Legal obstacles prevent Iowa from testing athletes

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By Andrew Petersen | Saturday, May 24, 2008 11:26 PM CDT | () comments

Ten years ago, the Maquoketa School District looked into randomly drug testing its high school students.

In the decade since Maquoketa discussed that possibility, the issue of such testing has received little attention.

As Illinois prepares to begin randomly testing its high school athletes for performance-enhancing drugs next fall, don’t expect a similar course of action in Iowa.

The reasons the Hawkeye State isn’t following suit isn’t because officials scoff at the idea of Iowa students using steroids.

In a 2004 Iowa High School Athletic Association survey of 4,025 randomly selected boys and girls, 4 percent of respondents acknowledged using steroids. In the 1999 survey, that number was 2 percent.

Rather, it’s legal issues that would prevent Iowa from adopting a measure similar to that off Illinois.

“At this point with state law, it’s not permitted,” IHSAA assistant executive director Alan Beste said. “To this point we’ve really tried to put efforts into educational programs.”

Beste, a former athletic trainer at Pleasant Valley, oversees wellness and sports medicine concerns for the IHSAA.

He pointed to Chapter 808 of the Iowa Code, which lays out strict guidelines regarding search and seizure. Searches are only permitted when probable cause can be known, thus nixing random testing.

Those same legal principles grounded Maquoketa’s efforts to test students for recreational drugs in 1998.

“There were a number of people who were in favor of it who felt because it was a preventative type of action,” Maquoketa superintendent Kim Huckstadt said. “We actually pursued it through legal council, but the district’s insurance company said, ‘You’re on your own.’ At that point here at the local level, it was determined that if state laws changed, the issue would be picked up again.”

In 1995, the U.S. Supreme Court ruled that random drug tests fall within the parameters of the Fourth Amendment of the U.S. Constitution. But state laws differ, and many, such as Iowa have stronger language limiting such tests.

The Illinois High School Association reported no legal hang-ups in enacting its policy.

Even with the complications, many school officials in Iowa would be open to the possibility of testing athletes for performance-enhancing drugs.

“There’s a lot of pros and cons,” Pleasant Valley athletic director Randy Teymer said. “(High school use) doesn’t surprise me because everyone is always looking for edge. When you look at Major League Baseball, and you know it’s going on in football, and those are their idols. Those are the ones that have the impact when they are making their decision. These kids aren’t looking 20 years down the road.”

Like Teymer, Beste would like to see more studies done that illustrate the deterring effect of random testing.

Davenport North AD Jon Flynn is ready for testing now.

“In talking to (other high school administrators), I think that nobody is able to give me a reason why it’s a bad idea,” he said. “Personally, I think it’s another reason to keep tabs on the kids. I think there are kids that have that stuff within their means.

“Unfortunately, the draw of beginning the better athlete is very strong for some kids.”

Asked and answered

Q. Why are performance-enhancing drug tests so expensive?

A. Each of the four states that test high school athletes contract the procedure out to Kansas City-based National Center for Drug Free Sport. Drug-Free Sport only uses laboratories accredited by the World Anti-Doping Agency. The United States houses only two such labs, in Los Angeles and Salt Lake City, Utah, making the cost of such tests up to $200. Tradition drug tests cost approximately $30.

Q. What drugs are banned?

A. Illinois will use the NCAA banned-drug list, which includes more than 25 varieties of anabolic steroids.

Q. How is the program being funded?

A. The Illinois High School Association will draw the budgeted $150,000 from its general fund. Individual schools will incur no additional costs, IHSA assistant executive director Kurt Gibson said. The IHSA is funded through ticket sales at state tournament contests. After initially considering additional ticket surcharges to help cover the cost of the program, Gibson said prices will remain the same.

Q. When will athletes be tested?

A. Randomly selected athletes will be tested shortly after the completion of a postseason game or meet. Officials at the host school will be notified in advance that tests will conducted, but athletes will not find out until immediately before being tested.

Q. What happens to a title if someone on a state championship team tests positive?

A. In individual sports such as golf and track, the title would be vacated. In team sports, Illinois will examine team penalties on a case-by-case basis. Gibson said a championship is more likely to be taken away if a key player tests positive versus a minor contributor. None of the other three states that test use team penalties.

Q. How long will it take for schools to get test results?

A. Results can take up to two weeks, and the appeals process could take an additional couple weeks.