Chapter[ XI. Recommendations ]
Section[ D. 1. The Program Should Be Independent Independence is the most important principle of an effective drug testing program. ]
1. The Program Should Be Independent Independence is the most important principle of an effective drug testing program.
The parties previously have recognized the importance of this principle by delegating some of
the administrative authority for the program to an independent program administrator. However,
under the current program, both the independence of the program administrator and the level of
authority that has been delegated to him are limited.
There are a number of methods by which true independence may be achieved.
The precise form is for the parties to decide through collective bargaining. The independent
program administrator could serve for a substantial fixed term, not subject to removal except for
good cause. Alternatively, the parties could establish a self-perpetuating, non-profit corporation
that is completely independent of the parties. There may be other alternatives. Whatever form
they choose, the independent program administrator should hold exclusive authority over all
aspects of the formulation and administration of the program.
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It is likely, and understandable, that the Players Association will not agree to
relinquish authority over the length of penalties to an independent program administrator.
Delegation of that aspect of the program might not be necessary, however, given that the
penalties now in effect under the joint program are the strongest of any major professional sports
league in the United States.580