Davis and Elkins College Athletics

As a Student-Athlete at Davis & Elkins College, you are expected to abide by the policies of the College including those contained in the current Student Handbook, the College Catalog, and the Student-Athlete Handbook as well as the policies outlined by your head coach. If there is a dispute between you and the College, the Student Handbook outlines the procedures for making an appeal in the Grievance Policy which can be found https://www.dewv.edu/wp-content/uploads/2021/08/Davis-Elkins-College-Policy-Manual-Volume-VI-Student-Life-Policies.pdf
 
It is your responsibility to be aware of all policies outlined in the Student Handbook, Student-Athlete Handbook and Catalog. The College also reserves the right to confront behavior that is detrimental to the student, the community, the college and/or others, regardless of location or age of the student.
 
Intercollegiate athletics at Davis & Elkins College is an important component of the educational system and College experience.  Participation in the intercollegiate athletics program is a "privilege granted" and not a "right demanded".  
 
The Director of Athletics has complete and discretionary authority to interpret and construe the Student-Athlete Handbook. This handbook may be modified or amended at any time. Student-Athletes are responsible for keeping themselves informed of the requirements of the Student-Athlete Handbook.
 
4.1 Davis & Elkins College Fan Code of Conduct
4.2 Respect
4.3 Community Service
4.4 Facility & Locker Rooms
4.5 Uniforms & Equipment
4.6 Team Travel
4.7 Social Media Policy
4.8 Personal Relationship Policy
4.9 Hazing Policy
4.10 Tobacco Policy
4.11 Alcohol Policy
4.12 Illegal Drug Policy and Testing
4.13 Team Policies
4.14 Davis & Elkins College Student-Athlete Disciplinary Guidelines
4.15 Davis & Elkins College Athletics (Self-Disclosure) Safe Harbor Program

4.1 Davis & Elkins College Fan Code of Conduct
Davis & Elkins College, the Mountain East Conference, Great Midwest Conference and the NCAA are committed to creating a safe, comfortable and enjoyable gameday experience.

We pledge to protect a fan's right to:

• Watch the game in a safe, clean and healthy environment;
• Be treated in a courteous, consistent professional manner;
• Be treated with dignity and respect by other spectators attending the game and those organizing the event;
• Support their team, provided the support is in good taste and does not adversely impact the event experience of fellow spectators or negatively impact the game;
• Expect displays of good sportsmanship.

We expect fans to:

• Cheer, sing, and otherwise support their team, while remaining respectful and courteous to their patrons, referees, opposing fans and players;
• Enjoy the game experience free from fighting, thrown objects, attempts to enter the playing field/court, political or inciting messages, and disorderly behavior, including foul, sexist, racial, obscene or abusive language or gestures;
• Comply with requests from athletics administration regarding policies and emergency response procedures;
• Conduct themselves in a lawful manner to avoid incidents in the athletic facilities and in the parking lots.

Actions that will result in sanctions, include:

• Behavior that is reckless, dangerous, disruptive, or illegal in nature;
• Demonstrating signs of impairment from alcohol or other substances;
• Foul or abusive language or obscene gestures;
• Interference with the progress of the game (including entering the field of play or throwing objects onto the field);
• Failing to follow instructions of game management personnel, College administrator or Campus Safety officers;
• Verbal or physical harassment of the opposing team's players or fans, field officials, or game management personnel. Sanctions include ejection, loss of season admission, expulsion (Davis & Elkins College student) and arrest.

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4.2 Respect
As a representative of Davis & Elkins College, Student-Athletes are required to conduct themselves in a manner that is respectful of themselves, their coaching staff and their team.  The Athletic Department expects that players and coaches conduct themselves with the utmost level of sportsmanship at all times.
 
Profanity, negativity and verbal degradation towards teammates, coaches, officials, spectators or opponents will not under any circumstances be tolerated. Disrespectful conduct will be reviewed by the Head Coach and Director of Athletics and may result in disciplinary action.

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4.3 Community Service
At Davis & Elkins College, your team and the department of athletics will participate in events which serve Elkins and surrounding communities, completing special projects and fundraising activities to enhance the Student-Athlete experience. Each Student-Athlete will have an expectation to participate in a limited number of these events/projects during each academic year they are member of a Davis & Elkins College athletics team. 
 
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4.4 Facility & Locker Rooms

Student-Athletes are responsible to pick up after themselves when using any of the athletic facilities, College or third-party transportation to practice and games.
 
Locker assignments and/or locks will be issued at the beginning of the year by your team coach.  Lockers should not be altered or defaced as the Student-Athlete will be financially responsible and a hold on the student's account will occur. 
 
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4.5 Uniforms & Equipment

Student-Athletes are personally responsible for the care and return of all equipment and/or uniforms issued to them. If equipment and/or uniforms are not returned in good condition (reasonable wear and tear are expected), the Student-Athlete will be financially responsible and a hold on the student's account will occur. 
 
Uniforms and equipment will be worn for authorized practices and competition in accordance with College standards as they may be established from time to time. 

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4.6 Team Travel

All Davis & Elkins College athletic travel to and from practice and competition sites will be via approved travel methods. Most travel is provided by bus, with occasional trips by air, car or van. The Director of Athletics approves all athletic transportation. 
 
Athletic teams are transported either by vans (Enterprise or College) or Senator Buses. Transportation will be coordinated by the Director of Athletics.

