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For a first positive result, the player will be suspended for ten days. With this agreement in place, one may rightly speculate as to the need for any congressionally mandated policy. However, there are several possible reasons why Congress may still wish to regulate in this area.
Possible rationales may include, for one, a concern within Congress that the penalty provisions under the agreement may still be too lax. There may also be a worry that the league may fail to implement its own policy to the full extent agreed upon.
There is also the possibility that the agreement may not be renewed if the steroid problem is believed to have subsided in the future. Finally, even though this problem has been uniquely damaging to professional baseball, there may be a perceived need in Congress to standardize steroid testing across all professional sports leagues. In the wake of a number of public statements accusing various major league baseball players of using steroids, Congress, on March 17, , held hearings regarding anabolic steroid use in Major League Baseball.
According to House Representative Henry A. And we have to stop it. Not everyone shares this sentiment. It appears to be a publicity stunt. Despite this and other concerns, the hearings took place in March of and received intense public attention.
Several major league baseball players appeared to testify before Congress and respond to questioning from the committee members. Waxman began the hearings by asking the players appearing before him whether they knew of other players using steroids.
I was focused in what I had to do as part of my job. Representative John Sweeney of New York then asked the players to provide their thoughts on the steroid problem and what, if anything, Major League baseball could do about it. That I guarantee. And, basically, steroids are only good for certain individuals The testimony went on similarly for some time, but Palmeiro at some point made what was, in my opinion, the most enlightening statement of the hearings.
This legislation is aimed at not only getting rid of performance enhancing drugs on the professional level, but also sends a message loud and clear to the young people of America: Steroids are illegal. Steroids are dangerous. They can be deadly. And there is no place for them in our sports leagues or our school grounds.
In the next section, I discuss what this challenge might look like and how it is likely to result. A plaintiff may have a few constitutional claims with which to attack a federal anti-steroid drug testing policy like the Clean Sports Act of This section is devoted to a discussion of these possible arguments, starting with a benign yet necessary precondition of establishing justiciability.
Establishing Justiciability . In the present context, the minimal requirements that result from this limitation will likely have no impact on the ability of a professional athlete—or union representing a group of professional athletes—to bring suit against Congress alleging constitutional harm resulting from the drug testing program it has enacted into law.
The Constitution prohibits the states and the federal government from denying people the equal protection of the laws. Despite its broad language, the Equal Protection Clause does not bar all types of discriminatory conduct by the government. To be sure, otherwise virtually no laws would be constitutional as each law classifies by imposing burdens or conferring benefits on some individuals and not others. A court will apply strict scrutiny analysis in either of two circumstances: the classification targets a suspect class, or it materially impacts a fundamental right or interest.
Accordingly, because professional athletes do not constitute a suspect class, those affected would be unable to bring suit under strict scrutiny analysis based on a suspect classification argument. The athletes may, however, attempt to have their claim examined under strict scrutiny by arguing that the law impinges on a fundamental right. Under this principle, if a law classifies individuals in such a way as to prevent the exercising of a right understood by the Court to be fundamental, it will receive strict scrutiny, regardless of the nature of the group discriminated against.
Thus, because a drug testing law like the Clean Sports Act of neither targets a suspect class nor infringes on a fundamental right, no court will review it under strict scrutiny, but will rather be forced to evaluate its conformity to the proscriptions of the equal protection clause under rational basis review. In this section, I provide a detailed analysis of the outcome this claim could be expected to produce. No court in the United States has ever examined the question of whether federal legislation mandating the random drug testing of professional athletes would pass constitutional muster.
However, the Supreme Court and several Circuit Courts have addressed the constitutionality of governmental drug testing in two other settings: student-athletes,  and employees in heavily regulated industries . Provided below is a brief description of the factual situations in each of the cases. Skinner v. For this reason the railroads had been for several years before this case prohibiting their employees from having alcohol or being intoxicated while on the job. National Treasury Employees Union v.
