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| To enact section 3345.57 of the Revised Code to | 1 |
| require each state or private institution of | 2 |
| higher education that sponsors intercollegiate | 3 |
| athletic sports to adopt a policy in regard to | 4 |
| drug testing student-athletes for banned | 5 |
| substances. | 6 |
| Section 1. That section 3345.57 of the Revised Code be | 7 |
| enacted to read as follows: | 8 |
| Sec. 3345.57. (A) The board of trustees of each state | 9 |
| institution of higher education and the governing body of each | 10 |
| private institution of higher education shall adopt a policy with | 11 |
| regard to drug testing student-athletes enrolled in that | 12 |
| institution for banned substances, if the institution sponsors | 13 |
| officially sanctioned intercollegiate athletic sports. The policy | 14 |
| shall include all of the following: | 15 |
| (1) A requirement that a drug test for banned substances be | 16 |
| administered by the institution to each student-athlete enrolled | 17 |
| in that institution both: | 18 |
| (a) During the student-athlete's annual physical examination; | 19 |
| (b) Prior to the student-athlete's participation in any | 20 |
| officially sanctioned athletic competition at the championship | 21 |
| level, including a contest for the championship of a division, | 22 |
| conference, or league of an intercollegiate athletic conference or | 23 |
| a national collegiate athletic association. | 24 |
| (2) A list of banned substances for which student-athletes | 25 |
| will be drug tested, which shall include all substances, except | 26 |
| alcohol, that are banned by the national collegiate athletic | 27 |
| association for that academic year. The board shall update the | 28 |
| list annually to reflect any necessary changes. | 29 |
| (3) The procedure and methods used by the institution for | 30 |
| drug testing student-athletes for banned substances, which shall | 31 |
| be as similar as possible to the drug testing procedure and | 32 |
| methods used by the national collegiate athletic association. | 33 |
| (4) The penalties for any student-athlete who tests positive | 34 |
| for a banned substance as a result of a drug test administered | 35 |
| under this section, which shall include all of the following: | 36 |
| (a) For the first positive test, the student-athlete shall | 37 |
| complete an on-campus drug treatment program offered by the | 38 |
| institution. If no such program exists, the student-athlete shall | 39 |
| complete an off-campus drug treatment program offered by an | 40 |
| outside entity. If the student-athlete participates in an | 41 |
| off-campus drug treatment program, the institution shall provide | 42 |
| transportation to and from the program and shall pay for any | 43 |
| related expenses to the program. | 44 |
| (b) For the second positive test, the institution shall | 45 |
| suspend the student-athlete from participation in two officially | 46 |
| sanctioned athletic competitions. | 47 |
| (c) For the third positive test, the institution shall report | 48 |
| the positive test to the chancellor of the Ohio board of regents. | 49 |
| The chancellor shall then revoke any student financial assistance | 50 |
| supported by state funds, as defined in section 3333.38 of the | 51 |
| Revised Code, awarded to that student-athlete. | 52 |
| (d) For the fourth positive test, the institution shall | 53 |
| dismiss the student-athlete from the applicable athletic team and | 54 |
| prohibit the student-athlete from participating in intercollegiate | 55 |
| athletics at that institution. | 56 |
| (B) Each state or private institution of higher education | 57 |
| annually shall provide a copy of the policy adopted pursuant to | 58 |
| division (A) of this section to each student-athlete enrolled in | 59 |
| that institution. Upon receipt, each student-athlete shall sign an | 60 |
| acknowledgement of receipt of a copy of the policy. | 61 |
| (C) As used in this section: | 62 |
| (1) "State institution of higher education" has the same | 63 |
| meaning as in section 3345.011 of the Revised Code. | 64 |
| (2) "Private institution of higher education" means any of | 65 |
| the following: | 66 |
| (a) A nonprofit institution holding a certificate of | 67 |
| authorization pursuant to Chapter 1713. of the Revised Code; | 68 |
| (b) An institution holding a certificate of registration from | 69 |
| the state board of career colleges and schools and program | 70 |
| authorization for an associate or bachelor's degree program issued | 71 |
| under section 3332.05 of the Revised Code; | 72 |
| (c) A private institution exempt from regulation under | 73 |
| Chapter 3332. of the Revised Code as prescribed in section | 74 |
| 3333.046 of the Revised Code. | 75 |
| (2) "Student-athlete" means any student who is enrolled in an | 76 |
| institution of higher education and who is participating at that | 77 |
| institution in an officially sanctioned intercollegiate athletic | 78 |
| sport. | 79 |