Off-Campus Practice and Event Personal Vehicle Travel Policy Statement

- Purpose
Davis & Elkins College seeks to promote safe travel to events and activities occurring beyond the boundaries of College property by athletics staff and student-athletes. As such, this Policy applies to individual student-athlete and recognized travel in cases where the travel is sponsored by Davis & Elkins College. Examples of activities and events that fall under this Policy include, but are not limited to athletic sponsored events and practices, the activities of recognized team events and community service, and in situations where a student-athlete or recognized athletics staff officially represents the College (leadership academies, conferences, and other programs, etc.).

Student-athletes may use their personal vehicles for travel to any practices and assume all risk associated with such transportation and are not covered by College insurance policy.

This Policy does not apply to travel undertaken by individual student-athletes attending athletic events as a non-participant, engaging in student internships, practicums, observations or research.

- Definitions
A College sponsored athletic event or activity is one that is initiated, actively managed, planned and arranged by a member of the College's athletics staff, and is approved by the Director of Athletics and/or designee.

A student-athlete is one who is an enrolled student who is currently registered at the College, whether on a full- or part-time basis and has a signed letter of Intent with the Department of Athletics.

An appropriate athletics administrator is the Director of Athletics, Senior Woman Administrator or a designee by the Director of Athletics.

- General Requirements
All student-athletes and recognized athletics staff travel falling within this Policy must meet the following requirements:

1. Recognized student-athlete and athletics staff travel must be consistent with the Institution's mission statement. Travel must be planned so as not to create an undue interference with academic responsibilities.
2. College sponsored student-athlete travel must be approved in advance by an appropriate athletics administrator.
3. Anyone found to have an unacceptable driving record as defined by the College will not be allowed to drive under this policy.
4. In the event of an accident, full disclosure should be made of name, address, registration number of vehicle, and driver's licenses involved. All vehicle laws in the state involved should be obeyed. Student-athletes shall report to a member of the athletics staff concerning any accident, collision, personal injury, or property damage. College employees shall notify an appropriate athletic administrator and file a report with the Office of Risk Management. The owner of the vehicle should notify their insurance company immediately.
5. Personal Vehicles should only be used on a voluntary basis, but never to transport student-athletes. The owners/drivers must provide their own insurance coverage. All passengers must be in a seat with their seatbelts buckled. The College shall not insure or accept liability for any damage, loss or injury resulting from the use of a private vehicle. The College does not provide comprehensive or collision (physical damage) insurance for private vehicles driven on College business, and the owner is responsible for primary liability insurance.

- Accident and Medical Insurance
The College does not provide medical insurance for any student-athletes and athletics staff driving to and from off-campus facilities. All student-athletes and athletics staff shall be responsible for any medical costs they incur during and/or because of the trip.

- Participation
Except with the permission of the appropriate athletic administrator, friends and family of student-athletes are not eligible to participate in travel opportunities falling under the Travel Policy.

All participants are required to engage in the planned activities of the trip. Unstructured time should be kept to a minimum to reduce the risks inherent in unsupervised activity. The sponsoring athletics staff member should keep a list of all participants involved in the trip.

A. GUIDELINES FOR TEAM TRIPS
Student-athletes look forward to team trips. They should be planned with the utmost care and attention. Always keep in mind that the safety and welfare of our student-athletes should be the most important consideration.

B. STUDENT-ATHLETE CONDUCT FOR TRAVEL
Student-athletes must always remember that they are representing Davis & Elkins College as well as themselves when traveling. The conduct and actions of each student-athlete individually and each team should reflect the mission of the College and its athletic program.

Student-athletes should also understand that the College, the Athletic Department, and each team coach are responsible for their well-being, safety and conduct during official travel. To successfully do this, each coach must follow institutional and NCAA Division II guidelines and rules that pertain to official travel. Student-athletes are responsible for helping in this process by observing the following travel policies:

• Student-athletes must travel both to and from the site of competition with the official team traveling party. Separate travel arrangements require advance approval by the head coach AND parents/legal guardian (regardless of the age of the student-athlete).
• Only eligible student-athletes on the official team roster and formal team travel party may accompany a team for an off-campus event with prior approval of Director of Athletics.
• Student-athletes should conform to individual team standards of appropriate dress and grooming at all times either in formal or Davis & Elkins College Athletic attire.
• College and department substance abuse programs remain in effect while representing the College on all travel and institutional sponsored events.
• Long distance telephone calls or movies cannot be charged to rooms and paid for by the College.
• Student-athletes' friends or relatives may not accompany a team at the College's expense.
• Always leave restaurants, hotel rooms and visiting dressing rooms in good condition.
• Always be courteous and mannerly to all those around you.

The Student-Athlete Travel Release Form is available on ACS for submission or download here.  After submission, the form must be approved by the Director of Athletics and Head Coach.  If a Student-Athlete leaves the team travel party for any reason without notifying his or her Head Coach and receiving approval from the Student-Athlete Travel Release Form, the Student-Athlete may be subject to disciplinary action, per the Athletic Disciplinary Guidelines found in the Student-Athlete Handbook.
 
Student-Athletes choosing to drive personal vehicles to Davis & Elkins College practice facilities do so at their own risk.
 
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4.7 Social Media
Attending and competing for Davis & Elkins College is a privilege, not a right. Student-Athletes at Davis & Elkins College are held in high regard and are seen as role models and leaders on campus and in the community. As leaders, Student-Athletes have the responsibility to portray their team, Davis & Elkins College and themselves in a positive manner.

