Random steroid testing proposed in N.J. , By Joe Battaglia

Prep athletes would be affected

May 04, 2006

WASHINGTON TOWNSHIP -- Beginning this fall, New Jersey could become the first state in the U.S. to randomly test its high school athletes for steroids.

Meeting at its Robbinsville headquarters, the executive committee of the New Jersey State Interscholastic Athletic Association (NJSIAA) yesterday voted unanimously to introduce a detailed testing plan for state tournament participants that could be in effect by next fall. A final vote on the proposal is expected next month.

The plan would prohibit athletes competing in state tournaments from possessing or using any of 80 banned performance-enhancing substances without a valid prescription from a doctor. Athletes found in violation would be suspended from school sports for one year and would forfeit any athletic awards or points accrued. In some cases, an athlete's team could be stripped of a championship title.

"We knew it was coming," said Barb Major, athletic director at Notre Dame High School in Lawrence. "I guess it's just part of our future. Not a good part, but a necessary one, unfortunately. I know steroids is quite a big thing."

Marty Flynn, athletic director for the West Windsor-Plainsboro Regional School District, supported the concept of steroid testing.

"I haven't seen the details of the proposal but I certainly think any effort to reinforce the dangers of drug use in student-athletes is a step in the right direction."

But Rich Giallella, athletic director of Steinert High School in Hamilton, was concerned that the testing would pertain only to teams competing at the state tournament level.

"Are we trying to address steroid use in society or are we trying to address steroid use in teams that are successful?" Giallella asked. "How about the teams that don't qualify (for tournaments)? I'd like to see the testing expanded to address the entire athletic program."

The testing program is the result of then-Gov. Richard Codey's call in December to deter student athletes from using performance-enhancing drugs.

"Governor Codey gave us a directive and we've followed through on it," NJSIAA Assistant Director Bob Baly said. "It took a while, but we were able to come up with a plan that balances the governor's desire to deter student athletes from turning to steroids while remaining within legal boundaries."

If the plan is approved, it would be considered a violation of the NJSIAA's sportsmanship rules for any student athlete to possess, ingest or otherwise use any of 80 substances on a list of banned substances without written prescription by a licensed physician to treat a medical condition.

Violations would result in that athlete being declared ineligible to participate in NJSIAA competition for a period of one year from the date of the test, as well as forfeiture of any individual awards or points. That athlete's team would not be sanctioned, but in the case of individual sports where team points are accrued, such as swimming, track and field and wrestling, forfeiture of points earned by an athlete who tested positive may result in loss of a team title. In sports such as basketball, baseball and football, team outcomes would not be affected by a participant failing a test.

The list of prohibited substances will be submitted for the approval of the NJSIAA medical advisory committee next Wednesday and the proposal will be subject to a final vote by the executive committee on June 7.

Seton Hall Preparatory School headmaster Msgr. Michael Kelly, who served as chairman of Codey's steroid task force and is a member of the NJSIAA executive committee, applauded the proposal.

"I encouraged everyone to vote for the policy," Kelly said. "It is a positive step for steroid abuse awareness, deterrence and prevention."

The NJSIAA would test a random selection of athletes who have qualified as individuals or as members of a team for state playoff competition. Before participating in interscholastic sports, the athlete and his or her parent or guardian must sign a form consenting to random testing in accordance with the policy. Failure to sign the consent form would make that student ineligible for athletic participation.

Steve Goodell, the NJSIAA's attorney, said he does not anticipate anyone challenging the legality of the testing consent form.

"There is nothing in the Constitution guaranteeing the right to participate in sports," Goodell said. "The Supreme Court of the United States and the state Supreme Court also have both determined that under certain circumstances, random drug testing is permitted, particularly in the case of athletics."

The number of athletes tested in any school year would not exceed 5 percent of the total number of athletes participating in championship competition the previous school year. Baly estimates that 10,000 varsity athletes participate in the state tournament each year and around 500 athletes would be tested each year.

Sixty percent of all tests would be from football, wrestling, track and field, swimming, lacrosse and baseball.

The selection of particular athletes for testing would be random.

Testing may occur at any state tournament or state championship site. The tests will be administered by a certified laboratory selected by NJSIAA executive director Steve Timko and approved by the executive committee. According to Baly, that has not yet occurred.

"We're currently in the process of negotiating with testing companies and I hope to have one in line for September," Baly said.

"NJSIAA will not be doing the testing. It will be handled by professionals. My guess is that the lab will be one also being used by the NCAA."

Baly said each test costs about $150, which would be paid by the association.

In December, Codey said the state will provide $50,000 to help offset the cost. Baly said the NJSIAA has budgeted an additional $50,000 for next year and will draw more funds as needed. He said attempts to find a corporate sponsor have been unsuccessful.

No test would be considered a positive result unless the approved laboratory reports a positive result and the NJSIAA's medical review officer confirms that there is no medical reason for the positive result. A second sample would also be available for testing in the event of an appeal. If the laboratory reports that an athlete has tested positive and the medical review officer confirms that there is no medical reason for that result, a one-year penalty would be imposed unless the athlete can prove he or she is neither at fault nor negligent.

Appeals would be heard by a committee consisting of Timko, two members of the executive committee, a trainer and a physician. Appeal of that committee's decision would be to the state commissioner of education for public school athletes and to state Superior Court for non-public school athletes.

Any athlete who tests positive, refuses to provide a testing sample or reports his or her own violation prior to testing will not regain eligibility until he or she has undergone counseling and produced a negative test result.