Substance Abuse and Drug Testing Policy
2006 SUBSTANCE ABUSE AND DRUG TESTING POLICY ("Policy")
Originally Implemented on February 27, 2006
Amended and Restated as of August 23, 2009, as of September 13, 2010, as of June 6, 2011 and as of January 15, 2012
- GENERAL POLICY
- NON-MEDICAL USE
- ADMINISTRATION OF THE POLICY; PROGRAM ADMINISTRATOR;MEDICAL DIRECTOR
- LIST OF PROHIBITED DRUGS
- MASKING AGENTS AND TECHNIQUES USED TO AVOID DETECTION
- USE OF ALCOHOL
- PROVISION OF PRESCRIPTIONS FOR PROHIBITED DRUGS TO THE MEDICAL DIRECTOR
- TESTING FOR USE OF PROHIBITED SUBSTANCES
- COLLECTION AND TRANSPORT OF SPECIMEN(S)
- FACILITY FOR TESTING
- TECHNOLOGICAL ASPECTS OF TESTING
- DEFINITION OF A POSITIVE TEST
- PROCEDURE FOR A POSITIVE TEST
- DISCIPLINE FOR VIOLATION OF LAW
- APPLICABILITY OF THIS POLICY
EXHIBIT A - FAX COVER SHEET
EXHIBIT B - AEGIS COLLECTION PROCEDURES AND PROTOCOL
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 given pursuant to a valid prescription from a licensed and treating physician. By way of example and not limitation, the phrase "non-medical use" shall, for the purposes of this Policy, include: (A) prescriptions obtained over the internet and/or from suppliers of prescription drugs from the internet; and/or (B) prescriptions for drugs prohibited by this Policy that are more than 60 days old or prescribed more than 60 days prior to the time a WWE Talent is tested under this Policy; and/or (C) prescriptions for the use of the muscle relaxers known under the generic names carisoprodol (Trade name Soma® and others) and/or meprobamate (Trade name Miltown® and others) regardless of the prescription date and/or (D) prescriptions for the use of synthetic drugs, such as synthetic cannabinoids or synthetic cathinones, regardless of a prescription date.
3. ADMINISTRATION OF THE POLICY; PROGRAM ADMINISTRATOR; MEDICAL DIRECTOR
The administration of this Policy is directed by the program administrator for the WWE ("PA"). The PA shall be David L. Black, Ph.D., D-ABFT, FAIC of Aegis Sciences Corporation ("Aegis"), Nashville, Tennessee. The PA shall be responsible for scheduling WWE Talent for testing, administering collection of samples/specimens, coordinating secure shipment of samples/specimens to the testing facility, and determining whether any WWE Talent has tested positive for the existence of a prohibited drug and, if so, notifying the WWE Talent of the appropriate penalty being imposed under the Policy. In making such determination, Dr. Black will consider all information derived from the testing, as well as all information derived from the independent investigation of the Medical Director. The final determination of a positive test is made by the PA and is final and binding.
The medical director for the Policy shall be Joseph C. Maroon, MD. Dr. Maroon is a board certified clinical professor of neurological surgery at the University of Pittsburgh Medical Center and a Heindl Scholar in Neuroscience ("Medical Director"). The Medical Director shall be responsible for performing, upon request from the PA, an independent investigation of a positive test relative to a WWE Talent. The independent investigation conducted by the Medical Director may include the interpretation of information received from WWE Talent concerning whether a particular prescription was given for a legitimate medical purpose by a licensed and treating physician and whether such prescription may, in the opinion of the Medical Director, have caused the positive test at issue.
4. LIST OF PROHIBITED DRUGS
A. Performance Enhancing Drugs
- Anabolic Androgenic Steroids: The non-medical use of anabolic androgenic steroids ("AAS"), 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)
- 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.
- Clenbuterol, used as an anti-catabolic drug or beta-2 agonist or for any other purpose, is prohibited.
The non-medical use of amphetamine, methamphetamine, Ecstasy (MDMA), Eve (MDEA), MDA, PMA, Phentermine and other amphetamine derivatives and related compounds is prohibited.
The following uses of pseudoephedrine, even if purchased as an over the counter medication without a prescription, are prohibited under this Policy:
- The use of pseudoephedrine in a manner which is inconsistent with the instructions provided by the drug manufacturer (e.g., use in concentrations or amounts in excess of the recommended manufacturer's dosage.)
- The use of pseudoephedrine in a manner or an amount that may cause an increased risk to health, safety or an impairment of ability to perform his/her duties in relation to a WWE event or WWE scheduled performance.
D. 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 taken for a non-medical use.
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.
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.