Social networks, including but not limited to Facebook, Twitter, Instagram, Snapchat, TikTok and GroupMe have grown in popularity and are used by a majority of student-athletes at D&E. Student-Athletes are not forbidden from using social media, but must be aware that third parties including the media, faculty, staff, future employers as well as MEC, G-MAC and NCAA officials can easily access their profiles and view all personal information. This includes all pictures, videos and comments. Inappropriate material found by third parties affects the perception of the Student-Athlete, the athletic department and Davis & Elkins College. 

Examples of inappropriate and offensive behaviors may include, but are not limited to depictions or presentations of the following: 

1. Posting photos, videos or comments showing the personal use of alcohol or chewing tobacco. 
2. Posting photos, videos and comments that are of a sexual nature. 
3. Posting pictures, videos or comments depicting the use of illegal drugs. 
4. Using inappropriate or offensive language in comments, videos and other postings. This includes threats of violence and derogatory comments. 

What every Student-Athlete should know:

• Set your security settings to private, so that only you and your friends can view your profile.
• Do not post your email, home address, local address, telephone number, or other personal information. 
• Be aware of who you add as a friend or allow to follow you on your site. 
• Direct any and all social media questions to your athletics compliance administrator and always ask before you act.
• Take pride in what you post, when you post and how you post.
• Posting on social media is not always the most appropriate means of communication. Text message when you want to respond specifically to one person.
• It is ok to display your personality and/or sense of humor, but it important to remain reasonable with the content displayed.
• Re-tweeting or re-posting items with vulgar language and profanity is showing your support of that type of language.
• Sometimes meetings or pep talks between teammates and/or coaches should remain private and not shared with the social media world.
• Remember that many of your coaches, athletic administrative staff and faculty follow you on social networking sites.
• It is not appropriate to trash talk opponents, teammates, coaches, officials or others involved in the administration of a contest.
• Remember and know you audience.
• Embrace you status as a Student-Athlete but remember that posting complaints are not likely attractive to those who wish they had the opportunities provided to you through collegiate athletics.
• Don't believe that no one is paying attention to what you post.

If you are ever in doubt of the appropriateness of your social networking site, consider how it reflects on yourself, your team and Davis & Elkins College. Always try to present a positive image.
 
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4.8 Personal Relationship Policy
We trust all members of our teams to be honest, responsible and mature. We desire what is best for the team as a whole, what is fair and workable for all individuals on the team and is based on broad principles of fairness. These expectations are for all members of our teams who must work together for the good of the team. Student-Athletes have responsibilities to the team and a commitment to being a team member who is focused on contributing to achieving team goals. Relationship issues can distract a team from its competitive goals. For this reason, Davis & Elkins College has the following expectations for all team members regardless of the type of relationship.

The following is a list of possible relationships that may be addressed with these expectations (other types of relationships not listed may also apply):

• Close friends excluding or ignoring others, or having a falling out
• Two people dating the same person
• A person dating someone whom another person had a past relationship with
• Dating on the same or different teams (regardless of whether the dating couple is an opposite-sex couple or a same-sex couple)
• Conflicts between Student-Athletes based on race, sexual orientation, sexual identity, personal belief systems or religion 

When with the team, the team comes first. Conduct yourselves as teammates. Being a member of a team requires responsible behavior and professional conduct. This includes at practice, during competition, on the team bus, in hotel rooms, in the training room, in the weight room, at team meetings, in the locker room and anywhere else when you are on "team time". 

Focus on the team and your role as a team member. You don't have to hide your relationships but when on "team time" the following behaviors are expected: 

• Respect team space: Avoid drama on team time. Leave relationship conflict at the locker room door.
• Resolve relationship issues on your own time, not the team's time. 
• No PDA (Public Displays of Affection), this includes hand holding, kissing, hugging, etc.
• Get to know others on your team. Sit with various teammates on the bus, eat with various teammates, share hotel rooms with various teammates and sit with various teammates in team meetings.
• If you need help resolving relationship issues, please contact:

Margaret Falletta
Director of Counseling and Wellness
Jennings Randolph Hall
(304) 637-1363
fallettam@dewv.edu

Possible consequences for failing to meet these expectations: 

• Meeting with Coach, review expectations and consequences of not abiding by them
• Requested to meet with a counselor
• Suspension or dismissal from team for failing to abide by the expectations 

Team Captains play an important role in maintaining a positive team-oriented climate and helping team members maintain team focus. Captains can help by: 

• Reminding teammates about these expectations and why they are important
• Communicating with coaches when relationship issues need to be addressed

Adapted from Champions of Respect: NCAA LGBTQ Resource Guide, Pat Griffin (2013) 
 
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4.9 Davis & Elkins College Athletic Department Hazing Policy
The Davis & Elkins College Athletic Department has a zero tolerance policy for hazing.  Preventing hazing on the campus of Davis & Elkins College is the responsibility of all members of the college community including students, Student-Athletes, coaches and administrators.  All instances of hazing should immediately be reported to the Director of Athletics and will be dealt with on a case-by-case basis.  Failure to report a known hazing incident is considered a violation of the hazing policy and will result in disciplinary action.
 
Hazing is defined by the NCAA as any act committed against someone joining or becoming a member or maintaining membership in any organization that is humiliating, intimidating or demeaning, or endangers the health and safety of the person. Hazing includes active or passive participation in such acts and occurs regardless of the willingness to participate in the activities. Hazing creates an environment/climate in which dignity and respect are absent.

