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Legal obstacles prevent Iowa from testing athletes

Chapter 808 of the Iowa Code, Searches are only permitted when probable cause can be known, thus no random testing.

Written by:

Andrew Petersen 

May 26, 2008

 

Ten years ago, the Maquoketa School District looked into randomly drug testing its high school students.

In the decade since Maquoketa discussed that possibility, the issue of such testing has received little attention.

As Illinois prepares to begin randomly testing its high school athletes for performance-enhancing drugs next fall, don’t expect a similar course of action in Iowa.

The reasons the Hawkeye State isn’t following suit isn’t because officials scoff at the idea of Iowa students using steroids.

In a 2004 Iowa High School Athletic Association survey of 4,025 randomly selected boys and girls, 4 percent of respondents acknowledged using steroids. In the 1999 survey, that number was 2 percent.

Rather, it’s legal issues that would prevent Iowa from adopting a measure similar to that off Illinois.

“At this point with state law, it’s not permitted,” IHSAA assistant executive director Alan Beste said. “To this point we’ve really tried to put efforts into educational programs.”

Beste, a former athletic trainer at Pleasant Valley, oversees wellness and sports medicine concerns for the IHSAA.

He pointed to Chapter 808 of the Iowa Code, which lays out strict guidelines regarding search and seizure. Searches are only permitted when probable cause can be known, thus nixing random testing.

Those same legal principles grounded Maquoketa’s efforts to test students for recreational drugs in 1998.

“There were a number of people who were in favor of it who felt because it was a preventative type of action,” Maquoketa superintendent Kim Huckstadt said. “We actually pursued it through legal council, but the district’s insurance company said, ‘You’re on your own.’ At that point here at the local level, it was determined that if state laws changed, the issue would be picked up again.”

In 1995, the U.S. Supreme Court ruled that random drug tests fall within the parameters of the Fourth Amendment of the U.S. Constitution. But state laws differ, and many, such as Iowa have stronger language limiting such tests.

The Illinois High School Association reported no legal hang-ups in enacting its policy.

Even with the complications, many school officials in Iowa would be open to the possibility of testing athletes for performance-enhancing drugs.

“There’s a lot of pros and cons,” Pleasant Valley athletic director Randy Teymer said. “(High school use) doesn’t surprise me because everyone is always looking for edge. When you look at Major League Baseball, and you know it’s going on in football, and those are their idols. Those are the ones that have the impact when they are making their decision. These kids aren’t looking 20 years down the road.”

Like Teymer, Beste would like to see more studies done that illustrate the deterring effect of random testing.

Davenport North AD Jon Flynn is ready for testing now.

“In talking to (other high school administrators), I think that nobody is able to give me a reason why it’s a bad idea,” he said. “Personally, I think it’s another reason to keep tabs on the kids. I think there are kids that have that stuff within their means.

“Unfortunately, the draw of beginning the better athlete is very strong for some kids.”


 



 

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