The NCAA News - News and Features

April 7, 1997

Legislative assistance

1996 Column No. 14 Ineligibility for use of banned drugs

1997 NCAA Convention Proposal Nos. 135 and 136

NCAA Bylaw 18.4.1.5

NCAA institutions should note that a student-athlete who is found to have utilized a substance on the list of banned drugs, as set forth in Bylaw 31.2.3.1, shall be declared ineligible for further participation in postseason and regular-season competition in accordance with the ineligibility provisions in Bylaw 18.4.1.5.1. The certifying institution may appeal to the NCAA Eligibility Committee for restoration of the student-athlete's eligibility if the institution concludes that circumstances warrant restoration.

Bylaw 18.4.1.5.1 -- Duration of Ineligibility

Additionally, a student-athlete who tests positive (in accordance with the testing methods authorized by the Executive Committee) shall be charged with the loss of a minimum of one season of competition in all sports if the season of competition has not yet begun for that student-athlete or a minimum of the equivalent of one full season of competition in all sports if the student-athlete tests positive during his or her season of competition (i.e., the remainder of contests in the current season and contests in the subsequent season up to the period of time in which the student-athlete was declared ineligible during the previous year). The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the student-athlete's positive drug test, and until the student-athlete retests negative (in accordance with the testing methods authorized by the Executive Committee) and the student-athlete's eligibility is restored by the Eligibility Committee. If the student-athlete tests positive a second time for the use of any drug, other than a "street drug," after being restored to eligibility, he or she shall be charged with the loss of a minimum of one additional season of competition in all sports and also shall remain ineligible for regular-season and postseason competition at least through the next calendar year.

1997 Convention Proposal No. 135

NCAA institutions should note that effective August 1, 1997, Proposal No. 135 authorizes the NCAA to test student-athletes who test positive for banned substances by a non-NCAA athletics organization. This legislation is not intended to apply to drug tests administered by a high school or collegiate institution. Rather, the proposal is intended to address concerns related to student-athletes who have tested positive for banned substances by other non-NCAA organizations (e.g., those drug tests conducted by the United States Olympic Committee or any national governing body).

The adoption of Proposal No. 135 amends NCAA Bylaw 18.4.1.5.1 to indicate that a student-athlete who has previously tested positive for performance-enhancing drugs administered by any other athletics organization and subsequently tests positive (in accordance with the testing methods authorized by the Executive Committee) shall be subject to the ineligibility provisions of Bylaw 18.4.1.5.1. In this regard, the Executive Committee shall authorize methods for drug testing any student-athlete who has disclosed in the Student-Athlete Statement that he or she has a positive drug test administered by a non-NCAA athletics organization.

Finally, in accordance with Proposal No. 135, the NCAA institution that a student-athlete attends shall promptly notify in writing the NCAA's director of sports sciences regarding a student-athlete's disclosure of a previous positive test for banned substances administered by any other athletics organization.

1997 Convention Proposal No. 136

NCAA institutions should note that effective August 1, 1997, if a student-athlete who is declared ineligible due to a positive drug test wishes to transfer to another NCAA institution, the institution from which the student transferred must notify the new institution of the student-athlete's ineligibility. Accordingly, Proposal No. 136 confirms that a student-athlete may not transfer to another NCAA institution in an effort to avoid the required loss of eligibility specified in Bylaw 18.4.1.5.1. Finally, please note that due to the federal Buckley Amendment, the previous institution may be limited to disclosing only that the student-athlete is ineligible and not that he or she is ineligible due to a positive drug test unless consent is received from the student-athlete to disclose the positive drug test.

This material was provided by the legislative services staff as an aid to member institutions. If an institution has a question or comment regarding this column, such correspondence should be directed to Richard C. Perko, legislative assistant, at the NCAA national office. This information is available on the Collegiate Sports Network.