• Subtle Hazing: Behaviors that emphasize a power imbalance between new members and veterans of the group or team. Too often they are mistakenly accepted as "harmless." Most often they involve ridicule, embarrassment and humiliation, and could even be considered as harassment! Some new members seem to expect such treatment (e.g., name calling, etc.) and endure it for the sake of acceptance.
• Harassment Hazing: Behaviors that cause emotional anguish or physical discomfort that puts unnecessary stress upon the victims (e.g., verbal abuse and threats, etc.).
• Violent Hazing: Behaviors that have the potential to cause physical and/or emotional harm (e.g., beating, branding, excessive exercise, forced alcohol consumption, etc.)

What every Student-Athlete should know:
HAZING...

• Has caused a team's season to be cancelled at various NCAA institutions.
• Has caused a Student-Athlete's institutional eligibility to be taken away.
• Has caused Student-Athletes to be arrested, because it is against the law in most states.
• Has caused Student-Athletes to have to appear in the court system at their own expense.
• Has caused teams to be torn apart and fragmented.
• Has caused serious physical and psychological injuries, and even deaths.

Hazing vs. Team Building
Hazing...

• Humiliates and degrades
• Tears down individuals
• Creates division
• Lifelong nightmares
• Shame and secrecy

 Team Building...

• Promotes respect and dignity
• Supports and Empowers
• Creates real teamwork
• Life long memories
• Pride and integrity

Please refer to your hard copy of the Davis & Elkins College Student Handbook or online at dewv.edu/campus-life for complete details of additional rules and disciplinary actions of the College.
 
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4.10 Tobacco Policy
The use of all tobacco products by players, coaches, officials, athletic trainers, and cheerleaders is prohibited during all Davis & Elkins College events and practices, per bylaws of the national association (NCAA Bylaw 17.1.9). Coaches, officials and the Director of Athletics are charged with the enforcement of the tobacco policy.

NCAA Bylaw 17.1.9 Use of Tobacco Products. The use of tobacco products by a Student-Athlete is prohibited during practice and competition. A Student-Athlete who uses tobacco products during a practice or competition shall be disqualified for the remainder of that practice or competition. (Adopted: 1/11/94 effective 8/1/94)
 
Davis & Elkins College head coaches may enforce an additional penalty for a tobacco policy violation in accordance with their team policies and procedures.
 
Please refer to your hard copy of the Davis & Elkins College Student Handbook or online at dewv.edu/campus-life for complete details of additional rules and disciplinary actions of the College.
 
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4.11 Alcohol Policy
The Athletic Department expects all Student-Athletes to make responsible and educated decisions regarding the use of alcohol. 
 
Underage drinking is against the law.  Any Student-Athlete under the legal drinking age of 21 found in possession of alcohol or under the influence of alcohol may face disciplinary actions in accordance with the policy outlined in the Davis & Elkins College Policy Manual. 
 
Student-Athletes of the legal drinking age assume all risks involved in the consumption of alcohol and must adhere to all policies outlined in the Davis & Elkins College Policy Manual. 
 
In addition, alcohol violations may result in disciplinary action from the Athletic Department as outlined in the Davis & Elkins College Student-Athlete Disciplinary Guidelines and those outlined in specific team policies related to alcohol consumption.

Davis & Elkins College head coaches may enforce an additional penalty for an alcohol policy violation in accordance with their team policies and procedures.
 
Please refer to your hard copy of the Davis & Elkins College Student Handbook or online at dewv.edu/campus-life for complete details of additional rules and disciplinary actions of the College.
 
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4.12 Illegal Drug Policy and Testing
NCAA Athletics Drug Testing
As per NCAA regulations, Davis & Elkins College Student-Athletes may be chosen to submit to an NCAA administered drug test. 

• If the NCAA tests you for the banned drugs listed in NCAA Bylaw 31.2.3.1 and you test positive (consistent with NCAA drug-testing protocol), you will be ineligible for further participation in regular-season and postseason competition in all sports in accordance with the provisions in NCAA Bylaw 18.4.1.5.1.
• A Student-Athlete who tests positive shall be charged with a loss of a minimum of one season of competition in all sports if the season of competition has not yet begun for that Student-Athlete or a minimum of the equivalent of one full season of competition in all sports if the Student-Athlete tests positive during his or her season of competition.
• If a Student-Athlete tests positive a second time for the use of any drug, other than a "street drug" as defined in NCAA Bylaw 31.2.3.1, he or she shall lose all remaining regular season and postseason eligibility in all sports.  In addition, the penalty for missing a scheduled drug test is the same as the penalty for testing positive for the use of a banned drug. 
• The list of NCAA banned drugs is subject to change and Davis & Elkins College and the Student-Athlete shall be held accountable for all banned drug classes on the current list.

Davis & Elkins College Department of Athletics Drug Testing
Davis & Elkins College believes that random drug testing and testing based on reasonable suspicion are appropriate to ensure the health, safety and well-being of our Student-Athletes, to affirm compliance with applicable rules and regulations, and to identify Student-Athletes who are improperly using drugs and to assist them before they harm themselves or others.
 
Consent to Participate
As a condition of participation in intercollegiate athletics at Davis & Elkins College each Student-Athlete will be required to sign a consent form agreeing to undergo drug testing.  Failure to consent to or comply with the requirements of this policy may result in suspension from participation or termination of eligibility to participate in intercollegiate athletics at Davis & Elkins College. Additionally, Student-Athletes will be given an opportunity to ask any questions regarding the information contained in the policy, the testing program, or other related issues prior to signing the consent form.
 
