Article 33 ANTI-DRUG PROGRAM

33.1 Definitions.

As used in this Article XXXIII, the following terms shall have the following meanings:

  1. “Authorization for Testing” shall mean a notice issued by the Independent Expert pursuant to the provisions of Section 5 in the form annexed hereto as Exhibit I-1 to this Agreement.
  2. “Come Forward Voluntarily” shall mean that a player has directly communicated to the NBA, the Players Association, or the Medical Director his desire to enter the Program and seek treatment for a problem involving the use of a Prohibited Substance.
  3. “Counselors” or “Anti-Drug Counselors” shall mean the persons selected by the Medical Director to provide counseling and other treatment to players in the Program.
  4. “Drugs of Abuse” shall mean any of the substances listed as drugs of abuse on Exhibit I-2 to this Agreement.
  5. “Drugs of Abuse Program” shall mean the education, treatment, and counseling program for Drugs of Abuse established by the Medical Director (after consultation with the NBA and the Players Association), which program may contain such elements—including, but not limited to, urine, blood, breath, or other testing for Prohibited Substances other than Steroids—as may be determined by the Medical Director in his or her professional judgment.
  6. “First-Year Player” shall mean a player under Contract to an NBA Team who, prior to the then-current Season, has not been on the roster of an NBA Team following the first game of a Regular Season.
  7. “In-Patient Facility” shall mean such treatment center or other facility as may be selected by the Medical Director and agreed upon by the NBA and the Players Association.
  8. “Independent Expert” or “Expert” shall mean the person selected by the NBA and the Players Association in accordance with Section 2(b) below.
  9. “Marijuana Program” shall mean the education, treatment, and counseling program for marijuana established by the Medical Director (after consultation with the NBA and the Players Association), which program may contain such elements—including, but not limited to, urine, blood, breath, or other testing for Prohibited Substances other than Steroids—as may be determined by the Medical Director in his or her professional judgment.
  10. “Medical Director” shall mean the person selected by the NBA and the Players Association in accordance with Section 2(a).
  11. “Prohibited Substance” shall mean any of the substances listed on Exhibit I-2 to this Agreement and any other substance added to such Exhibit under the provisions of Section 16 below.
  12. “Program” shall mean this Anti-Drug Program, and shall include the Drugs of Abuse Program, the Marijuana Program, and the Steroids Program.
  13. “Prohibited Substances Committee” shall mean the committee selected by the NBA and the Players Association in accordance with Section 2(d) below.
  14. “Steroids” shall mean the performance-enhancing substances listed on Exhibit I-2 to this Agreement.
  15. “Steroids Program” shall mean the education, treatment, and counseling program for Steroids established by the Medical Director (after consultation with the NBA and the Players Association), which program may contain such elements—including, but not limited to, urine, blood, breath or other testing for Steroids (but not for any other Prohibited Substance)—as may be determined by the Medical Director in his or her professional judgment.
  16. “Tender” shall mean an offer of a Uniform Player Contract, signed by the Team, that is either personally delivered to the player or his representative or sent by prepaid certified, registered, or overnight mail to the last known address of the player or his representative.
  17. “Veteran Player” shall mean any player who is not a First-Year Player.