Von Raab , decided by the Supreme Court on the same day as Skinner , resulted when union officials brought suit against the United States Customs Service to challenge the constitutionality of a drug-testing program to examine urine samples of employees applying for positions involving the interdiction of drugs, the carrying of firearms, and the handling of classified material.
The reason behind the regulation was public safety. Under the regulations, once an employee qualified for a position covered by this drug testing program, she would be advised that the final selection depended on a successful drug screening. Vernonia School District v. Acton  , also decided by the Supreme Court, but in June of , involved a slightly different context: public schools.
The drug-testing policy at issue applied to all students wishing to participate in interscholastic athletics. After the student was notified of his impending test, he was then required to inform the testers of any prescription drugs being taken, with a copy of the prescription or other verification attached.
In , the respondent in this case, James Acton, signed up for seventh grade football in the Vernonia School District. When he and his parents refused to sign the testing consent forms, he was denied the opportunity to participate in the athletic program. The Seventh Circuit was forced to examine this issue in Schaill v. Tippecanoe County School Corporation. The policy came about after the spring of , when a basketball coach at McCutcheon High School ordered all sixteen members of his team to provide urine samples.
Under the program, much like in Vernonia , students wishing to participate in interscholastic athletics were required to sign a form consenting to random urinalysis. If the sample tests positive under both tests that are administered, the student would be informed and provided with the opportunity to have the sample retested in the laboratory of his choice. In , appellants Darcy Schaill and Shelley Johnson were sophomores in the school district.
Not surprisingly, however, the case came out much the same way. The Seventh circuit revisited this issue, though not in the public school context, in when it decided Dimeo v. First, the Board was concerned with the personal safety of those participating in the sport. Based on the foregoing, the Board adopted the challenged rules in Like the regulations at issue in the other cases discussed in this paper, the individual being tested was permitted to give his sample from within a private stall, with a representative listening in for the normal sounds of urination.
There are several other relevant cases, but their fact patterns largely resemble that of those just described, and each of the courts ultimately based their decisions on a balancing inquiry meant to examine the reasonableness of the challenged action.
Furthermore, as the Court stated, student-athletes, have an even smaller expectation of privacy than that of students generally. Public school locker rooms, the usual sites for these activities, are not notable for the privacy they afford. With this greater level of scrutiny of their physical health, the Court held, comes a diminished expectation of privacy relative to that of a normal citizen.
Several Circuit Courts have also weighed in on this matter. In Wilcher v. City of Wilmington , the Court of Appeals for the Third Circuit found that firefighters had a diminished expectation of privacy in part  because of their employment in a heavily regulated industry affecting the health and safety of to the public and their co-workers. Similarly, the court in Dimeo v. The Seventh Circuit, in Schaill v. Tippecanoe County School Corporation , addressed this issue in a similar fashion.
Circuit courts have resolved this matter similarly. Similarly, in Dimeo , where the randomized drug testing of jockeys was at issue, the Seventh Circuit held that the nature of the intrusion was not significant. This holding, however, does not extend as far as the government would hope in the present context.
As stated earlier, when the Court has conducted this inquiry in the past, it—and the various Circuit Courts applying it—has attempted to balance three factors: the nature of the privacy interest at issue, the intrusion of the law on that interest, and whether the law promotes a legitimate government interest.
Griffin ,  professional athletes, such as major league baseball players, should reasonably expect to be subjected to physical examinations during the course of their voluntary participation in athletic competition, and therefore it would be of no great surprise for a court to hold that the privacy interests of professional athletes required to provide urine samples are diminished relative to the public at large.
The second factor to be balanced against the others is the level of intrusion upon the privacy interest at hand. First, the individual giving the urine sample should be afforded the privacy of a bathroom. To be sure, though the privacy interests and level of intrusion on those interests caused by drug testing policies are nearly identical here and in the leading case law, the real difficulty involves balancing these two elements against the governmental interest at hand.
