SENATE BILL REPORT

SB 6168

BYSenator Pullen

Prohibiting drug testing on collegiate athletes.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 14, 1988

Senate Staff:Jeanne Cushman Scott (786-7461)

AS OF FEBRUARY 11, 1988

BACKGROUND:

In October 1986 the University of Washington planned to institute a program to conduct drug tests of all students who participated in or tried out for intercollegiate athletics.  The program was instituted in response to a National Collegiate Athletic Association (NCAA) rule requiring all amateur athletes to consent to drug testing as a prerequisite to eligibility for post-season championship competition.

The University's drug testing program plan includes three components.  The first component requires all students who wish to participate on sports teams to submit to a urinalysis test at or near the start of the academic year.  Specimens are collected by requiring each student to undress, bare the genitals and urinate into a container while being monitored by an observer.  This is known as monitored urination.

The second component of the planned drug testing program requires students to consent to testing at other times during the year on the basis of "reasonable suspicion" as determined by the student's coach.

The third component of the planned drug testing program is voluntary.  Students may request that they be tested.

Betsy O'Halloran was an undergraduate student at the University of Washington who participated on the University's track and cross country teams.  She refused to sign the consent form for testing and brought an action against the University when she was barred from participation.  As a result of this action, the University did not put the planned drug testing program into effect in the 1986-87 school year; however, random NCAA testing has been conducted during the 1987--88 school year on University athletes.

SUMMARY:

This bill recognizes the courage of Betsy O'Halloran in refusing to consent to drug testing as a prerequisite to participation in amateur athletic competition.  No amateur athlete at a junior college, college or university may be required to take a drug test as a prerequisite to participation in amateur athletic competition.  Schools may not prohibit an amateur athlete from participating in athletic competition on the basis of National Collegiate Athletic Association rulings.

EFFECT OF PROPOSED SUBSTITUTE:

References to the courage of Betsy O'Halloran are omitted.  No postsecondary school may require an amateur athlete to take a drug test without probable cause.  No postsecondary school may prohibit an amateur athlete from participating in athletic competition because of rules or decisions relating to drug testing of the National Collegiate Athletic Association or other organization regulating athletics that require drug testing without probable cause.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.