Methods of Selection 
Unannounced Random Testing: All Student-Athletes listed on the roster and who have signed the consent form are eligible to be randomly selected for drug testing, including red shirts, academically ineligible and injured players. The Director of Athletics and Assistant Athletic Director for Sports Medicine, in witness of the Senior Women's Administrator, will select 10% of the Student-Athlete body to be tested randomly.  This will be done once during the fall semester and once during the spring semester.  Student-athletes will be selected randomly based on the drawing of a number assigned to each student-athlete at the beginning of each school year.
 
Coaches Testing: All Student-Athletes for a team may be subject to unannounced testing at any time when a Head Coach elects to have all members of his or her team tested during the school year. This testing can be conducted at any time during the academic year and will be required of all members of the Head Coach's sport. This testing does not need reasonable suspicion.
 
Reasonable Suspicion Screening: A Student-Athlete may be subject to testing at any time when the Director of Athletics, coach, athletic trainer, or faculty/staff member determines there is individualized reasonable suspicion to believe the Student-Athlete may be using a prohibited substance. 

Such individualized reasonable suspicion may be based on objective information from any source deemed reliable by the Director of Athletics, Head Coach, and Assistant Athletic Director for Sports Medicine including, but not limited to: 1) observed possession or use of substances appearing to be prohibited drugs, 2) direct arrest/conviction for a criminal offense related to alcohol or the possession or transfer of prohibited drugs or substances, and/or student conduct violation (this may include testing of the roommate or suite mate of student-athlete arrested or convicted), 3) observed abnormal appearance, conduct or behavior reasonably interpretable as being caused by the use of prohibited drugs or substances, 4) postings on social media, unusual patterns of absence from training or competition, decrease in class attendance, significant decline in GPA, increased injury or illness rate, extreme changes in motivation levels, emotions and moods. 

A Drug Testing Reasonable Suspicion Reporting Form must be completed outlining al potential objective sign(s) the person reporting believes warrants the reasonable suspicion drug test.  Upon receipt of the Drug Testing Reasonable Suspicion Reporting Form, the Director of Athletics, Head Coach, the Assistant Athletic Director for Sports Medicine and the Vice President for Student Affairs shall determine whether there is reasonable cause to suspect that the student-athlete is engaged in prohibited drug use. Individualized reasonable suspicion means:  If the available facts were conveyed to a reasonable person unfamiliar with the student-athlete or the athletics program, that person would conclude that it is more likely than not that there is a factual basis for determining that the student-athlete is using a prohibited drug.

If individualized reasonable suspicion is found to exist, the Director of Athletics and/or Assistant Athletic Director for Sports Medicine will meet with the student-athlete.  At that meeting the student-athlete will be provided written notice specifying the date, time, and place at which the test will be conducted unless the student-athlete provides an explanation for his/her behavior which is satisfactory to the Director of Athletics.  The test will be conducted in accordance with the provisions of the screening process.  The consequences of failure to participate in or cooperate with such testing and the consequences of impermissible drug use discovered through such testing shall be the same as the described sanctions of this policy.
  
Follow-up Testing: A Student-Athlete who has returned to participation in intercollegiate athletics following a positive drug test may be subject to follow-up testing throughout the remainder of their athletic eligibility and shall be financially responsible for all tests. 
               
Notification and Reporting for Collection
The Student-Athlete will be notified of and scheduled for testing by the Director of Sports Medicine. The Student-Athlete will be notified via email (with a phone follow-up if no confirmation of receipt of the email is received within 4 hours), of the date and time to report to the collection station. No specific time period is required for notification of Student-Athletes prior to the administration of any drug tests.
 
A Student-Athlete who refuses to provide an adequate urine sample during the testing process, attempts to alter or substitute his/her urine sample, or fails to show up at the designated time, shall be deemed in violation of this policy and will be cause for the same actions as a positive drug test result.
 
Specimen Collection Procedures

1. Upon entering the collection station, the student-athlete will provide student identification, the collector/validator and test observer will identify the student-athlete and the student-athlete will officially enter the station.  Test observers will be of the same gender as the student-athlete.
2. The student-athlete will be required to sign in and out of the collection station. 
3. Student-athlete will be provided a collection container. 
4. Student-athletes will be required to empty all pockets, remove any outerwear and leave any bags or personal items outside of the collection area. 
5. The student-athlete will rinse and dry hands, with water only, prior to urination, and wash with soap and water following urination. 
6. The student-athlete will enter the collection room and will close the door behind them.  The student-athlete will provide the necessary specimen volume of at least 45 mL.  Following completion of the required 45mL specimen, the student-athlete should not flush the toilet.
7. The validator will pour 30mL of the volume collected into a separate specimen cup, and the student-athlete and validator and will sign/initial affirming this is their sample.      
8. Once a specimen is provided, the student-athlete is responsible for keeping the collection beaker closed and controlled.
9. Fluids provided to student-athletes who have difficulty voiding must be from sealed containers (approved by the collector) that are opened and consumed in the station. These items must be caffeine- and alcohol-free and free of any other banned substances. 
10. If the specimen is incomplete, the student-athlete must remain in the collection station until the sample is completed. The student-athlete will be provided a new collection container once ready for another attempt. 
11. The collector/validator, will sign a chain of custody form and specimen bag will be sealed and sent to the laboratory of Absolute Assurance Drug Testing LLC, the Davis & Elkins College Drug Testing Agency.
12. If the lab results are non-negative or appear to be positive.  The student-athletes will be contacted by the Medical Review Officer and explain if re-test options are available.

