Random Drug Testing of Student Athletes by State Universities in
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Random Drug Testing of Student Athletes by State Universities in
Florida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities inby State Universities in the Wake of Von Raab and SkinnerLeRoy PernellFlorida A&M University College ojLaw, leroy.peniellíỊĨíamu.eduFollow this and additional works at: http://conunons.law.iainu.edu/faculty-researchÒ* Part of the Constitutional Law Commons, Entertainment, Arts, and Sports Law Common Random Drug Testing of Student Athletes by State Universities ins, Fourteenth Amendment Commons, and the Fourth Amendment CommonsRecommended CitationLi-Roy Pernell, Random Drug Testing of Student Athletes by StateRandom Drug Testing of Student Athletes by State Universities in
Universities in the Wake of Von Raab and Skinner, 1 Marq. Sports L. J. 41 (1990).ihlk .Vilde 1* brought to you for free and open access by the FacultyFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities in- FAMV Law, For more information, please contactlind.1 lurTvncvi-iMnu.edu.RANDOM DRUG TESTING OF STUDENT ATHLETES BY STATE UNIVERSITIES IN THE WAKE OF VON RAAB ANDSKINNERLeRoy Pernell*Looking back over the events of 198Ố, no occurrence in the world of intercollegiate athletics evoked the concern and Random Drug Testing of Student Athletes by State Universities in anguish of the public as much as did the tragic death of Maryland basketball player Len Bias.* 1 During the height of celebration of his selection byRandom Drug Testing of Student Athletes by State Universities in
the Boston Celtic professional basketball team, Bias died suddenly. The tragedy grew when it was learned soon thereafter that his death was the probaFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities inmong student athletes. The concern over the use of drugs by student athletes did not begin, however, with the death of Len Bias.2 3 Ironically, much of the concern in the past regarding the use of drugs by student-athletes centered around the use of performance enhancing drugs such as steroids, whic Random Drug Testing of Student Athletes by State Universities inh although ultimately harmful, purport to make the athlete’s performance better? There is no such pretense regarding the use of the so-called recreatiRandom Drug Testing of Student Athletes by State Universities in
onal drugs such as cocaine which are immediately harmful and performance impairing.• Associate Professor of Law, Ohio State University College of Law;Florida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities ins for my professional leave, and Columbia University for allowing me to be a Scholar in Residence in 1988, during which time this article was in large part written. I would also like to thank Professor Kellis Parker, Columbia University School of Law, Dean Rodney K. Smith, Capital University Law Sch Random Drug Testing of Student Athletes by State Universities inool and Professor Lawrence Herman, Presidents’ Club Professor of Law, Ohio State University College of Law, for their invaluable assistance, and DeborRandom Drug Testing of Student Athletes by State Universities in
ah Katz, 1989 graduate of Ohio State, for her considerable research contributions to this project I would finally like to thank the faculties of both Florida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities ind on June 19, 1986. His death, and that of Cleveland Brown’s defensive back Don Rogers, on June 27, 1986, sparked strong public reaction. See Reilly, When the Cheers Turned to Tears, Sports Illustrated, July 14, 1986, at 28.2.See Proper and Improper Use of Drugs by Athletes: Hearings Before the Subc Random Drug Testing of Student Athletes by State Universities inomm, to Investigate Juvenile Delinquency of the Senate Comm, on the Judiciary, 93d Cong., 1st Scss. 17 (1973); Note, Drugs, Athletes, and the NCAA: ARandom Drug Testing of Student Athletes by State Universities in
Proposed Rule for Mandatory Drug Testing in College Athletics, 18 J. Marshall L. Rev. 205 (1984); Looney, A Test with Nothing but Tough Questions, SpoFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities inisis has encouraged many institutions, out of concern for both the safety of the athletes and the welfare of the program, to take steps that many might consider drastic.4 Random drug testing and screening are among those used most frequently.5 The concept of drug testing is dependent upon the threat Random Drug Testing of Student Athletes by State Universities in of unannounced tests as a means of deterring the student-athlete from using drugs. There is evidence to support the notion that the level of drug usaRandom Drug Testing of Student Athletes by State Universities in
ge has in fact dropped in the wake of unannounced drug testing.6The pressure for drug testing is coming not only from the academic arena, but from theFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities inTen Intercollegiate Conference discussed the following resolutions:A.A student-athlete may be subject to suspension or declared ineligible for competition and/or loss of athletic financial aid:1.If the student-athlete takes anabolic steroids or,2.If the student-athlete takes any drug specified in NC Random Drug Testing of Student Athletes by State Universities inAA Executive Regulation 1-7 without the knowledge of the Team Physician of the university.B.No athletic department staff member shall dispense to studRandom Drug Testing of Student Athletes by State Universities in
ent-athletes, or encourage student-athletes to take a medication without prior specific approval from the team physician.c. To refer [B] to the AwarenFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities in analyze the extent of drug use among athletic department staff members.Not all major institutions are in agreement with drug testing. Georgetown University has announced that it is opposed to drug testing. See Washington Post, July 21, 1986, col. 5 (final cd.).5.The testing mechanism used most ofte Random Drug Testing of Student Athletes by State Universities inn for the random testing of student-athletes is urinalysis. There are three widely employed urine testing mechanisms; (I) Thin Layer Chromatography (TRandom Drug Testing of Student Athletes by State Universities in
LC), (2) Radioimmunoassay (RIA), and (3) Enzyme immunoassay (EIA). Among the array of enzyme immunoassay tests is the popular Enzyme Multiplied ImmunoFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities in for Executives, in Drug Testing: Protection for Society or a Violation of Civil Rights (National Ass’n of State Personnel Executives, eds. 1987). Despite its low cost, the EMIT test is considered by many to have unacceptable levels of reliability if not confirmed by a second test. See Morgan, Urine Random Drug Testing of Student Athletes by State Universities in Testing for Abused Drugs: Tech-nology and Problems, in Drug Testing: Protection for Society or a Violation of Civil Rights (National Ass’n of PersonnRandom Drug Testing of Student Athletes by State Universities in
el Executives, eds. 1987); Lundberg, Mandatory Unindicated Urine Drug Screening: Still Chemical McCarthyism, 256 J. A.M.A. 3003 (1986); Lundberg, UrinFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes b Random Drug Testing of Student Athletes by State Universities in Mass Spectrometry (MS). GC/MS provides greater sensitivity but is considerably more expensive. See Black, supra. For a full discussion of urine testing techniques and relative sưengths, see R. Cravey & R. Baselt, Introduction to Forensic Toxicology (Biomedical Pub. 1981) and Curran, Compulsory Drug Random Drug Testing of Student Athletes by State Universities in Testing—the Legal Barriers, 316 New Eng. J. MED. 318 (1987).Florida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes bFlorida A&M University College of LawScholarly Commons (a) FAMU LawJournal PublicationsFaculty WorksFall 1990Random Drug Testing of Student Athletes bGọi ngay
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