Pro Wrestling Insider wrote:HOW RVD & SABU'S ARREST RELATES TO THE WWE DRUG POLICYPro Wrestling Insider
by Buck Woodward @ 2:08:00 PM on 7/3/2006
With the news that WWE & ECW Champion Rob Van Dam and Sabu were arrested yesterday evening and found to be in possession ofr controlled substances, there has been a lot of questions regarding how this relates to WWE's Substance Abuse And Drug Testing Policy, which was introduced on February 27th of this year.
WWE's general policy states that:
"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 WWE Talent 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."
Obviously, marijuana would fall into the "illegal drugs" category and is a violation of the policy. WWE does not include marijuana in their "random testing" unless there is "reasonable cause" to do so. However, it is included on their list of prohibited drugs under the following listing:
. 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."
As for Vicodin, which Van Dam allegedly had in his possession, that would fall under the category of "prescription drugs" and WWE's policy has a section regarding the non-medical use of such drugs, stating:
"For purposes of this Policy, the phrase “non-medical use” shall mean use of a drug by a WWE Talent for other than a legitimate medical purpose pursuant to a valid prescription from a licensed and treating physician. Prescriptions obtained over the internet and/or from suppliers of prescription drugs from the internet shall not be considered to have been given for a legitimate medical purpose."
So, if Van Dam does not have a legitimate prescription from a physician for the Vicodin, he would be violating the policy.
While most of WWE's policy outlines the steps involved in testing for drugs, and the consequences of a positive test, item 13 of their policy is very clear on the punishment for violating the law:
"13. DISCIPLINE FOR VIOLATION OF LAW
Any Talent who is arrested, convicted or who admits to a violation of law relating to use, possession, purchase, sale or distribution of prohibited drugs will be in material breach of contract and subject to immediate dismissal."
It will be very interesting to see how WWE publicly handles this incident in light of the above information.
World Wrestling Entertainment posted their Substance Abuse and Drug Testing Policy on their official website on February 27, 2006. The Policy reads as follows:
2006 SUBSTANCE ABUSE AND DRUG TESTING POLICY
February 27, 2006
1. GENERAL POLICY
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 WWE Talent 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.
2. NON-MEDICAL USE
For purposes of this Policy, the phrase “non-medical use” shall mean use of a drug by a WWE Talent for other than a legitimate medical purpose pursuant to a valid prescription from a licensed and treating physician. Prescriptions obtained over the internet and/or from suppliers of prescription drugs from the internet shall not be considered to have been given for a legitimate medical purpose.
3. LIST OF PROHIBITED DRUGS
A. Performance Enhancing Drugs
(1) Anabolic Androgenic Steroids (AAS): The non-medical use of anabolic androgenic steroids, which include and are based on the natural steroid Testosterone, is prohibited.
The list of prohibited AAS includes, but is not limited to, those on the list below as well as related compounds.
▪ chloroxomesterone (dehydrochlormethyltestosterone)
▪ methandienone (methandrostenolone)
(2) Peptide Hormones and Analogues: The non-medical use of Human Growth Hormone (hGH), Human Chorionic Gonadotropin ((hCG), Luetenizing Hormone (LH) and Insulin-like Growth Factor (IGF-1) is prohibited.
(3) Clenbuterol, used as an anti-catabolic drug or beta-2 agonist or for any other purpose, is prohibited.
B. Other Prohibited Drugs
(1) Stimulants. The non-medical use of amphetamine, methamphetamine, Ecstacy (MDMA), Eve (MDEA), MDA, PMA, Phentermine, Ephedrine class and other amphetamine derivatives and related compounds is prohibited.
(2) Narcotic Analgesics. The non-medical use of drugs belonging to this class, including, but not limited to, heroin, morphine and/or its chemical and pharmacological analogs and related compounds, is prohibited. Additionally, codeine and codeine based combinations, including those available over the counter in some countries, are considered prohibited drugs if used for a non-medical purpose.
(3) Benzodiazepines. The non-medical use of drugs belonging to this class, including, but not limited to, Alpha-hydroxy-alprazolam (Xanax), Lorazepam (Ativan), Nordiazepam (Valium), Oxazepam (Serax), Temazepam (Restoril) and/or chemical and pharmacological analogs and related components is prohibited.
(4) Barbiturates. The non-medical use of drugs belonging to this class, including, but not limited to, Amobarbital (Amytal), Butabarbital (Butisol), Butalbital (Anolor 300, Esgic, Fioricet, Fiorinal), Phenobarbital (Luminol, Solfoton), Pentobarbital (Nembutal, Nembutal Sodium), Secobarbital (Seconal) and/or chemical and pharmacological analogs and related components is prohibited.
(5) Diuretics. The non-medical use of diuretics, including, but not limited to, those on the list below as well as related compounds, is prohibited.
