The Professional Softball Club, Inc. is the parent company of the ASBA, ASBA Futures, ASBA Shop, and ASBA Network.
Professional Player Wellness Policy (“Policy”) – Originally Implemented on February 14, 2018
The “non-medical use” and associated abuse of prescription medications and performance enhancing drugs, as well as the use, possession and/or distribution of illegal drugs, by Players are unacceptable and prohibited by this Policy, as is the use of masking agents or diuretics taken to conceal or obscure the use of prohibited drugs.
For purposes of this Policy, the phrase “non-medical use” shall mean use of a drug for other than a legitimate medical purpose given pursuant to a valid prescription from a licensed and treating physician.
The Professional Softball Club, Inc. recognizes that prescription medications serve essential or beneficial purposes for the health and well-being of Players, and nothing in this Policy is intended to discourage the proper use of prescription medications. Conversely, there are some prescription medications that, even when used properly, may affect safety or health and some prescription medications that can be abused and affect safety and health. The following uses of prescription medications are prohibited under the Policy:
The use of a prescription medication in a manner which is inconsistent with the instructions provided by the prescribing physician.
The use of a prescription medication so as to cause an increased risk to health, safety or an impairment of ability to perform.
The use of a prescription medication without a valid prescription from a licensed and treating physician that was given for a legitimate medical purpose.
The use of a prescription medication obtained from a physician who was not advised that another physician was prescribing the same and/or similar medication/drug.
The possession, use, and/or distribution of any drug made illegal to possess, use and/or distribute by the laws of the United States of America and/or any of its fifty states is prohibited by this Policy.
HERBAL AND DIETARY SUPPLEMENTS
Over the counter or internet purchases of dietary supplements represent risk of testing positive for a prohibited drug under this Policy. Players are advised that any product sold with a warning advising non-use if the purchaser is subject to a drug testing program is prohibited by this Policy even though such product may be available without a prescription.
Regardless of whether there is a prescription, the use of synthetic drugs in any form will be considered a non-medical use for purposes of this Policy. The use of synthetic drugs, including but not limited to synthetic cannabis, is therefore prohibited and subject to the penalties set forth in this Policy.
MASKING AGENTS AND TECHNIQUES TO AVOID DETECTION
The use of any agent or technique which is designed to avoid detection of a prohibited substance and/or compromise the integrity of a drug test is prohibited. This includes providing false urine samples (for example, urine substitution), contaminating the urine sample with chemicals or chemical products, the use of diuretics to dilute urine samples, the use of masking agents, and/or the use of epitestosterone either systematically or directly to artificially alter the testosterone/epitestosterone ratio.
The use of any such agent or technique shall be treated as a positive test for drugs prohibited by this Policy and shall be subject to the penalties set forth in this Policy.
USE OF ALCOHOL
Players are expected to be free of the influence of alcohol when performing. Accordingly, Players are prohibited from using or consuming alcohol at any time within a twelve hour period prior to any Event or scheduled performance. Testing for the use of alcohol shall be for reasonable suspicion only as defined in this Policy. A positive test for alcohol shall subject the Player to the penalties set forth in this Policy and may also require evaluation for alcohol rehabilitation treatment.
PROVISIONS AND EXEMPTIONS
Players are required to provide prescriptions for all drugs prohibited by this Policy upon receipt of such a prescription from her treating physician.
The method to provide this information is as follows:
In an email to email@example.com, the Player shall print her name and phone number, the name of the medication, the prescribing physician, and his or her office phone number along with a copy of the prescription providing the dosage and duration instructions for proper use. Exemptions shall be effective for no more than one (1) calendar year from the date The Professional Softball Club, Inc. was first notified. No provision shall be effective for any use or possession of an illegal drug.
TESTING FOR USE OF PROHIBITED SUBSTANCES
Reasonable Suspicion Testing
The Professional Softball Club, Inc. may require Players to submit to a test or tests, including, without limitation, urine, blood, saliva, hair, and/or breath tests, if there exists reasonable suspicion that she has violated any part of this Policy or has diminished ability to perform as a result of using any prohibited substance. Some of the conditions, observations and/or reports that may cause such a reasonable suspicion are as follows:
A Player is found, observed in possession of, or admits to the use or possession of illegal drugs or illegal drug paraphernalia at any time. Observation of signs, symptoms and/or behaviors known to accompany the use of prohibited substances including, but not limited to: physical signs of red or droopy eyes, dilated or constricted pupils; slurred speech, stumbling, or hyperactivity; needle marks; repeated unexplained disappearances from an Event or performance; unexplained lateness; nose constantly runs, appears red, or persistent sniffling; time distortion, including repeated tardiness and missed appointments; chronic forgetfulness or broken promises; inability to concentrate, remember, or maintain attention; mental confusion, paranoia, or presence of abnormal thoughts or ideas; violent tendencies, loss of temper, or irritability; extreme personality change or mood swings; deteriorating personal hygiene or appearance; aromas on or about the breath, body or clothes; a drug related conviction; receipt of a report from a reliable source that a Player is using, possessing or selling illegal drugs; an examination or test, as provided by this Policy, which shows evidence of use of a prohibited substance or which shows evidence of an adulterated or manipulated specimen; and The Professional Softball Club, Inc. may require a Player to submit to a test or tests that may include without limitation, urine, blood, saliva, hair, and/or breath tests, following an incident in which careless acts were observed during an Event or performance.
Tests for violation of this Policy for alcohol shall be on the basis of reasonable suspicion only.
