Reforming the NCAA Drug-Testing Program to Withstand State Constitutional Scrutiny: An Analysis and Proposal

Authors

Thomas P. Simon, University of Michigan Law School

Abstract

Shortly after year-round testing went into effect, the California Court of Appeal held that the NCAA's original drug testing program violated a student-athlete's right of privacy as protected by the California Constitution. This Note examines the impact of that decision and attempts to design a program that will withstand state constitutional scrutiny. Part I describes the current NCAA drug-testing program. Part II looks at the fourth amendment argument against drug testing of student-athletes. Part III assesses the viability of a federal constitutional attack on NCAA testing, while Part IV discusses a state constitutional challenge. Finally, Part V proposes reform of the current NCAA drug-testing program to achieve its goals within the bounds of federal and state constitutional rights of privacy.

Recommended Citation

Thomas P. Simon, Reforming the NCAA Drug-Testing Program to Withstand State Constitutional Scrutiny: An Analysis and Proposal, 24 U. Mich. J. L. Reform 289 (1990).
Available at: https://repository.law.umich.edu/mjlr/vol24/iss1/6