prioritizes: 1) identification and deterrence of problematic cannabis use; (2) treatment and education over sanction; and (3) consideration of the fragmented nature of state laws as well as changing social opinions about cannabis. The application of existing penalties may result in a student-athlete discontinuing enrollment rather than seeking help for problematic behavior. Importantly, this change is intended to create a pathway for student-athletes to maintain eligibility and enrollment while participating in education and management plans specific to their needs, as developed or facilitated by their institutions, and the flexibility for institutions to determine appropriate treatment parameters based on available resources, philosophy, and student-athlete need. Institutions would not be required to submit the locally developed or facilitated education and management plans to the NCAA. Lastly, through a survey administered in wither 2021, the membership indicated Association-wide support for reconsideration of existing cannabinoid policy. This proposal is being recommended as noncontroversial legislation, inasmuch as broader consultation and debate are unlikely to improve the proposal in any substantial way, significant disagreement or alternative points of view will not be generated and there does not appear to be a significant impact on existing or proposed legislation.

Estimated Budget Impact: None.

Impact on Student-Athlete's Time (Academic and/or Athletics): None.

History

May 18, 2022: Adopted by Council Adopted as noncontroversial legislation.
May 18, 2022: Adopted Final

Legislative References

Division Number Title
I 18.4 Eligibility for Championships.
I 18.4.1 Student-Athlete Eligibility.
I 18.4.1.4 Ineligibility for Use of Banned Drugs.
I 18.4.1.4.1 Penalty -- Banned Drug Classes Other Than Cannabinoids or Narcotics.
I 18.4.1.4.1.1 Second Positive Test.
I 18.4.1.4.2 Penalty -- Cannabinoids or Narcotics.
I 18.4.1.4.2.1 Second Positive Test.
I 18.4.1.4.3 Breach of NCAA Drug-Testing Program Protocol.
I 18.4.1.4.3 Penalty -- Cannabinoids.
I 18.4.1.4.3.1 Tampering with Drug-Test Sample.
I 18.4.1.4.3.1 Second Positive Test.
I 18.4.1.4.3.1.1 Failure to Attest.
I 18.4.1.4.3.2 Additional Positive Tests.
I 18.4.1.4.3.2.1 Failure to Attest.
References