With respect to all substances prohibited by this Policy except for alcohol, which will be tested only if reasonable suspicion exists to do so, Players will be subject to unannounced testing at any time as determined by The Professional Softball Club, Inc. A test or tests may include, without limitation, urine, blood, saliva and/or hair, as part of this random selection program.
A Player who tests positive for a prohibited substance under the Policy and is penalized shall be subject to mandatory unannounced follow-up testing. Mandatory unannounced follow-up testing need not be based on reasonable suspicion or random testing circumstances. Follow-up testing is in addition to any other testing being conducted pursuant to the terms of this Policy.
Refusal To Test
A refusal to submit to a drug/substance test by the Player shall be treated as a positive test and the Player shall be subject to the penalties of the Policy. Once a Player is selected to be tested and notified of such testing, the Player will have no more than two (2) hours from time of notification to provide a urine sample. Any delay beyond two (2) hours may be determined to be a refusal to test. During the two (2) hour period after the time of notification for testing, the Player must remain in the assigned testing area or be accompanied, at all times, by a person designated by The Professional Softball Club, Inc.
All specimens collected under this Policy are the property of The Professional Softball Club, Inc.
DEFINITION OF A POSITIVE TEST
A positive test confirms the presence of a prohibited substance or a prohibited drug.
For testosterone, the following standards shall apply:
- (T/E) ratio above ten (10) shall be conclusively regarded as a positive test.
- (T/E) ratio greater than four (4) but less than ten (10) shall require follow-up testing.
- (T/E) ratio of four (4) or less shall be regarded as a negative test.
PROCEDURE FOR A POSITIVE TEST
It shall be the responsibility of the Player to provide, if not already provided, within seventy two (72) hours of notification of a positive test, suitable proof that the substance in question has been taken pursuant to a valid prescription. The Professional Softball Club, Inc., as part of this Policy, shall have the consent of the Player to contact the prescribing physician to confirm that the prescription provided is valid and has been given for a legitimate medical purpose. The failure to provide suitable proof in a timely manner shall be treated as positive test. The Professional Softball Club, Inc.’s Board of Directors will determine any appropriate fine or suspension in accordance with the provisions of the Policy. The Professional Softball Club, Inc. shall send written confirmation of the final results and the specific penalty imposed to the Player; email correspondence shall be deemed satisfactory.
VIOLATION OF LAW
Any Player who is arrested, convicted or who admits to a violation of law relating to use, possession, purchase, sale or distribution of drugs will be subject to immediate suspension. An arrest, conviction, or admission to a violation of law may also be treated as a positive test for drugs prohibited by this Policy and therefore, subject to the penalties set forth in this Policy.
POSITIVE TESTS OTHER THAN MARIJUANA AND ALCOHOL
In the event of an initial positive test for substances prohibited by this Policy other than marijuana and alcohol, the Player shall be suspended for thirty (30) days, fined an amount equal to thirty (30) days as defined in the American Softball Association’s Constitution, and The Professional Softball Club, Inc. will publicly disclose the Player’s name and duration of the suspension and indicating a first violation the Policy.
In the event of a second positive test for substances prohibited by this Policy other than marijuana and alcohol, the Player shall be suspended for sixty (60) days, fined an amount equal to sixty (60) days as defined in the American Softball Association’s Constitution, and The Professional Softball Club, Inc. will publicly disclose the Player’s name and duration of the suspension and indicating a second violation the Policy.
In the event of a third positive test for substances prohibited by this Policy other than marijuana and alcohol, the Player will be banned from performing in any Events and The Professional Softball Club, Inc. will publicly disclose the Player’s name and that the Player was banned from future Events for a third violation of the Policy.
POSITIVE MARIJUANA TESTS
In the event of any positive test for marijuana, the Player shall be fined twenty five percent (25%) of current pay period and be subject to a fine of ten percent (10%) of her end-of-season bonus, if any.
POSITIVE ALCOHOL TESTS
In the event of any positive test for alcohol, the Player shall be fined twenty five percent (25%) of current pay period and be subject to a fine of ten percent (10%) of her end-of-season bonus, if any.
A Player who has a violation under this Policy may, subject to approval of The Professional Softball Club, Inc.’s Board of Directors, enter the Redemption Program. The Redemption Program is an eighteen (18) month process that requires the Player to enter into an ASBA support program that will assist the Player in managing her substance abuse issues. Compliance, at the Player’s expense, for the duration of the eighteen (18) month program, which includes mandatory unannounced follow-up testing, shall delete one of the violations of record for the Player.
Pain medications, and other substances prohibited by this Policy, may be abused at times and can become addictive. A Player who believes she may have a problem with substance abuse is encouraged to self-report and request assistance. No penalties are imposed on a Player for voluntarily acknowledging a problem prior to a request for a drug test being performed herein and The Professional Softball Club, Inc. will assist in securing rehabilitation services in such situations.
APPLICABILITY OF THIS POLICY
This Policy, as it may be amended from time to time, is applicable to and binding upon all Registered Professional Players governed by sanctioning bodies of The Professional Softball Club, Inc.
POLICY SUBJECT TO CHANGE;
NO CLAIM OR CAUSE OF ACTION.
This Policy (or any portion hereof or any policies contained herein) is subject to change. The list of prohibited drugs/substances set forth under the Policy will be reviewed at least once per calendar year. The Professional Softball Club, Inc., shall have the sole discretion to revise the prohibited drug/substance list. Any changes, modifications or alterations to the Policy will be binding upon all Players at the time of publication. Players shall have no claim or cause of action of any kind against The Professional Softball Club, Inc., its affiliated and related entities, subsidiaries or licensees or any of its/their directors, officers, employees or agents with respect to administration of the Policy, including by way of example and not limitation, the publication of a violation under this Policy.