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