NCJ Number
106462
Journal
University of Florida Law Review Volume: 38 Issue: 4 Dated: (Fall 1986) Pages: 581-613
Date Published
1986
Length
33 pages
Annotation
This paper examines legal issues in mandatory student-athlete drug testing programs and offers suggestions for implementing such a program.
Abstract
All individual privacy and equal protection rights guaranteed under the U.S. Constitution are applicable only to state action under the 'public function' and 'nexus' theories. Conduct by officials at tax-supported State universities constitute state action, but conduct by officials at private institutions would probably not be considered by the courts as state action. Some State constitutions, however, notably California's, may extend privacy mandates to private entities. Drug testing through urinalysis constitutes a fourth amendment search and requires a search warrant based on probable cause and reasonableness. Drug testing, however, is analogous to an administrative search rather than to a criminal search requiring individualized suspicion. To constitute a valid administrative search, drug testing must be shown to fulfill a public interest that outweighs the privacy interest. Institutions which conduct drug tests on student-athletes typically argue that they are intended to ensure the health and safety of the athletes. Whether a court would conclude that the institution's interest in health and safety justifies the need for this type of intrusion at the expense of privacy rights is questionable. Programs likely to be accepted by the courts should include advance disclosure of eligibility requirements, use of the least restrictive means of collection, recognition of test reliability limitations, the right of appeal, and the use of education to prevent drug abuse. 228 footnotes.