Medical Exception Process
The college recognizes that some banned substances are used for legitimate medical purposes. Accordingly, exceptions can be made for those Student-Athletes with a documented medical history demonstrating a need for regular use of such a substance. Student-Athletes are required to inform their athletic trainer of all medications (prescribed or over-the counter) that they are taking prior to participating in athletic contests for Davis & Elkins College. The Student-Athlete must provide a letter from the prescribing physician that documents the Student-Athlete's medical history and the need for regular use of that drug. The letter must also include diagnosis (including appropriate verification) and dosage information.
 
Participation Refusal
Any Student-Athlete who refuses or otherwise fails to participate in the testing program by not signing the consent form or not providing a specimen where and when directed to do so shall be denied participation in intercollegiate athletics.  A non-consent or failure to attend a drug test is considered a positive result.  Denial of participation will be automatic and effective upon written notice to the Student-Athlete, Head Coach, and Director of Athletics. 
 
Positive Drug Test Disciplinary Action for Tests Administered by Davis & Elkins College Athletics
If a Student-Athlete has a confirmed positive test result he/she will be notified in writing of the immediate suspension of athletically related activities.  The Student-Athlete will be required to attend a meeting with the Head Coach, Faculty Athletic Representative and Director of Athletics. 

Guidelines for Positive Drug Test Offenses (Athletic Department disciplinary action may be greater than the offense structure below depending on the seriousness of the incident):

• The penalty for a positive test for a performance-enhancing drug (PED) is strict and automatic: student-athletes lose one full year of eligibility for the first offense (25 percent of their total eligibility) and are withheld from competition for 365 days from the date of the test. A second positive test for a PED results in the loss of all remaining eligibility.
   
• The penalty for a first positive test for a substance in the "street drug" class as defined in NCAA Bylaw 31.2.3.1, results in student-athletes being withheld from competition for 50% of the championship segment in all sports in which the student-athlete participates.  If the positive test occurs following the championship segment or with less than 50% of the championship segment remaining, the suspension will carry over to the following season.  During the suspension, the head coach has discretion to determine if the student-athlete may attend practices and team meetings.  If the student-athlete is unable to participate due to injury or any other reason, the suspension will be served once the student-athlete is cleared for participation.  In addition, all athletically-related financial aid could be withdrawn at the close of the academic semester or the remainder of the student-athlete's career.  A parent/guardian will be notified that their son or daughter has violated the drug policy, regardless of age. 
  
  A second positive test for a "street drug" as defined in NCAA Bylaw 31.2.3.1, results in the loss of all the student-athlete's remaining eligibility. All athletically-related financial aid will be withdrawn at the close of the academic semester and for the remainder of the student-athlete's career.  A parent/guardian will be notified that their son or daughter has violated the drug policy, regardless of age. 
   
• A student-athlete who is involved in a case of clearly observed tampering with a D&E Athletics drug test, shall be declared ineligible for further participation in postseason and regular-season competition during the time period ending two calendar years (i.e., 730 days) after the student-athlete was involved in tampering with a drug test.
   
• If a student-athlete who is selected for a D&E Athletics drug test, does not show up for testing or refuses to provide a sample, he or she will be penalized as if there were a positive drug test result for a PED.
   
• Davis & Elkins College head coaches may enforce additional penalties for an initial positive drug test in accordance with their team policies and procedures.
  
  Following the first positive test, the student-athlete is financially responsible to be re-tested 45 days after the initial testing date. The results of this re-test must be negative or at least show evidence of no drug use or it will be considered as the second positive offense.  Once a negative screen is obtained, any subsequent positive screens will be treated as an additional offense.  All student-athletes who have tested positive for a banned substance must undergo re-entry testing and the results report as negative before the student-athlete is allowed to return to competition and/or practice. No student-athlete will be allowed to return to competition and/or practice while the results of the most recent re-test are still positive for the identified substance.
  
  After serving the imposed Athletic Department suspension, the student-athlete is financially responsible to undergo re-testing to determine if the student-athlete can return to competition. The results of any subsequent re-testing must be received by the Assistant Athletic Director for Sports Medicine before a student-athlete can be granted re-entry into competition and/or practice. 

Re-entry Testing: A Student-Athlete who has had his/her eligibility to participate in intercollegiate sports suspended as a result of a drug violation may be required to undergo re-entry drug testing prior to regaining eligibility. The Director of Athletics shall arrange for re-entry testing at the cost of the Student-Athlete following the completion of the team suspension.

Selling and/or Distributing an Illegal or Banned Substance
Whereas the use of a banned substance has the potential to lead a user to self-destruction, selling and/or distributing an illegal or banned substance has the potential to harm others, as well as the offender. Consequently, Davis & Elkins Athletics, in its sole and absolute discretion, reserves the right to deal appropriately with any participant who is found to have sold and/or distributed or intended to sell and/or distribute an illegal or a banned substance. A participant found guilty by Davis & Elkins College or any state or federal entity to have sold or distributed an illegal or banned substance will be subject to immediate expulsion from the athletics program. 
 
Please refer to the Davis & Elkins College Policy Manual online at dewv.edu/compliance-ethics/policy-manual for complete details of additional rules and disciplinary actions of the College.

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4.13 Team Policies
Individual team rules may vary to reflect the program, coach's philosophy, the nature of the sport and the practice/competition schedule. Student-Athletes must obey decisions and expectations of the Head Coach and are subject to the rules established by the Head Coach in the respective sport. Each Head Coach will present team rules before the start of each season.
 
