Preview

Drug Testing for School Athletes

Good Essays
Open Document
Open Document
966 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Drug Testing for School Athletes
Drug use in school athletics has become a substantial problem in today’s society. With the rising pressure to succeed and the high level intensity in athletics, it does not come to a surprise that so many student–athletes are giving in to drugs. Many schools that are faced with drug use are turning to mandatory drug tests for student-athletes; however mandatory drug tests are a violation of the Fourth Amendment, the Fifth Amendment and drug testing reverses the legal principle of innocent until proven guilty. In order to protect the rights of the American people, drug testing student-athletes without suspicion and without sufficient evidence should not be introduced into school athletics due to the fact that it violates the Fourth Amendment and the Fifth Amendment of the Constitution.
Without suspicion of drug use, schools cannot require drug tests of athletes, because it violates their Fourth Amendment right. According to the US Bill Of Rights: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.” (Cayton). This means that you need probable cause or suspicion of drug use before you can require a drug test of someone. School athletes should not be subject to unjust searches based on non-existent evidence. The searches would be both unlawful and unreasonable thus making the policy unconstitutional. Nevertheless, there are many people who oppose this policy, and believe that student-athlete drug testing is needed to protect the common good and ensure the safety of everyone (Mikula). However, no policy should be able to violate the constitution and infringe on the student’s privacy. An example of this is from a court case involving a Texas School District. The Texas School argued that they needed a policy to test student-athletes for drugs to help control the “drug crisis” going on at their school.



Cited: "American Civil Liberties Union." American Civil Liberties Union. N.p., 21 Oct. 2002. Web. 20 Oct. 2012. . Cayton, Andrew R. L., Elisabeth Perry Israels., Linda Reed, and Allan Winkler M. Prentice Hall America: Pathways to the Present. Boston, MA: Pearson Prentice Hall, 2007. Print. "High School and Youth Trends." Home. N.p., n.d. Web. 24 Oct. 2012. . "Innocent Until Proven Guilty." Innocent Until Proven Guilty. N.p., n.d. Web. 20 Oct. 2012. . Mikula, Mark F., L. Mabunda Mpho, and Allison Marion McClintic. Great American Court Cases. Detroit: Gale Group, 1999. Print.

You May Also Find These Documents Helpful

  • Powerful Essays

    Constitutional Rights Enforceable Under § 1983 23 Reputational Harm 24 Failure to Protect from 3rd Parties 25 State of Mind in Constitutional Torts 26 Procedural Due Process Violations 27 Substantive Due Process Violations 28 Non-Constitutional Rights Enforceable under § 1983 29 § 1983 and Implied Private Rights of Action 31 Damages 32 Compensatory Damages 32 Punitive Damages 33 Punitive Damages for Municipalities 34 Attorney’s Fees 35 Identifying a Prevailing Party 36 Administrative Success 36 Nominal Damages 36 Catalyst Theory 36 Determining Fee Awards 37 Multiple Claims 38 Reasonable Rates 39 Contingent Fees 39 Administrative Proceedings 39 Risk Enhancement 39 Attorney’s Fees & Settlement Negotiations 41 Fee Waivers 41 Rule 68 41 Administration of the Civil Rights Acts: Intersections of State and Federal Law 42 § 1983, Habeas Corpus, and Res Judicata 42 Additional Reconstruction Litigation 47 § 1982 – Freedom of Property 48 § 1981 – Freedom to Contract 49 Structural Reform Litigation 50…

    • 29388 Words
    • 118 Pages
    Powerful Essays
  • Good Essays

    In a town named Vernonia, Oregon, the local public schools faced a major problem regarding the drug use of students while participating in high school athletics (3). The Vernonia School Board were disturbed that drug use increases the risk of sports-related injury (4), so they approved an anti-drug policy, the Student Athlete Drug Policy, which requires random drug testing of the school’s student athletes (5). However, this became a conflict with the parents of a child named James Acton. The parents refused to sign a consent form to allow their kid to take the drug test because they felt it went against the 4th Amendment’s prohibition against “unreasonable” searches (6). The case was dismissed in the Federal District Court and was appealed to the Court of Appeals for the 9th District (7). This court favored the Acton families’ complaint, but random drug testing in public schools was ruled allowable in 1988 in Indiana, Illinois and Wisconsin (8). The case went on appeal to the U.S. Supreme Court to conclude conflicting court decisions (9).…

    • 1137 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Cayton, Andrew, Elisabeth Perry, Linda Reed, and Allan Winkler. America Pathways to the Present. Boston, Massachusetts: Pearson, 2007. N. pag. Print.…

    • 922 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The second one is if the athlete does not get drug tested and does drugs then it will lead into poor academic outcomes.…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    It had three goals: prevent athlete drug use, protect student health and safety, and provide drug assistance programs. It imposed strict eligibility requirements: parents of student athletes had to submit a consent form for drug testing of their children, and the student athletes had to submit to tests. Once weekly the school randomly tested 10 percent of all student athletes by taking urine samples that were analyzed for illegal drug usage procedure known as urinalysis.…

    • 658 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The policing of drug use in sports should be the job of the athletic associations and not the congressional leaders of our country. Furthermore, those people who have the responsibility of…

    • 1006 Words
    • 5 Pages
    Better Essays
  • Good Essays

    1995, the United States Supreme Court issued a decision in Vernonia School District 47J v. Acton that stated that schools do have a right to test athletes for the presence of drugs. The debate intensified in 2002, when the Supreme Court in Board of Education v. Earls narrowly ruled that it is lawful for schools to give random drug tests to students involved in other extracurricular activities, not only athletics. (Sutten, 1)…