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
H. Muscle Relaxers
The non-medical use of drugs belonging to this class, including, but not limited to, carisoprodol (Trade name Soma® and others) and meprobamate (Trade name Miltown®, Meprospan® and others) is prohibited. The "non-medical use" of drugs belonging to this class is prohibited. Regardless of whether there is a prescription, the use of muscle relaxers known under the generic name carisoprodol (Trade Name Soma ® and others) and/or meprobamate (Trade name Miltown® and others) will be considered a non-medical use for purposes of this policy and is prohibited.
I. Sleep Aids
The non-medical use of drugs belonging to this class, including, but not limited to, zolpidem (Trade name Ambien®), is prohibited.
The non-medical use of drugs belonging to this class, including, but not limited to, anastrozole, letrozole, aminooglutethimide exemestane, formestane, testolactone, raloxifene, tamoxifen, toremifene, clomiphene, cyclofenil and fulvestrant, are prohibited.
K. Prescription Medications
WWE recognizes that many of the drugs prohibited by this Policy are prescription 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 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 his/her duties on the day of a WWE event or WWE scheduled performance.
- 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.
L. 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.
M. 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. WWE Talent 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.
N. Synthetic Drugs
The following uses of synthetic drugs, even if purchased as an over the counter medication without a prescription, are prohibited under this Policy:
- Synthetic Cannabinoids - most commonly referred to as "Spice", or "K2", are chemically engineered substances, similar to THC - the active ingredient in marijuana - that, when smoked or ingested, can produce pharmacological effects similar to marijuana.
- Synthetic Stimulants/Synthetic Cathinones - most commonly referred to as the "Bath Salts" drugs or the "Plant Food" drugs are chemically engineered substances, such as mephedrone, methylenedioxypyrovalerone (MDPV) and methylone that when smoked, ingested or injected, can produce pharmacological effects similar to illegal forms of amphetamines/stimulants such as cocaine, LSD, MDMA and/or methamphetamines.
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 is therefore prohibited and subject to the penalties set forth in Section 15 A of the Policy.
5. MASKING AGENTS AND TECHNIQUES USED 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 (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 drugs prohibited by this Policy and shall be subject to the penalties set forth in Section 15 of this Policy.
6. USE OF ALCOHOL
WWE Talent are expected to be free of the influence of alcohol when performing for WWE. Accordingly, WWE Talent are prohibited from using or consuming alcohol at any time within a twelve hour period prior to any WWE event or WWE scheduled performance. Testing for the use of alcohol shall be for reasonable suspicion only as defined in Section 8A of this Policy. A positive test for alcohol shall subject WWE Talent to the penalties set forth in Section 15 C of this Policy and may also require evaluation for alcohol rehabilitation treatment.
7. PROVISION OF PRESCRIPTIONS FOR PROHIBITED DRUGS TO THE MEDICAL DIRECTOR
WWE Talent are required to provide prescriptions for all drugs prohibited by this Policy to the Medical Director upon receipt of such a prescription from his/her treating physician.
The method to provide this information to the Medical Director is as follows:
- . Using a fax cover sheet, WWE Talent should print his/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. Though WWE Talent are free to use any format of cover sheet they wish, as long as they provide all of the requested information, a sample fax cover sheet is attached as Exhibit A to this Policy.
- Fax both the cover sheet and copy of the prescription to the Medical Director at XXX-XXX-XXX.
- The Talent's physician may receive a call from the Medical Director to discuss the prognosis and expected length of treatment and corresponding duration of the prescription.
8. TESTING FOR USE OF PROHIBITED SUBSTANCES
A. Reasonable Suspicion Testing
- Reasonable Suspicion. WWE may require WWE 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 a WWE 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:
- When a WWE Talent 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 a WWE event or WWE scheduled performance;
- Unexplained lateness in arriving for a WWE event or WWE scheduled performance;
- Nose constantly runs, appears red, or persistent sniffling;
- Time distortion, including repeated tardiness and missed appointments;
- Chronic forgetfulness or broken promises;
- Accidents during a WWE event or WWE scheduled performance;
- 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; or
- Aromas on or about the breath, body or clothes.
- A drug related conviction.
- Receipt of a report from a reliable source that a WWE Talent 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.
B. Random Testing
With respect to all substances prohibited by this Policy except for alcohol, which will be tested only if reasonable suspicion exists to do so, WWE Talent will be subject to unannounced testing at any time as determined by the PA. WWE may require WWE Talent to submit to a test or tests that include, without limitation, urine, blood, saliva and/or hair, as part of this random selection program. The random selection program conducted throughout the year is designed to result in all WWE Talent being tested at a minimum four (4) times annually, but may result in more frequent testing due to the random selection process.
C. Follow-up Testing
- A WWE Talent, who tests positive for a prohibited substance under the Policy and is penalized in accordance with Section 15A of this Policy, shall be subject to mandatory unannounced follow-up testing as prescribed by and administered by the PA for a 12 month period following the positive test that resulted in this follow-up testing. WWE may require WWE Talent to submit to a test or tests that include, without limitation, urine, blood, saliva and/or hair, as part of this follow-up testing program. 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.