33.2 Administration.

  1. The NBA and the Players Association shall jointly select a Medical Director who shall be a person experienced in the field of testing and treatment for substance abuse. The Medical Director shall have the responsibility, among other duties, for selecting and supervising the Counselors and other personnel necessary for the effective implementation of the Program, for evaluating and treating players subject to the Program, and for otherwise managing and overseeing the Program, subject to the control of the NBA and the Players Association. To the extent practicable, the Medical Director shall select qualified retired NBA players to serve as Counselors.
  2. The NBA and the Players Association shall jointly select an Independent Expert who shall be a person experienced in the field of substance abuse detection and enforcement and shall have the responsibility for issuing Authorizations for Testing in accordance with Section 5 below.
  3. The Medical Director and the Independent Expert shall each serve for the duration of this Agreement, unless either the NBA or the Players Association has, by September 1 of any year covered by this Agreement, served written notice of discharge upon the other party and, as appropriate, the Medical Director and/or the Independent Expert. Such notice of discharge shall be effective as of the immediately following September 30; provided, however, that if the parties do not reach agreement by such September 30 as to who shall serve thereafter as the Medical Director and/or the Independent Expert, as the case may be, each party shall, by the immediately following October 10, appoint a person who shall have no relationship to or affiliation with that party. Such persons shall then have until the immediately following November 1 to agree on the appointment of a new Medical Director and/or Independent Expert. Until a new Medical Director and/or Independent Expert has been appointed, the previous Medical Director and/or Independent Expert shall continue to serve.
  4. The NBA and the Players Association shall form a Prohibited Substances Committee, which shall be comprised of one representative from the NBA, one representative from the Players Association, and three individuals jointly selected by the NBA and the Players Association who shall be experts in the field of testing and treatment for drugs of abuse and performance-enhancing substances. The members of this Committee shall serve for the duration of the Agreement.
  5. Unless specifically stated otherwise in this Article XXXIII, all costs of the Program in excess of those covered by the NBA Players Group Health Plan, including the fees and expenses of the Medical Director, the Independent Expert, and the Prohibited Substances Committee, but not including fees and expenses incurred by the NBA in conducting testing pursuant to Sections 5, 6, or 7 below, shall be shared equally by the NBA and Players Association. The Players Association’s share shall be paid by the NBA and included in Player Benefits under Article IV, Section 1(k) of this Agreement.
  6. Any and all disputes arising under this Article XXXIII shall be resolved in accordance with Article XXXI, Sections 2-6 and 14 of this Agreement, provided, however, that in any challenge to a decision, recommendation, or other conduct of the Medical Director or Independent Expert, or in any challenge to an action or process over which the Medical Director has supervision, the Grievance Arbitrator shall apply an “arbitrary and capricious” standard of review; provided further that nothing in this Section 2(f) shall limit or otherwise affect paragraph 19 of the Uniform Player Contract.

33.3 Confidentiality.

  1. Other than as reasonably required in connection with the suspension or disqualification of a player, the NBA, the Teams, and the Players Association, and all of their members, affiliates, agents, consultants, and employees, are prohibited from publicly disclosing information about the diagnosis, treatment, prognosis, test results, compliance, or the fact of participation of a player in the Program (“Program Information”).
  2. The Medical Director and the Counselors, and all of their affiliates, agents, consultants, and employees, are prohibited from publicly disclosing Program Information; provided, however, that the Medical Director shall not be prohibited from disclosing such information to the NBA and the Players Association.
  3. The Independent Expert is prohibited from publicly disclosing any information supplied to him by the NBA or the Players Association pursuant to Section 5 below.
  4. Any Program Information that is publicly disclosed (i) under subsection (a) above, (ii) by the player, (iii) with the player’s authorization, or (iv) through release by sources other than the NBA, NBA Teams, the Players Association, the Medical Director, the Counselors, or the Independent Expert, or any of their members, affiliates, agents, consultants, and employees, will, after such disclosure, no longer be subject to the confidentiality provisions of this Section.
  5. Other than as reasonably required by the Reasonable Cause Testing procedure set forth in Section 5 below, neither the NBA nor the Players Association shall divulge to any other person or entity (including their respective members, affiliates, agents, consultants, employees, and the player and Team involved):
    1. that it has received information regarding the use, possession, or distribution of a Prohibited Substance by a player;
    2. that it is considering requesting, has requested, or has had, a conference with the Independent Expert concerning the suspected use, possession, or distribution of a Prohibited Substance by a player;
    3. any information disclosed to the Independent Expert; or
    4. the results of any conference with the Independent Expert.
  6. Notwithstanding anything to the contrary contained in subsections (a)-(e) above, the NBA and the Players Association shall promptly advise and make available to each other all information either of them may have in their possession, custody, or control that provides cause to believe that a player is engaged in the use, possession, or distribution of a Prohibited Substance.
  7. Nothing contained in this Section 3 shall prohibit a Team from providing to the NBA information concerning whether a player is engaged in the use, possession, or distribution of a Prohibited Substance.

