Mandatory Steroid Testing of High School Athletes: A Synthesis of State Initiatives and Federal Constitutional Rights

21 J. Legal Aspects Of Sport 239

26 Pages Posted: 12 Nov 2011 Last revised: 20 Feb 2013

See all articles by Kenneth J. Sanney

Kenneth J. Sanney

Western Carolina University

Keith J. Christy

Defiance College

Shantel R. Kovar

Central Michigan University - College of Business Administration

Date Written: November 11, 2011

Abstract

In an effort to protect schoolchildren from sacrificing their health for steroid-induced athletic grandeur, some states have experimented with laws implementing suspicionless drug testing of student athletes. These laws leave open several avenues for legal challenges to be brought through the prohibitions against unreasonable search and seizure found in the Fourth Amendment to the United States Constitution. Such drug testing laws, both current and future, should align the policy goals of the initiatives with the constitutional framework of the United States Supreme Court’s Fourth Amendment jurisprudence as it specifically relates to suspicionless drug testing of schoolchildren. To assist those interested in such initiatives, the authors have attempted to synthesize the state initiatives with the federal constitutional restraints upon suspicionless searches conducted by public school officials.

Keywords: Drug Testing, Constitution, Student, School, Athlete, Steroid, Performance Enhancing Drug, Fourth Amendment, Search and Seizure, Search, Seizure, Suspicionless Drug Testing, Suspicionless, preemption doctrine, preemption, athletics, Texas, New Jersey, Florida, Illinois, Adolescent Drug Use,

Suggested Citation

Sanney, Kenneth J. and Christy, Keith J. and Kovar, Shantel R., Mandatory Steroid Testing of High School Athletes: A Synthesis of State Initiatives and Federal Constitutional Rights (November 11, 2011). 21 J. Legal Aspects Of Sport 239, Available at SSRN: https://ssrn.com/abstract=1958307 or http://dx.doi.org/10.2139/ssrn.1958307

Kenneth J. Sanney (Contact Author)

Western Carolina University ( email )

United States

HOME PAGE: http://www.wcu.edu

Keith J. Christy

Defiance College ( email )

Defiance, OH 43512
United States
419-783-2422 (Phone)

HOME PAGE: http://www.defiance.edu/pages/bus_majors_sports_management.html

Shantel R. Kovar

Central Michigan University - College of Business Administration ( email )

Mt. Pleasant, MI 48858
United States

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