SUBJECT: Drug Testing: Appeals to the National Coordinating Committee

Amend Bylaws Article VI, Section E as follows:

An institution (chief executive officer, athletics director or faculty athletics representative) shall have the right to request an appeal of a ruling by the National Eligibility Committee, the National Conduct and Ethics Committee, the National Administrative Council, the Competitive Experience Committee, the Home School Committee, the NAIA Membership Committee, the National Drug Testing and Education Committee and/or the Council of Faculty Athletics Representatives on behalf of the institution and/or student to the National Coordinating Committee, within 30 days of notification, provided:

  1. There is new or additional evidence pertinent to the case that was not considered in reaching the initial decision;
  2. The decision reached was demonstrably capricious or arbitrary; and/or
  3. There was demonstrable bias or discrimination which influenced the decision.

. . .

AND

Amend Bylaws Article VIII, Section A as follows:

An institution may appeal challenge the results of a positive test. The National Drug Testing and Education Committee will consider all such appeals challenges, and will consider any applicable medical exemptions.

. . .

__________

Intent: To provide an NAIA institution an opportunity to appeal a decision of the National Drug Testing and Education Committee (NDTEC) to the National Coordinating Committee if it can show there is new or additional pertinent information not previously considered, the NDTEC’s original decision was capricious or arbitrary, or the NDTEC’s original decision was biased or discriminatory.

Effective date: August 1, 2018

Submitted by: National Drug Testing and Education Committee

 

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