To ensure a level of consistency among all teams, it is understood that all Student-Athletes will adhere to the rules as set forth in the Davis & Elkins College Student-Athlete Handbook (in addition to other rules implemented for particular teams.)

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4.14 Davis & Elkins College Student-Athlete Disciplinary Guidelines
Student-Athlete Discipline Policy & Procedures
 

1. STUDENT-ATHLETE DISCIPLINE POLICY & PROCEDURES
   
   The Davis & Elkins College Athletic Department is committed to Developing Excellence through Education, Engagement, Character and Competition.  One of the ways the Athletic Department fosters this type of holistic student-athlete development is commitment to discipline and focus.
   
   Senator Athletics requires all student-athletes to conduct themselves in a respectable manner consistent with the mission of the College, the Mountain East Conference, Great Midwest Athletic Conference (G-MAC), and the National Collegiate Athletic Association (NCAA).Student-athletes are subject to all College policies, including regulations and Student Code of Conduct outlined in the Davis & Elkins College Student Handbook.
   
   At all times, student-athletes are required to conduct themselves in a manner respectful of themselves, their team, the College and its Athletics Department, game officials, opponents, and property.Student-athletes are to refrain from disrespectful conduct such as unsportsmanlike conduct: profane, abusive, demeaning, harassing, threatening or obscene expression.
   
   Natural Consequences allow students to learn from the world. Logical consequences teach responsibility and allow student to learn from their successes as well as their mistakes.  The goal is to teach the student how to self-regulate, make good decisions, and to redirect bad behavior into positive ones. Using physical punishment in athletics does not allow students to learn from or correct their mistakes and teaches them to hate physical conditioning.The Davis & Elkins Athletic Department does not tolerate physical punishment of student-athletes for any type of violation either for conduct or academics.
   
   Punishment

• Isn't effective and teaches deceptive behavior
• Creates mistrust and fear
• Creates an environment where good behavior is ignored
  
  Discipline

• Helps teach self-control and builds self-esteem
• Creates an example of problem solving; allows individuals to fix their mistakes
• Creates an environment where good behavior builds esteem and confidence
• Builds relationships and promotes trust

The following steps are to be followed regarding administration of the Athletic Department's Student-Athlete Discipline Policy & Procedures:

1. Any incident or report of a student-athlete alleged to have violated the Athletic Department Student-Athlete Discipline Policy will be reviewed by Student Life with an administrative hearing
2. If a student-athlete has been found to have violated the Athletic Department Student-Athlete Discipline Policy, the disciplinary sanctions will be included along with any Student Life sanctions during the adjudication process. 
3. When a HC, Assistant Coach or Athletic Department staff member learns that a student-athlete has been involved in an alleged act of misconduct, the individual must:
   • The HC, Assistant Coach or Athletic Department staff member must immediately notify the DA of the alleged violation and complete the required Clery submission (http://www.dewv.edu/form/csa-incident-report-form)  

 

2. ATHLETIC DEPARTMENT DISCIPLINE OFFENSE STRUCTURE
   (approved Spring 2018 by the Student-Athlete Advisory Committee, Athletic Department Coaches & Staff, and D&E Drug & Alcohol Prevention Team

LEVEL 1
(Multiple Level 1 offenses in same incident report are treated as (1) Level 1 offense)

• Conduct Violations
  • Underage Drinking and Possession
  • Minimum of a 24-Hour Rule Alcohol Consumption Before Any Team Activity (practice, contests, community engagement, etc.)
  • Social Media posts which include Alcohol content
  • College Hard Liquor Violations
  • Drinking Games (In any form) & Trophy Bottles
  • Mass Consumption
  • Open Container
  • Destruction of Property
    
    Sanctions
  • Written Warning & Probation – 90 Days from date of incident or semester in following academic year (if social media post includes drug content, immediate reasonable suspicion drug test)
  • Additional team sanctions may apply
     
• Academic Violations
  • Semester grade point average below 1.5
    
    Sanctions
  • Written Warning & Probation – 90 Days from date of incident or semester following academic
  • Mandatory tutoring via the Naylor Learning Center and bi-weekly with FAR/SWA
  • Additional team sanctions may apply

LEVEL 2

• Conduct Violations
  • Level 1 Offense while on probation

Sanctions

• Extended Probation – 90 Days from date of 2^nd incident
• 10% suspension of Championship & Postseason contests (includes non-championship contests, if suspension cannot be completely served, or if incident occurs in the off season)
• Additional team sanctions may apply

LEVEL 3

• Conduct Violations
  • (3) Level 1 offenses in the same academic calendar year
  • Disrespectful Conduct (Either In-Person or on Social Media)
    • of faculty/staff, public safety, resident directors/assistants
    • use of profanity, negativity, verbal degradation, racial, sexist, ethnic, intimidating violations
  • Consuming alcohol with recruits or providing alcohol to recruits
  • Campus Citation for drug-related offense
  • Fighting/Bullying
  • Traffic Violations including: leaving the scene of an accident, reckless or careless driving, and fleeing from law enforcement.
  • Any Misdemeanor Citations

Sanctions

• If drug-related offense, immediate reasonable suspicion drug test.  Reinstatement requires a re-test that is negative before ability to resume practice or participation in competition
• 90 Days probation from date of incident or semester following academic
• 20% suspension of Championship & Postseason contests (includes non-championship contests, if suspension cannot be completely served, or if incident occurs in the off season)
• No team activities, except community engagement and any team mandated academic activities (study halls, tutoring, etc.)
• Mandatory Counseling required
• Potential reduction athletic-related financial aid per NCAA rules
• Additional team sanctions may apply