Unfortunately, the Court has never articulated precisely what level of governmental interest would be required to sustain drug testing policies they have evaluated. The interests that have been enough in the past have been i to ensure public health and safety as affected by employees in heavily regulated industries,  and ii to protect the health of school children.
Moreover, the federal interest involved in a federally mandated drug testing policy, such as the Clean Sports Act of , appears to be very different of that seen in Skinner ,  where the ultimate concern was that the public would be placed at risk by employees in the railroad industry being drunk or otherwise intoxicated, as well as Vernonia,  where the overriding interest was the prevention of recreational drug abuse by school children.
Rather, though unlikely given the constraints of current Supreme Court doctrine, if argued in the correct manner, a steroid testing policy may survive constitutional inquiry. Similarly, though not a Supreme Court decision, one may wish to analogize to the holding in Dimeo v. Griffin , where horse-racing jockeys were the subject of regulation. However, unlike the New Jersey horse-racing industry, national sports leagues like Major League Baseball have never been the subject of heavy governmental regulation, a significant fact contributing to the holding there.
Maturing nervous systems are more critically impaired by intoxicants than mature ones are; childhood losses in learning are lifelong and profound; children grow chemically dependent more quickly than adults, and their record of recovery is depressingly poor. This is not to say that the Court is bound to its standing precedent, but merely that much would need to be changed in the prevailing doctrine for a law like the Clean Sports Act of to withstand Fourth Amendment scrutiny.
Yet at this point the bills that have been proposed over the last year have been stagnant in Congress, perhaps owing to the fact that Major League Baseball has already undertaken to correct its perceived steroid problem. And if the MLB and other professional leagues are able to continue in their efforts to quell public criticism of their past complacency with steroids, there may never actually be a need for Congress to involve itself in this dangerous issue.
The so-called steroid epidemic in America has been the subject of much debate in the last half-century. Against this backdrop lies considerable controversy regarding their place in athletic competition. As a result of this political controversy, as well as the Congressional hearings held in early , professional sports leagues, most notably Major League Baseball, have sought to implement their own testing procedures.
Yet, there may still be reason to believe that legislation governing the issue may turn up in the future. Whether these laws would follow the proscriptions of the Fourth Amendment, however, is a different story, and one that, under current precedent, is very likely to come out against Congress. Davis Co. Taylor, M. One of the more obvious of these mechanisms deals with the increase in muscle mass of the steroid user, especially when the user combines the steroid use with a weight-training program.
Anabolic steroids are made synthetically and are powerful drugs that function as steroid hormones within the body. In many ways they tend to mimic the functions of the male sex hormone, although each of the 20 or so varieties currently on the market may produce a slightly different effect on any given user.
How serious are the health hazards? Results found in a study of a young male athlete who used steroids. Reported in an anabolic steroid user without other risk factors other than sharing of needles for steroid injections. Consequently, when anabolic steroids are taken they disrupt the control mechanisms. This reduces natural testosterone output and, as a result, inhibits sperm production.
First, no other hormone parallels the history of the development of medical endocrinology better than that of the male sex hormone. Second, it reveals how important timing is for the discovery and use of drugs. Third, it reveals some of the pitfalls in attempting to thwart scientific inertia by the promotion of false dogma.
Fourth, it uncovers some of the medical antipathy associated with drugs or hormones that significantly alter sexual desire or sexual performance. Newerla, The history of the discovery and isolation of the male hormone , 2 New England J. Weil, The history of internal secretions , 32 M. Life Berthold, Transplantation der Hoden , Arch.
Physiol, u. This syndrome had symptoms that could be listed under four clinical headings: neurocirculatory, psychosexual, genitor-urinary, and miscellaneous. These clinical headings in older men with the syndrome may translate into a variety of symptoms believed to be caused by a decreased testosterone level, including anxiety, decreased libido, muscular aches, fatigue, and accumulation of lower-trunk fat Simonson and coworkers from the Research Laboratory of Mount Sinai Hospital in Milwaukee, Wisconsin, published the most definitive article on this topic in Six older men were treated with 30 to 40mg of methyl testosterone tablets supplied by Schering Corporation under the trade name Oreton-M for three to six-week periods.