33.4 Testing.

  1. Testing conducted pursuant to this Article XXXIII, whether by the NBA or the Medical Director, shall be conducted in compliance with the analytical techniques described in Exhibit I-3 to this Agreement. Such testing shall also comply with the collection procedures described in Exhibit I-4 to this Agreement and such additional procedures and protocols as may be established by the NBA (after consultation with the Players Association) or the Medical Director (after consultation with the NBA and the Players Association). The NBA (after consultation with the Players Association) and the Medical Director (after consultation with the NBA and the Players Association) are authorized to retain such consultants and support services as are necessary and appropriate to administer and conduct such testing.
  2. All tests conducted pursuant to this Article XXXIII shall be analyzed by laboratories selected by the Medical Director, approved by the NBA and the Players Association, and certified by the Substance Abuse and Mental Health Services Administration (in the case of testing for Prohibited Substances other than Steroids) or the International Olympic Committee and/or the College of American Pathologists (in the case of testing for Steroids).
  3. Any test conducted pursuant to this Article XXXIII will be considered “positive” for a Prohibited Substance under the following circumstances:
    1. If the test is for a Prohibited Substance other than Steroids and it is confirmed by laboratory analysis at the levels established at the time of the test by the National Institute for Drug Abuse (NIDA); provided, however, if there is no confirmatory level established by NIDA for one or more of such Prohibited Substances at the time of the test, then the level for such Prohibited Substance shall be: amphetamines and their analogs—500 ng/ml; cocaine metabolites—150 ng/ml; LSD—200 pg/ml; marijuana metabolites—15 ng/ml; MDMA—500 ng/ml; opiate metabolites—300 ng/ml; phencyclidine—25 ng/ml.
    2. If the test is for Steroids, and it is confirmed by laboratory analysis at levels to be established by the Prohibited Substances Committee.
    3. If the player fails or refuses to submit to a scheduled test, or refuses to cooperate fully with the testing process, without a reasonable explanation satisfactory to the Medical Director.
    4. If the player attempts to substitute, dilute, mask, or adulterate a specimen sample or in any other manner alter a test result.
  4. The NBA shall promptly notify the Players Association of any positive test conducted by the NBA, and shall thereafter notify the player. The Medical Director shall promptly notify the NBA and the Players Association of any positive test conducted by the Medical Director, and (i) if the positive test will result in a penalty to be imposed on the player, the NBA shall thereafter notify the player of such test result and such penalty, or (ii) if the positive test will not result in a penalty to be imposed on the player, the Medical Director shall thereafter notify the player of such test result.
  5. Any player who is notified of a positive test pursuant to Section 4(d) above may, within two (2) business days of such notification, inform the NBA and the Players Association that he requests testing of the split or “B” sample of his specimen. Any such test shall be subject to the provisions of this Section 4 and shall be performed within ten (10) business days of the player’s request. The test of the “B” sample will be performed at a laboratory other than the laboratory that performed the test on the original or “A” sample.