▪ ethacrynic acid
(6) Prescription drugs. WWE recognizes that there are many prescription and over-the-counter medications that serve essential or beneficial purposes for the health and well being of WWE Talent, and nothing in this Policy is intended to discourage the proper use of these medications. Conversely, there are some medications that, even when used properly, may affect safety or health and also medications which can be abused and affect safety and health. Accordingly, the following uses are prohibited regarding prescription and over-the-counter medications.
(a) The use of such a medication in a manner which is inconsistent with the instructions provided by the prescribing physician.
(b) The use of such a medication so as to cause an increased risk to health, safety or an impairment of ability to perform duties on the day of a WWE Event.
(c) The use of prescription drugs taken without a proper prescription given for a legitimate medical purpose by the personal physician of the person tested.
(d) The use of prescription drugs obtained from a physician who was not advised that another physician was prescribing the same and/or similar drug(s).
(7) Illegal drugs. 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.
4. MASKING AGENTS AND TECHNIQUES USED TO AVOID DETECTION
The use of any agent or technique which is designed to avoid detection of a prohibited drug 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 (such as probenecid and related compounds), 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 substances prohibited by this Policy for disciplinary purposes.
5. ALCOHOL ABUSE
The use and/or abuse of alcohol in such a fashion so as to impair the ability to perform is prohibited by this Policy. Talent are expected to be free of the influence of alcohol when performing for WWE. Accordingly, the use of alcohol at any time twelve hours prior to any scheduled performance is prohibited by this Policy.
(1) Testing for alcohol use or abuse in violation of this Policy shall be for reasonable cause only as defined in Section 7A.
(2) The initial positive test for use and/or abuse of alcohol in violation of this Policy will be treated as a medical issue requiring evaluation for alcohol rehabilitation treatment. All subsequent positive tests for alcohol-related violations of this Policy shall be treated as disciplinary matters in accordance with this Policy.
6. ADMINISTRATION OF THE POLICY
The administration of this Policy is directed by the Program Administrator (PA) for the WWE. The PA shall be David L. Black, Ph.D., D-ABFT, D-ABCC of Aegis Sciences Corporation (“Aegis”), Nashville, Tennessee. The PA shall be responsible for scheduling Talent for testing, administering collection of samples, coordinating secure shipment of samples to the testing facility, interviewing Talent and determining whether any WWE Talent has tested positive for the existence of a prohibited drug and, if so, directing that the appropriate penalty as set forth herein is imposed.
7. TESTING FOR USE OF PROHIBITED SUBSTANCE
A. Reasonable Cause Testing
(1) Reasonable Suspicion. WWE may require Talent to submit to a test or tests, including, without limitation, urine, blood, saliva, hair, and/or breath tests, if there exists reasonable suspicion that the Talent 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 WWE to have such a reasonable suspicion are as follows:
(a) When a Talent is found or observed in possession of illegal drugs or illegal drug paraphernalia at any time.
(b) Observation of signs, symptoms and/or behaviors known to accompany the use of prohibited substances including, but not limited to:
1. physical signs of red or droopy eyes, dilated or constricted pupils;
2. slurred speech, stumbling, or hyperactivity;
3. needle marks;
4. repeated unexplained disappearances from an Event;
5. unexplained lateness in arriving for an Event;
6. nose constantly runs, appears red, or persistent sniffling;
7. time distortion, including repeated tardiness and missed appointments;
8. chronic forgetfulness or broken promises;
9. accidents during Events;
10. inability to concentrate, remember, or maintain attention;
11. mental confusion, paranoia, or presence of abnormal thoughts or ideas;
12. violent tendencies, loss of temper, or irritability;
13. extreme personality change or mood swings;
14. deteriorating personal hygiene or appearance.
(c) A drug related conviction.
(d) Receipt of a report from a reliable source that a Talent is using, possessing or selling illegal drugs.
(e) An examination or test, as provided by the Policy, which shows evidence of use of a prohibited substance or adulteration or manipulation of the specimen.
In addition, WWE may require a Talent to submit to a test or tests, including without limitation, urine, blood, saliva, hair, and/or breath tests, following an incident in which careless acts were observed during a WWE Event.
(2) Tests for violation of this Policy for alcohol and marijuana shall be on the basis of reasonable cause only.
B. Random Testing
With respect to all substances and drugs prohibited by this Policy except alcohol and marijuana, which will be tested only if reasonable cause exists to do so, WWE Talent will be subject to unannounced testing at any time, as determined by the PA. WWE may require Talent to submit to a test or tests, including, without limitation, urine, blood, saliva and/or hair in a random selection program. The random selection program conducted throughout the year will result in all Talent being tested on average four times and at least twice but may result in more frequent testing due to the random selection process. WWE Talent placed into the follow-up random testing program will be tested more frequently than four times per year.
C. Refusal To Test
A refusal to submit to a drug test by Talent shall be treated as a positive test for disciplinary and all other purposes pursuant to this Policy.
8. COLLECTION AND TRANSPORT OF SPECIMEN(S)
The Program Administrator will be in charge of collection of specimen(s) and they will carry out the following procedures:
(a) Ensure that the specimen(s) is/are from the Talent in question (including observation of the collection of the specimen(s)).