The older men experienced an enhancement of central nervous system reflex time measured by flicker fusion frequency , back muscle strength enhancement, and increases in dynamic and static work performance. These changes were maintained up to eight months with periodic intervals of drug use and off-drug schedules. This fact always seems to be a basic ingredient for dogma , and much dogma, because it is based on opinion and a smattering of science, is eventually proven incorrect and often damaging for further progress.
For example, the American College of Sports Medicine changed its official position to hold that anabolic steroid use in combination with weight training and proper diet may result in enhanced athletic performance. The extent to which such employees are tested and the criteria for such testing shall be determined by the head of each agency, based upon the nature of the agency's mission and its employees' duties, the efficient use of agency resources, and the danger to the public health and safety or national security that could result from the failure of an employee adequately to discharge his or her position.
Agencies shall take precautions to ensure that a urine specimen not be adulterated or diluted during the collection procedure and that information on the urine bottle and in the record book can identify the individual from whom the specimen was collected. Nothing in this subsection shall prescribe or prohibit the use of drug testing programs. This is particularly true for children and young adults, as the medical research makes clear that illegal steroid use can be especially harmful to them To boil our position down to its essence: The players want to rid their game of illegal drug use.
Moreover, one should not, absent compelling safety considerations, invade the privacy of someone without a substantial reason - that is, without cause - related to that individual. While the Fourth Amendment's protection against unreasonable searches and seizures is not directly applicable to the private employment setting, we have always believed that the important principles on which it is based should not be lightly put aside.
According to Mr. Fehr, under the Joint Drug Agreement, once program testing began in a first time offender was to be placed on the "clinical track", that is, required to meet with our doctors and to abide by their treatment program, including further testing for that individual, but was not suspended nor his name made public unless he committed another infraction.
There was good reason for this; our focus was on treatment and prevention, not discipline, as is common in drug treatment programs, particularly for first time offenders. But this was unacceptable, we were told, because it meant players could continue to use illegal steroids without fear of serious penalties until after the first positive test. Requires a suspension of an athlete for a minimum of two years for the first violation and a lifetime ban for the second violation.
Allows a league to impose a lesser penalty if the athlete: 1 establishes that he did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he had used the prohibited substance; or 2 provides substantial assistance to the league in identifying violations of the league's drug testing policy by other athletes or by any personnel working with or treating athletes.
Authorizes the Director of National Control Policy to modify standards for a league under exceptional circumstances or for good cause with limitations. Require the Director to include additional professional sporting leagues or colleges if such additions would prevent the use of such substances by high school, college, or professional athletes. Treats violations of this Act as unfair or deceptive acts or practices under the Federal Trade Commission Act. If a hockey player can pop a couple of painkillers and feel enough pain relief to get back to practice ahead of schedule after an injury, coaches and potentially even sports medicine professionals might suggest continued use of the medication.
If they are addicted to another substance like alcohol, athletes may make bad decisions like drinking before a competition to stave off the symptoms of withdrawal. This pressure worsens addictions and leads to athletes staying silent, rather than getting the help they need. Drug abuse in athletes often has a significant mental health component.
Student-athletes who must balance strenuous practices and competitions with academics are particularly vulnerable to mental health issues that can lead to or worsen addiction. Drug use in professional sports has many of the same components.
Here is how the top three mental health conditions can influence addiction in athletes. Participation in sports is more likely to produce performance anxiety and panic disorder, as well as phobic anxiety following an injury.
While generalized anxiety disorder and obsessive-compulsive disorder are fairly common, they are less likely to have a connection to sports. Performance anxiety may lead to panic attacks that induce physical symptoms like a racing heart, sweating and shortness of breath.
Although the average onset of depression is around age 22, student-athletes may be more susceptible to the disorder, given their unique burden of juggling so many different types of responsibility. Signs of depression include:. These symptoms can make it difficult to fully participate in sports or any other activities, and athletes may attempt to alleviate symptoms through the use of substances like marijuana, alcohol or stimulants such as cocaine.