- The PA also reserves the right to require unannounced discretionary follow-up testing of WWE Talent who have previously tested positive, on consecutive testing occasions, for drugs prohibited by this Policy, even if the WWE Talent provides a valid prescription indicating the need to continue the use of such prohibited drugs from his/her licensed and treating physician. WWE may require WWE Talent to submit to a test or tests that include, without limitation, urine, blood, saliva and/or hair, as part of this follow-up testing program. In such instances, and in addition to the discretionary follow up testing noted herein, the Medical Director may require a WWE Talent to be evaluated by an orthopedic specialist designated by the Medical Director in order to obtain an opinion as to the continued medical need for such prohibited drugs. If the need for such prohibited drugs is justified by the orthopedic specialist, the Medical Director may require the WWE Talent to be further evaluated by a pain management specialist designated by the Medical Director in order to obtain an additional opinion as to the continued medical need for such prohibited drugs, and to suggest and provide alternative treatments for pain control.
D. Refusal To Test
A refusal to submit to a drug/substance test by WWE Talent shall be treated as a positive test and WWE Talent shall be subject to the penalties set forth in Section 15 of the Policy. Once a WWE Talent is selected to be tested and notified of such testing, WWE Talent 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 by the PA to be a refusal to test.
9. COLLECTION AND TRANSPORT OF SPECIMEN(S)
The PA will be in charge of collection of specimen(s) and they will carry out the following procedures:
- Ensure that the specimen(s) is/are from the WWE Talent in question (including observation of the collection of the specimen(s)).
- Ensure that the specimen(s) is/are collected within the time period designated. Normally, collection shall be made within two (2) hours or less of the notification of WWE Talent that testing will be conducted, unless a different time is designated based on the circumstances.
- 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 WWE Talent to provide additional specimen(s) as necessary.
- Label, secure, and transport the specimen(s) to Aegis in such a manner as to ensure that the specimen(s) is/are not misplaced, tampered with, or relabeled.
For more specific information on specimen collection and transport procedures, reference is made to a copy of the Aegis’ Collection Procedures and Protocol attached as Exhibit B to this Policy.
All specimens collected under this Policy are the property of WWE.
10. FACILITY FOR TESTING
All testing will be done at Aegis. Certification of Aegis by any government agency or other third party verifies the competency of Aegis as a testing facility, but does not limit this Policy in the selection of the drugs to be tested by Aegis or the sensitivity of the drug testing being applied by Aegis under this Policy.
11. TECHNOLOGICAL ASPECTS OF TESTING
Aegis 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. Aegis will transmit the results to the PA.
12. DEFINITION OF A POSITIVE TEST
- A positive test is one which confirms the presence of a prohibited substance, a prohibited drug or a metabolite of a prohibited substance or prohibited drug. In addition, a test that confirms the presence of drug metabolite concentrations in excess of the levels expected when a drug prohibited by this Policy is being used consistent with the therapeutic management of pain will be treated as a positive test.
- For testosterone, the following standards shall apply:
- A Testosterone/Epitestosterone (T/E) ratio above ten (10) shall be conclusively regarded as a positive test.
- 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.
- A Testosterone/Epitestosterone (T/E) ratio of four (4) or less shall be regarded as a negative test.
13. PROCEDURE FOR A POSITIVE TEST
- If a specimen of a WWE Talent tests positive for a prohibited substance, the PA contacts the Medical Director and requests that an independent investigation be performed of the positive test. It shall be the responsibility of WWE Talent to provide, if not already provided, to the Medical Director, 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 for a legitimate medical purpose given by a licensed and treating physician, and to provide in accordance with the terms of this Policy, copies of the prescription and the name, address and telephone number of the prescribing physician along with a copy of the prescription providing the dosage and duration instructions for proper use. The Medical Director, as part of this Policy, shall have the consent of WWE Talent to contact the prescribing physician to confirm that the prescription provided by WWE Talent 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. After the investigation has been completed by the Medical Director, the Medical Director advises the PA as to the results of his investigation. Based on the information provided, the PA then makes a determination as to whether the test is: (1) positive; or (2) negative. Under either circumstance, the PA will communicate the results to the WWE Talent and, if the result is confirmed as a positive test, PA will advise that he/she is suspended (or as the case may be terminated) in accordance with the provisions of the Policy. The PA then advises WWE of the matter and WWE informs the PA of the applicable suspension dates or termination date. The PA sends written confirmation of the final results and the specific penalty imposed under Section 15 of the Policy to the WWE Talent with a copy to WWE.