33.5 Reasonable Cause Testing or Hearing.

  1. In the event that either the NBA or the Players Association has information that gives it reasonable cause to believe that a player is engaged in the use, possession, or distribution of a Prohibited Substance, including information that a First-Year Player may have been engaged in such conduct during the period beginning three (3) months prior to his entry into the NBA, such party shall request a conference with the other party and the Independent Expert, which shall be held within twenty-four (24) hours or as soon thereafter as the Expert is available. Upon hearing the information presented, the Independent Expert shall immediately decide whether there is reasonable cause to believe that the player in question has been engaged in the use, possession, or distribution of a Prohibited Substance. If the Independent Expert decides that such reasonable cause exists, the Expert shall thereupon issue an Authorization for Testing with respect to such player.
  2. In evaluating the information presented to him, the Independent Expert shall use his independent judgment based upon his experience in substance abuse detection and enforcement. The parties acknowledge that the type of information to be presented to the Independent Expert is likely to consist of reports of conversations with third parties of the type generally considered by law enforcement authorities to be reliable sources, and that such sources might not otherwise come forward if their identities were to become known. Accordingly, neither the NBA nor the Players Association shall be required to divulge to each other or to the Independent Expert the names (or other identifying characteristics) of their sources of information regarding the use, possession, or distribution of a Prohibited Substance, and the absence of such identification of sources, standing alone, shall not constitute a basis for the Expert to refuse to issue an Authorization for Testing with respect to a player. In conferences with the Independent Expert, the player involved shall not be identified by name until such time as the Expert has determined to issue an Authorization for Testing with respect to such player.
  3. Immediately upon the Independent Expert’s issuance of an Authorization for Testing with respect to a particular player, the NBA shall arrange for such player to undergo testing for Drugs of Abuse (if the Authorization for Testing was based on information regarding the use, possession, or distribution of a Drug of Abuse), for marijuana (if the authorization for Testing was based on information regarding the player’s use, possession, or distribution of marijuana), or for Steroids (if the Authorization for Testing was based on information regarding the player’s use, possession, or distribution of Steroids) no more than four (4) times during the six-week period commencing with the issuance of the Authorization for Testing. Such testing may be administered at any time, in the discretion of the NBA, without prior notice to the player.
  4. In the event that the player tests positive for a Drug of Abuse pursuant to this Section 5, he shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a). If the player tests positive for marijuana or Steroids pursuant to this Section 5, he shall enter the Program and suffer the applicable consequences set forth in Sections 9 or 10 below, as the case may be.
  5. In the event that either the NBA or the Players Association determines that there is sufficient evidence to demonstrate that, within the previous year, a player has engaged in the use, possession, or distribution of a Prohibited Substance, or has received treatment for use of a Prohibited Substance other than in accordance with the terms of this Article XXXIII, it may, in lieu of requesting the testing procedure set forth in subsections (a)-(d) above, request a hearing on the matter before the Grievance Arbitrator. If the Grievance Arbitrator concludes that, within the previous year, the player has used, possessed, or distributed a Prohibited Substance, or has received treatment other than in accordance with the terms of this Article XXXIII, the player shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a) below, notwithstanding the fact that the player has not undergone the testing procedure set forth in this Section 5; provided, however, that if the Grievance Arbitrator concludes that the player has used or possessed only marijuana or Steroids, he shall enter the Program and only suffer the applicable consequences set forth in Sections 9 or 10 below, as the case may be.