Given the physical nature of sports, athletes are more vulnerable to eating disorders ED. They occur in both genders but are more common in women. Athletes in sports where lower body weight and fat percentage translates to better performance or where there are rigid weight classes are also more susceptible to eating disorders.
Gender and type of sport make a significant impact as well:. Eating disorders may lead to the abuse of stimulants, the side effects of which include suppressed appetite and higher energy levels. The drugs used may range from prescriptions to treat ADHD to illegal drugs like methamphetamine.
Symptoms include:. The relationship of mental health to substance abuse and addiction is close, and it may or may not be causal. Abusing drugs generally makes symptoms of mental illness worse, while the symptoms of mental illness increase the chances that an athlete will turn to substance abuse to self-medicate. Proper treatment is the only way to divert an athlete from a path of addiction that will ruin their career and their life. Despite their unique challenges, athletes need to undergo the same recovery process as the rest of us.
In addition to withdrawal management services, athletes can choose between an inpatient, outpatient or partial hospitalization program, depending on their addiction history and severity of the addiction. The right treatment for an athlete depends primarily on how long they have been struggling with substance abuse, the substance they are abusing and their history of relapse or lack thereof.
If you know an athlete who is wrestling with addiction, you know the feeling of wanting to help but not being sure of how. Initially, the athlete you care about probably knows more about their addiction than you do. If you want to help them get treatment, you need to understand how addiction works and the details of the substance they are using.
You can find plenty of educational resources online. Try to stick to authoritative resources, such as ones offered by the government, nonprofit organizations and scientific journals. Offering to give them rides to treatment or even lending a listening ear can encourage an athlete to take the next steps. An addict may not be ready to get help right away. If they turn down your first offer, let them know they can reach out to talk at any time. Keeping the door open is essential to ensuring the person feels supported.
One of the most significant barriers to treatment is the person with addiction not knowing where to turn for help. They may not know what effective treatment looks like, or even that it exists in the first place. You can even make a pro and con list to help the decision along. With over a million patients treated, we have built up expertise to handle addictions of all types with compassion and efficacy.
If you or someone you care about is suffering the tragic consequences of drug abuse and addiction, you have no time to waste in finding an effective treatment. We accept all major insurance plans. Most deductibles have already been met, leading to little of out of pocket cost, if an admission is made prior to year-end. Skip to content. What is Addiction Medicine?
Blog Contact Top Bar. Call Us Today at Addiction Destroys Dreams, we can help. Sports, Drugs and Addiction. Dec 16 Why Athletes Are at Risk for Substance Abuse Participating in sports can be an intensely positive experience that improves the mind and body in numerous ways. In males, steroid use leads to: Shrinkage in the testicles Prostate cancer Decreased libido In women, steroids have a masculinizing effect that includes decreased breast size, deepening of the voice, menstrual irregularities and growth of facial or body hair.
Addiction Following Sports Injuries Injury is an expected part of sports. Athletes Suffering in Silence Athletes with drug problems face a dilemma that makes seeking treatment more challenging than for the average person. The Role of Mental Health in Athlete Addiction Drug abuse in athletes often has a significant mental health component.
Signs of depression include: Depressed mood Loss of interest in activities Sleep disturbance Lack of energy Appetite and weight changes Impaired concentration These symptoms can make it difficult to fully participate in sports or any other activities, and athletes may attempt to alleviate symptoms through the use of substances like marijuana, alcohol or stimulants such as cocaine.
Eating Disorders Given the physical nature of sports, athletes are more vulnerable to eating disorders ED. Symptoms include: Increased blood pressure and heart rate Hyperventilation Decreased blood flow Increased blood sugar The relationship of mental health to substance abuse and addiction is close, and it may or may not be causal. Treatment Options for Addicted Athletes Despite their unique challenges, athletes need to undergo the same recovery process as the rest of us.
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