Drug Testing and the Student-Athlete: Meeting the Constitutional Challenge

• NCJ Number: 155016
• Journal: Iowa Law Review Volume: 76 Issue: 107 Dated: (1990) Pages: 107-138
• Author(s): C F Knapp
• Date Published: 1990
• Length: 32 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: DCC

Annotation

This analysis of appellate court decisions regarding the constitutionality of drug testing of student athletes concludes that Federal courts are likely to meet each of the constitutional challenges and introduces a model testing program that is consistent with constitutional principles.

Abstract

Since 1987, the Federal courts have begun to consider student athlete drug testing. Although the Federal courts have used the same analysis used by the U.S. Supreme Court in recent major decisions upholding the drug testing of government employees, a split appears to be developing among the circuits. Nevertheless, the majority of Federal courts have held that because student athletes hold diminished expectations of privacy, a well-structured student-athlete drug testing program is constitutional. Thus, courts are likely to meet each of the challenges based on self- incrimination, equal protection, due process, search and seizure, and privacy. Footnotes