33.6 Testing of First-Year Players.

  1. In addition to the testing procedures set forth in Section 5 above, a First-Year Player may be required to undergo testing for Prohibited Substances at any time, in the sole discretion of the NBA and without prior notice to the player, during the following periods and subject to the following restrictions:
    1. No more than one (1) time during regular training camp, or, in the case of a First-Year Player who joins a Team with fewer than fifteen (15) days remaining in regular training camp or who joins a Team during the Regular Season, no more than one (1) time during the first fifteen (15) days after such player reports to his Team; and
    2. No more than three (3) times during the then-current Regular Season, or, in the case of a First-Year Player who signs a Player Contract after March 1 of an NBA Season, no more than three (3) times during such Season and/or the Season immediately following such Season.
  2. Any First-Year Player who tests positive for a Drug of Abuse pursuant to this Section 6 shall immediately be dismissed and disqualified from any association with the NBA or its Teams for a period of one (1) year, his Player Contract shall be rendered null and void and of no further force or effect (subject to the provisions of Paragraph 8 of the Uniform Player Contract), and he shall enter Stage 1 of the Drugs of Abuse Program. Such dismissal and disqualification shall be mandatory and may not be rescinded or reduced by the Player’s Team or the NBA. If the player tests positive for marijuana or Steroids pursuant to this Section 6, he shall suffer the applicable consequences set forth in Sections 9 or 10 below, as the case may be.
  3. During the period while such First-Year Player is dismissed and disqualified from the NBA and in compliance with his in-patient or aftercare obligations under the Program (as determined by the Medical Director), he shall receive from his Team a reasonable and necessary living expense stipend to be agreed upon by the NBA and the Players Association which (i) shall not exceed twenty-five percent (25%) of the Salary that the player would otherwise have been entitled to earn for the period of his dismissal and disqualification and (ii) shall not be payable for more than one (1) year from the date of such dismissal and disqualification.
  4. After a period of no less than one (1) year from the date of a First-Year Player’s dismissal and disqualification pursuant to Section 6(b), such player may apply for reinstatement as a player in the NBA. However, such player shall have no right to reinstatement under any circumstance and the reinstatement shall be granted only with the prior approval of both the NBA and the Players Association. The NBA and the Players Association will consider applications for reinstatement only if the player has, in the opinion of the Medical Director, successfully completed any in-patient treatment and/or aftercare prescribed by the Medical Director. The approval of the NBA and the Players Association shall rest in their absolute and sole discretion, and their decision shall be final, binding, and unappealable. The granting of an application for reinstatement may be conditioned upon random testing of the player or such other terms as may be agreed upon by the NBA and the Players Association, whether or not such terms are contemplated by this Article XXXIII.
  5. In the event that the application for reinstatement of a First-Year Player dismissed and disqualified pursuant to Section 6(b) above is approved, such player, by reason of his Player Contract having been rendered null and void pursuant to Section 6(b) above, shall be deemed not to have completed his Player Contract by rendering the playing services called for thereunder. Accordingly, such player shall not be a Free Agent and shall not be entitled to negotiate or sign a Player Contract with any NBA Team, except as specifically provided in Section 6(f).
    1. A First-Year Player who has been reinstated pursuant to this Section 6 shall, immediately upon such reinstatement, notify the Team to which he was under contract at the time of his dismissal and disqualification (the “previous Team”). Upon receipt of such notification, and subject to Section 6(f)(ii) below, the previous Team shall then have thirty (30) days in which to make a Tender to the player with a stated term of at least one (1) full NBA Season (or, in the event that the Tender is made during a Season, of at least the remainder of that Season) and calling for at least the Minimum Player Salary then applicable to that player but not more than the Salary provided for in Section 6(f)(iii) below. If the previous Team makes such a Tender, it shall, for a period of one (1) year from the date of the Tender, be the only NBA Team with which the player may negotiate and sign a Player Contract. If the player does not sign a Player Contract with the previous Team within the year following such Tender, the player shall thereupon be deemed a Restricted Free Agent, subject to a Right of First Refusal. If the previous Team fails to make a Tender, the player shall become an Unrestricted Free Agent.
    2. Notwithstanding anything to the contrary in Section 6(f)(i) above, the 30-day period for the previous Team to make a Tender shall be tolled if (x) on the date the player serves the notice required by Section 6(f)(i), he is under contract to a professional basketball team not in the NBA, or (y) the player signs a contract with a professional basketball team not in the NBA at any point after the date on which the player serves the notice required by Section 6(f)(i) and before the date on which the previous Team makes a Tender. If the 30-day period for making a Tender is tolled pursuant to the preceding sentence, the period shall remain tolled until the date on which the player notifies the Team that he is immediately available to sign and begin rendering playing services under a Player Contract with such Team, provided that such notice will not be effective until the player is under no contractual or other legal impediment to sign with and begin rendering playing services for such Team.
    3. A player who is reinstated pursuant to this Section 6 may enter into a Player Contract with his previous Team that provides for a Salary and Unlikely Bonuses for the first Season of up to the player’s Salary and Unlikely Bonuses, respectively, for the Salary Cap Year in which he was dismissed and disqualified (reduced on a pro rata basis if the first Season of the new Contract is a partial Season), even if the Team has a Team Salary at or above the Salary Cap or such Player Contract causes the Team to have a Team Salary above the Salary Cap. If the player and the previous Team enter into such Player Contract and such Contract covers more than one Season, increases and decreases in Salary for Seasons following the first Season shall be governed by Article VII, Section 5(c)(1); provided, however, that if the player who is reinstated was dismissed and disqualified during the term of his Rookie Scale Contract, then (x) the number of Seasons in the player’s new Contract may not exceed three (3) Seasons plus a Team Option Year and the Salary and Unlikely Bonuses called for in any Season of the player’s new Contract, including the Option Year, may not exceed the Salary and Unlikely Bonuses called for during the corresponding Season of his Rookie Scale Contract, and (y) if the new Contract contains terms identical to those contained in the remaining Seasons of the player’s Rookie Scale Contract at the time he was dismissed and disqualified, and the Team ultimately exercises the Option following the third Season of the new Contract, then the player’s Team shall retain the same rights with respect to such new Contract as it would have retained under Article XI following the completion of the player’s Rookie Scale Contract.