    • 458 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Student Athlete Benefits

    • 908 Words
    • 4 Pages

    They should be tested every other week or at least once a month. Some might argue that it is an invasion of privacy, but in reality they are just afraid of being caught for doing illegal activities. For one, the consumption of alcohol is illegal for minors, and all high school students are under age. Secondly, athletes represent the school they play for, and they don’t want to be know as the guy or girl that got blacked out drunk the sunday before the game. And last but not least, taking drugs can have an immense negative impact on the student's health. According to, the illustration–How Drugs Affect Sport Performance–on Richard L. Worsnop article it states that although Amphetamines can, “[h]eighten alertness and postpones onset of fatigue,” it can result in long term consequences like, “[f]eelings of anxiety and restlessness, accompanied by rapid heartbeat and breathing; [and] risk of addiction.” Many of drugs taken have similar effect on the body, it enhances the athletes performances, they recover faster, and even let them gain muscle mass, etc. On the other hand, they all have worse long term effects then the temporary effect they athletes do them for. For example, Beta-blockers can cause asthma, erythropoietin can result in a stroke or heart attack, while steroids can cause liver and heart disease, and even sterility (Worsnop). Four year varsity basketball player, Kristopher Nicolas states, “I personally have never taken drugs, but I know of teammates that have. I believe that if one truly loves the sport than they don’t any enhancements to be better at it, it has to come from one's inner motivation. A good pep talk before the game is more than enough to motivate me.” Besides the fact, that alcohol and drug use can have a serious impact on one's health, drugs are illegal, and any student caught should not be allowed to part of a…

    • 908 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Drugs are not a wise choice but many people do take them. Half of the people that do them aren't even on school campus when they do them. Having that said, why is it a teachers responsibility to worry about a student outside of school (Parker). Whatever happens when they are not in the classroom has nothing to do with that teacher. During sports, however, it might be a different story but, it still does not give the coach the right to tell their players to take a drug test (Johnston).Whether they are against it or for it, it just proves that coaches and adults don't trust…

    • 803 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Drug abuse is a major problem in our society as a whole and increasingly within our youth. In recent years, many school districts have implemented student athlete drug testing programs within their schools. Athletes were targeted because student athletics are voluntary and the "athletes are often held to higher standards than other students, keeping their grades up for example" (Tantillo, Wen & Morgo, 1995, p. A22).…

    • 1061 Words
    • 5 Pages
    Better Essays
  • Better Essays

    In many states, including Arkansas, Indiana, Maryland, Michigan, Ohio, Oklahoma, Oregon, Texas, and Washington there has been lawsuits filed against the school districts for their drug testing policies. Parents say that innocent students will be punished and their rights will be violated because if an innocent student tests positive for a drug test because there was a glitch in the testing, this can be a very serious accusation to a student who is guilty (Citation). It goes past the students’ privacy because when the athlete is taking the illicit substance they are trying to help themselves be better at the sport they are playing in, and this is their way to play at the next level in sports. If they were to get caught with these drugs in their system, it can put them on probation and possibly get them suspended from the team which can ruin their chances at getting a scholarship for college, and moving on to the professional level from college. Most people say that it can harm student athletes in an emotional and mental state, but what parents do not know is that it can affect the student physical especially if the student is taking substances and is playing in high impact sports which can put the athlete at a higher risk for head, and other body injuries. Schools wanted to start…

    • 1464 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Middle school drug testing should be forced on schools,because some athletes could be taking steroids. If you get caught taking drugs,steroids, and special punishments should be made for the type of drug and person. The higher amount of drugs should equal a bigger punishment.They drug test for OPIOIDS and MARIJUANA.How they test is you pee in a little cup.There are two types of UDT testing.The first one is a screening test ,and the second one is confirmatory test.…

    • 302 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    number of schools in the U.S. are drug testing students in hopes that it will curb student drug use. The majority of these policies target student-athletes or participants in extracurricular activities, and on both sides of the debate, many questions remain: Is student drug testing an invasion of privacy? How prevalent are drug-testing policies in U.S. schools? Does research show that these policies work? A look at the facts provides a clearer picture about the benefits and problems associated with student drug testing.…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Evidence by prestigious individuals claim to disprove the evidence presented by these “written self-reporting surveys”. In these self-supporting surveys, they claims that “58% reported that drug use by students decreased,” while in the other article, it states that “The first large-scale national study on student drug testing found no difference in rates of drug use between schools that have drug testing programs and those that do not.” Another example of this article disclaiming the effectiveness of drug testing is “Based on data collected between 1998 and 2001 from 76,000 students nationwide, in 8th, 10th, and 12th grades, the study found that drug testing did not have an impact on illicit drug use among students, including athletes.” One side of this argument seems to value the privacy and natural rights of the student, while the other side seems to value the safety of the student and developing good…

    • 1224 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Would you want your star basketball player to be kicked off the team during playoffs? Of course not! Would you want your whole football team to losing because of some marijuana being passed around the locker room? No! High schools should perform random drug tests through all sport seasons. It will help the team perform to it’s highest potential. It will reduce the drug use in the school. It will also help from kids getting kicked off the team in the middle of the season because they were caught with said drugs. This is why schools should perform random drug tests. At the beginning and randomly during the…

    • 547 Words
    • 3 Pages
    Satisfactory Essays