UNIVERSITIES TO FIGHT RANDOM DRUG TESTING BAN

Three of Indiana's largest universities are concerned that a ban on random
drug testing in public schools could harm their athletic programs - and
their eligibility for the National Collegiate Athletic Association.

At least 69 school districts throughout the state -- including all schools
in Howard County -- have halted random drug testing programs after an
appellate court overturned the random drug testing policy of the
Northwestern School Corp., saying it violated the state's constitution. The
court's unanimous ruling in August reversed a Howard County trial court
decision that upheld the county school's drug testing policy.

The case has caught the attention of trustees for Ball State, Indiana and
Purdue universities. They fear a statewide ban on random drug testing would
threaten their own testing policies and the overall strength of college
athletics.

The three-judge appeals court panel said students cannot be forced to take
drug tests in exchange for playing sports, participating in a play or
driving to school. Specifically, they cannot be tested randomly, only if
school officials have reasonable suspicion of drug use.

The case is now being appealed to the Indiana Supreme Court, which has not
decided whether it will issue a ruling.

After the appellate ruling, the Indiana School Boards Association advised
school districts with random drug testing programs to stop.

Although the appellate court ruling involved a high school, public
universities believe they have a large stake in the decision -- and the
outcome of any appeal.

"This is an important case that could have ramifications for all the
universities in the state," said Purdue University Athletics Director
Morgan Burke. "We would like to have a deterrent. You want your world-class
athletes to not have anything to do with drugs."

Indiana and Purdue randomly test their student athletes for drugs, while
Ball State focuses on testing only athletes who are suspected of using drugs.

All three are members of the NCAA, which requires schools to randomly test
athletes year-round in football and track. The NCAA also requires random
drug testing at championship events.

Eliminating random tests would worsen the drug problem at universities,
lawyers for Ball State, IU and Purdue have argued in a document filed with
the Indiana Supreme Court.

"There is no reason that athletes who are so widely admired should not be
held to a high standard of conduct - to remain drug-free - and to be tested
to assure that they do so," the brief states.

Ken Falk, the Indiana Civil Liberties Union attorney who has argued that
random drug testing is illegal, contends the ruling will not impact
colleges because it does not address the testing of adult students who
participate in NCAA-sponsored activities.

Denny Miller, director of sports medicine at Purdue University, says he
sees the benefits of random drug testing for the 475 athletes on the West
Lafayette campus.

"We have young men and women away from home for the first time. If a
concern about random drug testing is there, then they can use it as a
crutch," Miller said. "It's not a constitutional right to be an athlete,
and sometimes people forget that."