(b) Ensure that the specimen(s) is/are collected within the time period designated. Normally, collection shall be made within one hour or less of the notification of the Talent that testing will be conducted, unless a different time is designated based on the circumstances.
(c) Ensure that the specimen(s) has/have not been manipulated by promptly measuring the temperature of the specimen(s). Where results indicate that the sample is inappropriate for testing, the PA may require the Talent to provide additional specimen(s) as necessary.
(d) Label, secure, and transport the specimen(s) to the designated testing facility in such a manner as to ensure that the specimen(s) is/are not misplaced, tampered with, or relabeled.
9. FACILITY FOR TESTING
All testing will be done at a facility or facilities selected by WWE from among those facilities that have been certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the United States Department of Health and Human Services, College of American Pathologists Forensic Urine Drug Testing Program (CAP-FUDT) and/or American Society of Crime Laboratory Directors (ASCLD).
10. TECHNOLOGICAL ASPECTS OF TESTING
The WWE designated testing facility will determine whether and in what amount a particular specimen tests positive with respect to a prohibited substance and whether the specimen has been adulterated or manipulated. The testing facility will transmit the results to the WWE PA. The PA shall promptly notify the Talent and the designated WWE representative whether or not the specimen(s) yielded a positive result for a prohibited drug and/or were adulterated or manipulated.
11. DEFINITION OF A POSITIVE TEST
(a) A positive test is one which confirms the presence of a prohibited drug or a metabolite of a prohibited drug.
(b) The initial test of Talent under this Policy shall be considered baseline testing and shall not, if positive, subject Talent to disciplinary action. Any subsequent positive test for non-medical use after the initial baseline test shall be treated as a positive test for disciplinary reasons if, in the opinion of the PA based on the evidence of testing and its interpretation of that evidence, the Talent has continued to use any such drugs.
(c) For testosterone, the following standards shall apply:
1. A Testosterone/Epitestosterone (T/E) ratio above ten (10) shall be conclusively regarded as a positive test result.
2. A Testosterone/Epitestosterone (T/E) ratio greater than four (4) but less than ten (10) shall require follow-up testing and/or medical evaluation to determine if the test shall be interpreted as positive for the active use of Testosterone or evidence of other steroids influencing the T/E ratio.
3. A Testosterone/Epitestosterone (T/E) ratio of four (4) or less shall be regarded as a negative test result.
12. PROCEDURE FOR A POSITIVE TEST
(1) The PA shall notify the Talent and the designated WWE representative of any positive test detected on the initial baseline test as defined in Section 11(b) of this Policy.
(2) After the initial baseline test, any and all subsequent positive tests for the non-medical use of drugs shall be subject to the penalties set forth herein.
(3) In the event that a Talent tests positive for a prescription drug, it shall be the responsibility of Talent to provide to the PA, within five (5) days of notification of a positive test, suitable proof that the drug in question has been taken pursuant to a valid prescription for a legitimate medical purpose given by a licensed and treating physician, and to provide copies of the prescription and the name, address and telephone number of the prescribing physician. The PA, as part of this Policy, shall have the consent of Talent to contact the prescribing physician to confirm that the prescription provided by Talent is valid and for a legitimate medical purpose. The failure to provide suitable proof shall be treated as a positive test. For purposes of this Policy, prescriptions obtained over the internet and/or from suppliers of prescription drugs from the internet shall NOT be considered valid and/or to have been given for a legitimate medical purpose. The Talent may be required to participate in follow-up testing to verify compliance with prescription medication use.
(4) Upon being notified by the PA that a Talent has tested positive for a drug prohibited by this Policy, the Talent shall have five (5) days to request a second opinion test be conducted. The second opinion test shall be conducted at the WWE designated testing facility using bottle “B” from the original collection. If the second opinion test fails to confirm the original test, then the test will be recorded as “negative” and there will be no penalty.
13. DISCIPLINE FOR VIOLATION OF LAW
Any Talent who is arrested, convicted or who admits to a violation of law relating to use, possession, purchase, sale or distribution of prohibited drugs will be in material breach of contract and subject to immediate dismissal.
14. PENALTIES FOR POSITIVE DRUG TESTS
First Offense. In the event of an initial positive result for drugs prohibited by this Policy, as amended from time to time, the Talent shall be suspended without pay for 30 days.
Second Offense. In the event of a second positive result for drugs prohibited by this Policy, as amended from time to time, the Talent shall be suspended without pay for 60 days or, in cases where the Talent appears to be in need of a drug rehabilitation program, an indefinite suspension without pay until the individual has successfully completed the drug rehabilitation program.
Third Offense. In the event of a third positive result for drugs prohibited by this Policy, as amended from time to time, the Talent’s contract with WWE will be terminated.
15. APPLICABILITY OF THIS POLICY
This Policy, as it may be amended from time to time, is applicable to and binding upon all WWE Talent under contract to WWE who regularly perform in-ring services as a professional sports entertainer.