Legal Question in Constitutional Law in Pennsylvania

NCAA random drug testing

Is the NCAA random drug testing constitutional? It is an invasion of privacy and it seems that they are singling out student-athletes. How does the NCAA do it?


Asked on 4/30/02, 12:51 am

1 Answer from Attorneys

Re: NCAA random drug testing

The 5th Amendment prohibition against unreasonable searches only applies to searches by the government. The NCAA is a private organization, not a governmental body, thus the issue of "constitutionality" does not apply. Furthermore, the students voluntarily participate in the NCAA, already knowing that they will have to agree to drug testing in order to maintain their status. This is the same rational that allows a private employer to conduct random drug testing on its employees.

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Answered on 4/30/02, 8:37 am


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