Judge Blocks NCAA Drug Test of a Stanford Diver

In a court ruling with serious implications for the NCAA’s drug-testing program for student athletes, Stanford University diver Simone LeVant won a preliminary injunction today allowing her to compete without providing a urine sample for testing.

Santa Clara County Superior Court Judge Peter G. Stone agreed with LeVant that the National Collegiate Athletic Assn.’s mandatory urine tests are an obtrusive and unconstitutional invasion of privacy.

Stone said there is a “reasonable probability” the case would win in a trial court.

LeVant, a 22-year-old senior, will be able to compete in championship qualifying events in Arizona this weekend and, if successful, go to the NCAA finals in Indianapolis in two weeks.

The ruling applies only to LeVant, but has much broader implications for the thousands of athletes around the country under the NCAA’s virtual control of college sports.

“I feel wonderful,” LeVant said. “I am happy to hear everything the judge said. I feel I set a precedent. No other athlete has been willing to challenge the NCAA. We’ve won the first step.”

Stone said his ruling applies to LeVant in any NCAA competition and prohibits the NCAA from testing her and from taking steps against Stanford or its athletes because of her.

The preliminary injunction will remain in effect until her suit goes to trial. No date has been set for the trial.

Stone disputed virtually all of the arguments presented by the NCAA during the 2 1/2-hour hearing.

One of LeVant’s attorney’s, Robert A. Van Nest, said of Stone’s ruling: “It is broad. It is sweeping. It is a complete repudiation of the NCAA’s drug-testing program.”

Van Nest argued that LeVant has a constitutional right to privacy and that the NCAA has no compelling interest to violate that right.

“There is little or no evidence that there is a drug epidemic in college sports generally, let alone in diving,” Van Nest told Stone. “Students do not give up their privacy rights when they go into a locker room.”