33.7 Testing of Veteran Players.

  1. In addition to the testing procedures set forth in Section 5 above, a Veteran Player may be required to undergo testing for Prohibited Substances by the NBA no more than one (1) time each Season (i) during regular training camp, or, (ii) in the case of a Veteran Player who joins a Team with fewer than fifteen (15) days remaining in regular training camp or who joins a Team during the Regular Season (and provided such Veteran Player had not previously been tested during such training camp or Season), during the first fifteen (15) days after such player reports to his Team.
  2. In the event that a Veteran Player tests positive for a Drug of Abuse pursuant to this Section 7, he shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a). If the player tests positive for marijuana or Steroids pursuant to this Section 7, he shall enter the Program and suffer the applicable consequences set forth in Sections 9 or 10 below, as the case may be.

33.8 Drugs of Abuse Program.

  1. Voluntary Entry.

    1. A player may enter the Drugs of Abuse Program voluntarily at any time by Coming Forward Voluntarily for a problem involving the use of a Drug of Abuse; provided, however, that a player may not Come Forward Voluntarily (A) until he has been selected in an NBA Draft or invited to an NBA training camp; (B) during any period in which an Authorization for Testing as to that player remains in effect pursuant to Section 5 above; (C) during any period in which he remains subject to in-patient or aftercare treatment in Stage 1 of the Drugs of Abuse Program; or (D) after he has reached Stage 2 of the Drugs of Abuse Program.
    2. If a player who has not previously entered the Drugs of Abuse Program Comes Forward Voluntarily for a problem involving the use of a Drug of Abuse, he shall enter Stage 1 of the Drugs of Abuse Program.
    3. If a player who has not previously entered Stage 2 of the Drugs of Abuse Program, but who has been notified by the Medical Director that he has successfully completed Stage 1 of that Program, Comes Forward Voluntarily for a problem involving the use of a Drug of Abuse, he shall enter Stage 2 of the Drugs of Abuse Program.
    4. No penalty of any kind will be imposed on a player as a result of having Come Forward Voluntarily for a problem involving the use of a Drug of Abuse. The foregoing sentence shall not preclude the imposition of a penalty under Section 8(c)(iv) below as a result of the player’s entering Stage 2 of the Drugs of Abuse Program, or any penalty called for by this Article XXXIII as a result of conduct by the player that occurs after he has Come Forward Voluntarily.

  2. Stage 1.

    1. Any player who has entered Stage 1 of the Drugs of Abuse Program shall be required to submit to an evaluation by the Medical Director, provide (or cause to be provided) to the Medical Director such relevant medical and treatment records as the Medical Director may request, and commence the treatment and testing program prescribed by the Medical Director.
    2. If a player, within ten (10) days of the date on which he was notified that he had entered Stage 1 of the Drugs of Abuse Program and without a reasonable excuse, fails to comply (in the professional judgment of the Medical Director) with any of the obligations set forth in Section 8(b)(i) above, he shall be suspended until such time as the Medical Director determines that he has fully complied with Section 8(b)(i). If such noncompliance continues without a reasonable excuse (in the professional judgment of the Medical Director) for thirty (30) days from the date on which the player was notified that he had entered Stage 1 of the Drugs of Abuse Program, the player shall (A) advance to Stage 2 of the Drugs of Abuse Program, or (B) the player’s Team may, notwithstanding any term or provision in or amendment to the player’s Uniform Player Contract, terminate such Contract without any further obligation to pay Compensation, except to pay the Compensation (either Current or Deferred) that may have been earned by the player to the date of termination.
    3. Except as provided in this Article XXXIII, no penalty of any kind will be imposed on a player while he is in Stage 1 of the Drugs of Abuse Program and, provided he complies with the terms of his prescribed treatment, he will continue to receive his Compensation during the term of his treatment for a period of up to three (3) months of care in an In-Patient Facility and such aftercare as may be required by the Medical Director.

