Ohio Administrative Code › Title 3344 - Cleveland State University › Chapter 3344-48 - Policies on Drug Education and Screening Policies › Section 3344-48-07 - Safe harbor program

Current through all regulations passed and filed through July 1, 2024
(A) A student-athlete may voluntarily refer
			 him/herself to the sports medicine staff for evaluation, testing, and
			 counseling for substance use/abuse. This provision allows a student-athlete to
			 self-report a substance problem without repercussions of a positive
			 test.
(B) These individuals shall
			 still be required to undergo an evaluation by the head team physician or
			 his/her designee . Cleveland state university staff shall work with the
			 student-athlete to prepare a safe harbor treatment plan, which may include
			 confidential drug testing.
(C) The
			 student-athlete 
								may be tested for banned substances upon entry
			 into the safe harbor program and such a positive initial test shall not result
			 in any administrative sanction, though the head team physician or
			 
								his/her designee may suspend the student-athlete
			 from 
								all
			 athletic activities, if medically 
								necessary.
(D) The student-athlete's parent(s) or legal
			 guardian shall be notified of the entry of their child into the safe harbor
			 program, if under twenty-one years of age. For the
			 safety and well-being of the student-athlete over the age of twenty-one, the
			 director of athletics may notify the student-athlete's parent(s) or legal
			 guardian(s) of the entry into the safe harbor program.
(E) A substance abuse counselor will
			 determine the appropriate form(s) of intervention and rehabilitation needed by
			 the student-athlete on a case-by-case basis. In addition, the student-athlete
			 
								may be
			 financially responsible for any outside treatment or counseling.
(F) A student-athlete shall be permitted to
			 remain in the safe harbor program for a reasonable period of time,
			 as determined by
			 the treatment plan. A student-athlete may be permitted
			 to remain in the safe harbor program while actively complying and undergoing
			 documented treatment as deemed medically necessary by the head team physician,
			 team psychiatrist, and or their designee. Any missed appointment or failure to
			 comply will result in the removal of the student-athlete from the safe harbor
			 program. While in compliance with the safe harbor program treatment plan,
			 the student-athlete shall not be included in the list of students eligible for
			 random drug testing.
(G) Students
			 in the safe harbor program may be selected for drug testing by the NCAA
			 and subject to NCAA sanctions.
(H)
								 Upon release
			 from the safe harbor program, the student-athlete will be placed in the cycle
			 for institutional drug testing for at least one calendar year.
(I)
			 The safe harbor provision shall be available for the student-athlete only one
			 time during their athletic eligibility. It shall not be available after
			 notification of an impending test or after a prior positive test result as set
			 forth in the Cleveland state university drug education and screening program
			 policy.
(J) A student-athlete, who enters the safe
			 harbor program but does not comply with the terms of their rehabilitation,
			 shall be sanctioned according to post-test procedures for a first positive
			 result. Thereafter, the student-athlete shall serve the penalty phases for a
			 second positive, if a positive test occurs in any future testing.
(K) If a student-athlete is determined to
			 have been using, misusing or abusing substances after the initial safe harbor
			 program treatment, as determined by follow-up testing, the student-athlete
			 shall be subject to sanctions and follow-up testing as detailed for a first
			 positive test result as outlined in the Cleveland state university drug
			 education and screening policy.
(L)
			 The director of athletics,  associate
			 athletic directors
								, the head athletic trainer, the student-athlete's head
			 coach and the team physician may be informed of the student's participation in
			 the safe harbor program. The athletic trainer assigned to that sport may also
			 be notified, if medically appropriate. The assistant coach(es) may also be
			 informed at the discretion of the head coach. Other university employees may be
			 informed 
								at the
			 discretion of the director of athletics. The
			 athletics compliance office will be notified of any student-athlete that does
			 not comply and is subject to the penalty phase.