- Upon being notified by the PA that a WWE Talent has tested positive for a drug prohibited by this Policy, the WWE Talent shall have seventy two (72) hours to request a second opinion test be conducted. The second opinion test shall be conducted at Aegis using bottle "B" from the original collection. WWE Talent may be present during the second opinion test if WWE Talent so chooses, but, at his/her own expense, the WWE Talent may also be represented at the second opinion test by a qualified toxicologist not affiliated with Aegis or a commercial laboratory and such toxicologist may observe the second opinion test being performed by Aegis. The second opinion test will also be performed at Aegis and the second opinion test will be performed in accordance with the same procedures used by Aegis in the original test. If the second opinion test fails to confirm the original test, then the test will be recorded as negative, there will be no penalty under the Policy and WWE will reimburse the WWE Talent the reasonable cost related to the retention and use of such toxicologist for the second opinion test.
14. DISCIPLINE FOR VIOLATION OF LAW
Any WWE Talent, who is arrested, convicted or who admits to a violation of law relating to use, possession, purchase, sale or distribution of drugs will be in material breach of his/her contract with WWE and subject to immediate dismissal.
In addition to the penalties that may be imposed pursuant to his/her contract with WWE, a violation of this Section 14 may also be treated as a positive test for drugs prohibited by this Policy and therefore, subject to the penalties set forth in Section 15 of this Policy.
A. FOR POSITIVE DRUG TESTS OTHER THAN MARIJUANA AND ALCOHOL
First Violation: In the event of an initial positive test for substances prohibited by this Policy other than marijuana and alcohol, the WWE Talent shall be suspended for thirty (30) days, fined an amount equal to thirty (30) days' pay deducted from the WWE Talent's downside guarantee on a weekly basis and WWE will publicly disclose the WWE Talent's name and duration of the suspension and indicating a first violation the Policy.
Second Violation: In the event of a second positive test for substances prohibited by this Policy other than marijuana and alcohol, the WWE Talent shall be suspended for sixty (60) days, fined an amount equal to sixty (60) days' pay deducted from the WWE Talent's downside guarantee on a weekly basis and WWE will publicly disclose the WWE Talent's name and duration of the suspension and indicating a second violation the Policy.
Third Violation: In the event of a third positive test for substances prohibited by this Policy other than marijuana and alcohol, the WWE Talent's contract with WWE will be terminated and WWE will publicly disclose the WWE Talent's name and that WWE Talent's contract was terminated for a third violation of the Policy.
Any WWE Talent, who has participated in a drug rehabilitation program as a result of the Policy, must undergo the mandatory unannounced follow-up testing set forth in Section 8 C (1) of the Policy for the remainder of his/her contractual relationship with WWE.
Any WWE Talent, who leaves the WWE for any reason with a first or second violation on his/her record, will maintain said violation count on his/her record from the time he/she departs WWE until the time he/she returns, if ever, to the WWE.
In addition, a WWE Talent, who is terminated by the WWE for a third violation of the Policy, will be prohibited from returning to the WWE for at least one (1) year. If a WWE Talent, who is terminated for a third violation of the Policy, is permitted by the WWE, in its sole discretion, to return to the WWE, then (1) such WWE Talent must test negative for all prohibited substances under this Policy during the pre-contract screening process; (2) such WWE Talent will return to the WWE with a first and second violation of this Policy against his/her record; and (3) such WWE Talent must undergo the mandatory unannounced follow-up testing set forth in Section 8 C (1) of the Policy for a period of at least one (1) year after execution of his/her new contract with WWE.
WWE Talent shall have no claim or cause of action of any kind against WWE, its affiliated and related entities, subsidiaries or licensees or any of its/their directors, officers, employees or agents with respect to a publication of a violation under this Policy.
B. FOR POSITIVE MARIJUANA DRUG TESTS
In the event of any positive test for marijuana, the WWE Talent shall be fined Two Thousand Five Hundred US Dollars ($2,500.00) per positive test, which shall be deducted from the WWE Talent's downside guarantee.
C. FOR POSITIVE ALCOHOL SUBSTANCE TESTS
In the event of a positive test for alcohol, the WWE Talent shall be fined Two Thousand Five Hundred US Dollars ($2,500.00) per positive test, which shall be deducted from the WWE Talent's downside guarantee.
Pain medications, and other substances prohibited by this Policy, are abused at times and can become addictive. A WWE Talent who believes he/she may have a substance abuse issue is encouraged to self-report and get help. No penalties are imposed on WWE Talent for voluntarily acknowledging a problem to the Medical Director prior to a drug test being performed herein and WWE will assist in securing rehabilitation services in such situations. Getting help, and healthy, is preferable to being caught on drug tests and being subject to progressive discipline, which can result in termination. The rehabilitation process can be engaged by a WWE Talent notifying the Medical Director that he/she has a problem and needs help.
17. 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 ("WWE Talent").