Ohio Administrative Code|Rule 3344-48-05 | Effect of positive test results.

                                                
(A) Any student-athlete who tests
		  positive for a banned substance, who refuses to submit or fails to take a
		  required drug test as described in this policy, shall be subject to the
		  sanctions listed in this rule.
(B) Positive drug test results (using the
		  NCAA threshold values) are cumulative throughout a student-athlete's
		  career at Cleveland state university. Any student-athlete who tests positive
		  shall be subject to repeated testing throughout their CSU career (a minimum of
		  one calendar year). A positive test for cocaine, heroin or PCP will
		  automatically be considered a third positive and the student-athlete will be
		  removed from participation in Cleveland state university
		  athletics.
(C) Notification: the head team physician
		  or designee shall securely receive the results of all testing via the center
		  for drug free sport, on-line reporting mechanism. All testing results shall be
		  handled confidentially. The head athletic trainer or designee shall notify the
		  student-athlete of a scheduled appointment to meet with the head team physician
		  or his/her designee to inform the student-athlete of the positive drug
		  screen.
(D) Once the student-athlete has met with
		  the team physician to discuss a positive test result, the head athletic trainer
		  or designee will notify the athletic director, sport supervisor, athletics
		  compliance office and the head coach. If the student-athlete is under
		  twenty-one years of age, the student's parent(s) or legal guardian(s)
		  shall be notified of the positive test results by the head team physician. For
		  the safety and well-being of the student-athlete, the director of athletics may
		  notify the student-athlete's parent(s) or legal guardian(s) of the
		  positive finding and sanctions if over the age of twenty-one. Likewise, the
		  director of athletics may inform other university officials as appropriate.
		  Results of positive drug tests shall be filed in the student-athlete's CSU
		  medical record and handled according to all customary confidentiality
		  procedures.
(E) Medical exception: if an athlete
		  tests positive for a prescription medication, it shall be considered a positive
		  test until the results are reviewed by the head team physician or designee.
		  Medical documentation from the treating physician(s) shall be reviewed for
		  evidence to support the need for use of a banned drug. For medications used to
		  treat ADD/ADHD, appropriate documentation shall be on file with the Cleveland
		  state university sports medicine staff prior to being selected for a random
		  drug screen. ADD/ADHD documentation shall be updated yearly (see appendix D to
		  this rule). (Medical marijuana, CBD oils or related substances are still
		  considered banned substances even with a prescription).
(F) Sanctions: since drug use is
		  considered a violation of departmental and team rules, a positive test result
		  shall have the following consequences:
(1) First
			 positive:
(a) The student-athlete shall be required to meet with the
				head team physician or designee to discuss the positive drug test results and
				for assessment if athlete is in imminent danger to themselves or to
				others.
(b) The student-athlete's parent(s) or legal guardian
				shall be notified by the head team physician or designee of the positive
				result, if under twenty-one years of age.
(c) The student-athlete shall meet with the director of
				athletics and/or sport supervisor and head coach. Meeting will occur within
				forty-eight hours of the student-athlete notification of a positive test, and
				will be documented by sport supervisor. Student-athlete will sign the CSU drug
				testing disciplinary agreement (appendix E) and will be given the CSU positive
				drug screen sanctions form to complete (appendix F).
(d) The student-athlete shall participate in designated
				counseling, treatment, and intervention programs as deemed appropriate by the
				head team physician, team psychiatrist and/or CSU counseling center. Failure to
				comply with the treatment plan shall be classified as non-compliant and shall
				result in a second positive test. This includes completing the recommendations
				in a reasonable time schedule, determined by the team physician or
				designee.
(e) The student-athlete shall be suspended for seven days
				from all team activities, including practice, strength and conditioning, film,
				training trips, etc, as well as, ten per cent (using traditional, mathematical
				rounding to the nearest whole number) of the championship season of their
				respective sport, excluding exhibition games (unless within the seven day
				period). Under this penalty, the student-athlete may not participate in any
				game-day activities, including pre-game meals, sideline access, travel, etc.
				These suspensions will be served immediately, unless determined otherwise by
				the director of athletics.
(f) The student-athlete shall be subjected to undergo
				repeated and unannounced follow-up drug tests for one calendar year from the
				date of the positive test result.
(g) The director of athletics, in consultation with the
				head coach and/or sports supervisor, has the discretion to add further
				sanctions, which may include, but are not limited to, additional suspensions,
				decrease/removal of athletic aid, travel limitations, etc. Additionally, the
				director of athletics and/or his/her designee may suspend or permanently
				dismiss any student-athlete that tests positive for a drug that is determined
				to be detrimental to the health and safety of the student-athlete, other
				student-athletes, or athletic department personnel, on a case by case
				basis.