• Academic Violations
  • Consecutive semesters below 1.5 grade point average

Sanctions

• Immediate removal from team and non-renewal of athletic scholarship per NCAA regulations
   

LEVEL 4

• Conduct Violations
  • Hazing
  • Theft within Team
  • Any Felony Citations

Sanctions

• Immediate Indefinite Suspension from all team activities
• Reduction/removal of Athletic-Related Financial Aid per NCAA rules
• Potential Dismissal from Team

 

3. STUDENT-ATHLETE DISCIPLINARY APPEALS PROCESS

Following a decision rendered in the Student Life administrative hearing, appeals must be submitted to Student Life in writing within three (3) days of the date of the decision. Failure to file a request for appeal in a timely manner constitutes a waiver of any right to an appeal. The bases for an appeal are limited to the following grounds:

1. The evidence presented at the hearing does not support the verdict.
2. The sanction(s) is/are excessively severe.
3. New or newly discovered evidence is of a character which may substantially affect the outcome of the hearing.
4. There was a procedural error which substantially affected the outcome of the hearing.

The Athletics Judicial Council (comprised of the Director of Athletics, Faculty Athletic Representative, and Athletics Senior Woman Administrator) will be included in the discussion if the appeal should be granted from an Athletic Department Student-Athlete Discipline Policy perspective.

Should the student-athlete not agree with the decision by the appeal committee, student-athletes should refer to Student Grievances in section 6.3.2.5 of Volume VI – Student Life Policies, in the Davis & Elkins College Policy Manual – Revised 2018)
https://www.dewv.edu/wp-content/uploads/2020/10/Davis-Elkins-College-Policy-Manual-Volume-VI-Student-Life-Policies.pdf
 
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4.15 Davis & Elkins College Athletics (Self-Disclosure) Safe Harbor Program
The Davis & Elkins College Athletic Department strives to provide a program which affords Davis & Elkins student-athletes the opportunity to grow mentally, physically and spiritually. Illegal and/or abusive use of drugs or alcohol by any member of the Davis & Elkins College community adversely affects the educational environment and the related athletic programs.

In keeping with the educational mission of the institution, the Davis & Elkins College Athletic Department will utilize educational strategies as its major approach to this problem. However, any student-athlete who illegally uses drugs or abuses any drug, including alcohol, will be subject to the prosecution of civil authorities, and disciplinary action by the College and the Athletic Department.

Davis & Elkins College encourages voluntary admission of illegal drug use and abuse of alcohol and legal drugs.  A student-athlete eligible for Davis & Elkins College's Safe Harbor Program may refer himself or herself to the Safe Harbor Program for voluntary evaluation, testing and counseling.  To enter the Safe Harbor Program, the student-athlete must notify the Director of Athletics and/or the Assistant Athletic Director for Sports Medicine, and complete the Safe Harbor Program notification form. 

However, there are circumstances in which a student-athlete is not eligible for the Program and include any of the following:

• After any potential violation of the Davis & Elkins College Student Handbook Policies
• A student-athlete who has received a previous positive Davis & Elkins College or NCAA drug test.
• After drug test notification has been initiated.  For example, once a student-athlete or coach has been notified of a drug test, the Safe Harbor Program is no longer available for that particular test.
• Thirty (30) days prior to NCAA or Conference postseason competition.
• Previously entered him/herself into the Safe Harbor Program at any time during their athletic eligibility at Davis & Elkins College (regardless of the substance).
   

Treatment options are available from the Director of Counseling and Wellness, if you do not qualify for the Safe Harbor Program.
 
Safe Harbor Program Structure

1. A student must remain in the Safe Harbor Program for a minimum of thirty (30) days or longer as determined by the treatment plan.  While in the program, the student-athlete is not eligible to represent Davis & Elkins College in competition.
2. The student-athlete shall be financially responsible for any testing, outside treatment, and/or counseling.
3. Davis & Elkins College will work with a student-athlete to prepare a Safe Harbor treatment plan, which may include confidential drug testing, as determined by the Athletic Director, Director of Counseling and Wellness, and Assistant Athletic Director for Sports Medicine.
4. Students that participate will need to sign a release form that allows the treatment provider to: 1) verify treatment compliance and 2) provide treatment recommendations to the Director of Athletics or his/her designee. While this release is a requirement to participate in the Safe Harbor program, refusal to sign this release will not jeopardize the student's right to obtain treatment.
5. If a student-athlete tests positive for a banned substance upon entering the Safe Harbor Program, that positive test will not result in any administrative sanctions unless the student-athlete tests positive in a subsequent test, or the student-athlete fails to comply with the treatment plan.
6. Based upon a medical examination by the team physician or designee, the student-athlete may be disqualified from practice if medically indicated. The examination may consist of diagnostic tests to determine any potential risks the drug use poses to the student-athlete's welfare.
7. Medical clearance by the team physician or designee may be required once treatment has been successfully completed by the student-athlete.
8. While in compliance with the Safe Harbor Program treatment plan, a student-athlete will not be included in the list of students eligible for institutional drug testing by the Davis & Elkins College Athletic Department.
9. Student-athletes in the Safe Harbor Program may be selected for drug testing by the NCAA.
10. The Director of Athletics and Assistant Athletic Director for Sports Medicine, and the Head Coach will be informed of a student-athlete's participation in the Safe Harbor Program and at their discretion may notify additional athletics personnel. Other college employees may be informed only to the extent necessary for the implementation of this policy.

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