Pubdate: Fri, 05 Jan 2001
Source: Kokomo Tribune (IN)
Website:  http://www.ktonline.com
http://www.ktonline.com/cgi-bin/LiveIQue.acgi$rec=3D273402?kt_story

UNIVERSITIES TO FIGHT RANDOM DRUG TESTING BAN

Three of Indiana's largest universities are concerned that a ban on random 
drug testing in public schools could harm their athletic programs - and 
their eligibility for the National Collegiate Athletic Association.

At least 69 school districts throughout the state -- including all schools 
in Howard County -- have halted random drug testing programs after an 
appellate court overturned the random drug testing policy of the 
Northwestern School Corp., saying it violated the state's constitution. The 
court's unanimous ruling in August reversed a Howard County trial court 
decision that upheld the county school's drug testing policy.

The case has caught the attention of trustees for Ball State, Indiana and 
Purdue universities. They fear a statewide ban on random drug testing would 
threaten their own testing policies and the overall strength of college 
athletics.

The three-judge appeals court panel said students cannot be forced to take 
drug tests in exchange for playing sports, participating in a play or 
driving to school. Specifically, they cannot be tested randomly, only if 
school officials have reasonable suspicion of drug use.

The case is now being appealed to the Indiana Supreme Court, which has not 
decided whether it will issue a ruling.

After the appellate ruling, the Indiana School Boards Association advised 
school districts with random drug testing programs to stop.

Although the appellate court ruling involved a high school, public 
universities believe they have a large stake in the decision -- and the 
outcome of any appeal.

"This is an important case that could have ramifications for all the 
universities in the state," said Purdue University Athletics Director 
Morgan Burke. "We would like to have a deterrent. You want your world-class 
athletes to not have anything to do with drugs."

Indiana and Purdue randomly test their student athletes for drugs, while 
Ball State focuses on testing only athletes who are suspected of using drugs.

All three are members of the NCAA, which requires schools to randomly test 
athletes year-round in football and track. The NCAA also requires random 
drug testing at championship events.

Eliminating random tests would worsen the drug problem at universities, 
lawyers for Ball State, IU and Purdue have argued in a document filed with 
the Indiana Supreme Court.

"There is no reason that athletes who are so widely admired should not be 
held to a high standard of conduct - to remain drug-free - and to be tested 
to assure that they do so," the brief states.

Ken Falk, the Indiana Civil Liberties Union attorney who has argued that 
random drug testing is illegal, contends the ruling will not impact 
colleges because it does not address the testing of adult students who 
participate in NCAA-sponsored activities.

Denny Miller, director of sports medicine at Purdue University, says he 
sees the benefits of random drug testing for the 475 athletes on the West 
Lafayette campus.

"We have young men and women away from home for the first time. If a 
concern about random drug testing is there, then they can use it as a 
crutch," Miller said. "It's not a constitutional right to be an athlete, 
and sometimes people forget that."
- ---
MAP posted-by: Beth