(2) Second
			 positive:
(a) The student-athlete shall be required to meet with the
				head team physician or designee to discuss the positive drug test results and
				for assessment if athlete is in imminent danger to themselves or to
				others.
(b) The student-athletes parent(s) or legal guardian
				shall be notified by the head team physician or designee of the positive
				result, if under twenty-one years of age.
(c) The student-athlete shall meet with the director of
				athletics and/or sport supervisor and head coach. Meeting will occur within
				forty-eight hours of the student-athlete notification of a positive test, and
				will be documented by sport supervisor. Student-athlete will sign the CSU drug
				testing disciplinary agreement (appendix E) and will be given the CSU positive
				drug screen sanctions form to complete (appendix F).
(d) The student-athlete, at their own expense shall
				participate in designated counseling, treatment, and intervention programs as
				deemed appropriate by the head team physician, the team psychiatrist and/or CSU
				counseling center. Failure to comply with the treatment plan shall be
				classified as non-compliant and shall result in a third positive test. This
				includes completing the recommendations in a reasonable time schedule,
				determined by the team physician or designee.
(e) The student-athlete shall be suspended for ten days
				from all team activities, including practice, strength and conditioning, film,
				training trips, etc; as well as for thirty per cent (using traditional,
				mathematical rounding to the nearest whole number) of the championship season
				of their respective sport excluding exhibition games (unless within the ten day
				period). Under this penalty, the student-athlete may not participate in any
				game-day activities, including pre-game meals, sideline access, travel, etc.
				These suspensions will be served immediately, unless determined otherwise by
				the director of athletics.
(f) The student-athlete shall be subjected to undergo
				repeated and unannounced follow-up drug tests for one calendar year from the
				date of the positive test result.
(g) The director of athletics, in consultation with the
				head coach and/or sport supervisor, has the discretion to add further
				sanctions, which may include, but are not limited to, additional suspensions,
				decrease/removal of athletic aid, travel limitations, etc. Additionally, the
				director of athletics and/or his/her designee may suspend or permanently
				dismiss any student-athlete that tests positive for a drug that is determined
				to be detrimental to the health and safety of the student-athlete, other
				student-athletes, or athletic department personnel, on a case by case
				basis.
(3) Third positive: a
			 student-athlete who has had two previous positive drug tests, has undergone
			 drug counseling and has a third positive test shall be permanently banned from
			 the participation in intercollegiate athletics at Cleveland state university
			 and will not be eligible for reinstatement, and any athletic grant-in-aid shall
			 be revoked.
(G) There are financial considerations
		  that pertain to the sanctions of a positive drug test.
(1) Payment for an intake
			 evaluation by a designated medical provider to assess the
			 student-athlete's individual situation and determine the appropriate
			 follow-up treatment plan may be provided at no cost by the department of
			 athletics.
(2) Any outside
			 designated counseling, treatment and/or intervention programs deemed
			 appropriate by the head team physician, team psychiatrist and/or counseling
			 center shall be sought through the student-athlete's primary health
			 insurance plan and may be determined to be the full financial responsibility of
			 the student-athlete.
(H) Missing scheduled appointments and
		  counseling: student-athletes shall comply with the schedule of appointments
		  within the treatment plan. If the student-athlete is not able to keep the
		  appointment, they shall cancel and reschedule the appointment by nine a.m. the
		  day of the appointment. Failure to do so shall result in an additional positive
		  test.
(I) Drug violations outside of the CSU
		  drug education and screening program:
(1) Any CSU
			 student-athlete who is found to be under the influence of any illegal/banned
			 substance by local or campus police, either on or off campus, may be subject to
			 possible criminal penalties, CSU judicial sanctions, and CSU department of
			 athletics sanctions. 
(2) This includes, but is
			 not limited to, drug or alcohol-related arrests or infractions, violations of
			 the student judicial code of conduct, violations of campus residential
			 policies, unlawful alcohol procurement and drug distribution.
(3) An alcohol-related
			 charge of DUI, conviction or plea of guilty to such charge by any
			 student-athlete will result in the sanctions imposed herein for positive drug
			 tests. Each DUI charge, conviction or plea of guilty will be viewed as a
			 separate offense and are cumulative. Other alcohol-related citations (MIP, open
			 container) may result in sanctions as deemed appropriate by the director of
			 athletics and/or the head coach.

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