- Jun 12, 2014
- 7,154
- 6,254
Founding Member
5. The NCAA does not restrict the grounds for an appeal, but an institution bringing an appeal must comply with the requirements set forth in Section 8.0. Appeal considerations are outlined below:
a. Procedural Challenge: Either the institution or student-athlete may challenge any procedure relating to the collection or testing of the subject samples. If the institution or student-athlete proves it is more likely than not that any substantiated problem with the collection or testing procedures materially affectsa sample's integrity, the drug-test appeal subcommittee may find that no doping violation has occurred.
b. Knowledge Challenge: The student-athlete is responsible for all substances consumed. However:
i. If the institution or the student-athlete demonstrates that the student-athlete was not aware they had been administered (defined as placed into the student-athlete’s system directly or through food or drink) a substance by another person that later is found to have contained a banned ingredient, then the drug-test appeal committee may determine that no violation has occurred. In this situation, the student-athlete must show that he or she both did not know and could not reasonably have known or suspected (even with the exercise of utmost caution) that he or she had been administered by a third party a substance that is later found to have contained a banned ingredient. or
ii. If the institution or the student-athlete demonstrates that the student-athlete asked specific and reasonable questions about a particular substance, medication or product of the appropriate athletics administrator and the athletics administrator assured the inquiring student-athlete that the substance does not contain a banned ingredient, then the drug-test appeal committee may determine that no violation has occurred. In this situation, the student-athlete must show that he or she both did not know and could not reasonably could have known or suspected (even with the exercise of utmost caution) that the information provided by staff was erroneous. IN the case where the substance, medication or product reviewed and approved for use by the institution does contain a banned substance, this may result in an institutional violation.
a. Procedural Challenge: Either the institution or student-athlete may challenge any procedure relating to the collection or testing of the subject samples. If the institution or student-athlete proves it is more likely than not that any substantiated problem with the collection or testing procedures materially affectsa sample's integrity, the drug-test appeal subcommittee may find that no doping violation has occurred.
b. Knowledge Challenge: The student-athlete is responsible for all substances consumed. However:
i. If the institution or the student-athlete demonstrates that the student-athlete was not aware they had been administered (defined as placed into the student-athlete’s system directly or through food or drink) a substance by another person that later is found to have contained a banned ingredient, then the drug-test appeal committee may determine that no violation has occurred. In this situation, the student-athlete must show that he or she both did not know and could not reasonably have known or suspected (even with the exercise of utmost caution) that he or she had been administered by a third party a substance that is later found to have contained a banned ingredient. or
ii. If the institution or the student-athlete demonstrates that the student-athlete asked specific and reasonable questions about a particular substance, medication or product of the appropriate athletics administrator and the athletics administrator assured the inquiring student-athlete that the substance does not contain a banned ingredient, then the drug-test appeal committee may determine that no violation has occurred. In this situation, the student-athlete must show that he or she both did not know and could not reasonably could have known or suspected (even with the exercise of utmost caution) that the information provided by staff was erroneous. IN the case where the substance, medication or product reviewed and approved for use by the institution does contain a banned substance, this may result in an institutional violation.