  3. Stage 2.

    1. Any player who has entered Stage 2 of the Drugs of Abuse Program shall be required to submit to an evaluation by the Medical Director, provide (or cause to be provided) to the Medical Director such relevant medical and treatment records as the Medical Director may request, and commence the treatment and testing program prescribed by the Medical Director.
    2. If a player, within thirty (30) days of the date on which he was notified that he had entered Stage 2 of the Drugs of Abuse Program and without a reasonable excuse, fails to comply (in the professional judgment of the Medical Director) with any of the obligations set forth in Section 8(c)(i) above, he shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a) below.
    3. A player in Stage 2 of the Drugs of Abuse Program shall be suspended during the period of his in-patient treatment and for at least the first six (6) months of his aftercare treatment. The player shall remain suspended during any subsequent period in which he is undergoing treatment that, in the professional judgment of the Medical Director, prevents him from rendering the playing services called for by his Uniform Player Contract.
    4. Any subsequent use, possession, or distribution of a Drug of Abuse by a player in Stage 2, even if voluntarily disclosed, or any conduct by a player in Stage 2 that results in his advancing one Stage in the Drugs of Abuse Program, shall result in the player being immediately dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a) below.

  4. Treatment and Testing Program.

    A player who enters the Drugs of Abuse Program shall be required to comply with such in-patient and aftercare program as may be prescribed and supplemented from time to time by the Medical Director. Such program may include random testing for Prohibited Substances other than Steroids, and for alcohol, and such non-testing elements as may be determined in the professional judgment of the Medical Director.

33.9 Marijuana Program.

  1. Voluntary Entry.

    1. A player may enter the Marijuana Program voluntarily at any time by Coming Forward Voluntarily; provided, however, that a player may not Come Forward Voluntarily for a problem involving the use of marijuana (A) until he has been selected in an NBA Draft or invited to an NBA training camp; (B) during any period in which an Authorization for Testing as to that player remains in effect pursuant to Section 5 above; or (C) during any period in which he remains subject to in-patient or aftercare treatment in the Marijuana Program.
    2. If a player who has not previously entered the Marijuana Program, or a player who has been notified by the Medical Director that he has successfully completed that Program, Comes Forward Voluntarily for a problem involving the use of marijuana, he shall enter the Marijuana Program.
    3. No penalty of any kind will be imposed on a player as a result of having Come Forward Voluntarily for a problem involving the use of marijuana. The foregoing sentence shall not preclude the imposition of any penalty called for by this Article XXXIII as a result of conduct by the player that occurs after he has Come Forward Voluntarily.

  2. Treatment.

    1. A player who enters the Marijuana Program shall be required to submit to an evaluation by the Medical Director, provide (or cause to be provided) to the Medical Director such relevant medical and treatment records as the Medical Director may request, and commence the treatment and testing program prescribed by the Medical Director. Such program may include random testing for Prohibited Substances other than Steroids, and for alcohol, and such non-testing elements as may be determined in the professional judgment of the Medical Director.
    2. If a player, within five (5) days of the date on which he was notified that he had entered the Marijuana Program and without a reasonable excuse, fails to comply (in the professional judgment of the Medical Director) with any of the obligations set forth in the first sentence of Section 9(b)(i) above, he shall be fined $10,000; if the player thereafter fails to comply, without a reasonable excuse, with such obligations (in the professional judgment of the Medical Director) within eight (8) days of such notification, he shall be fined an additional $10,000; and for each additional day beyond the 8th day that the player, without a reasonable excuse, fails to comply with such obligations (in the professional judgment of the Medical Director), he shall be fined an additional $10,000. The total amount of such fines may not exceed the player’s total Compensation.

  3. Penalties.

    Any player who (i) tests positive for marijuana pursuant to Section 5 (Reasonable Cause Testing), Section 6 (Testing of First-Year Players), or Section 7 (Testing of Veteran Players), (ii) is adjudged by the Grievance Arbitrator pursuant to Section 6(e) to have used or possessed marijuana, or (iii) has been convicted of (including a plea of guilty, no contest or nolo contendere to) the use or possession of marijuana in violation of the law, shall suffer the following penalties:

    1. For the first such violation, the player shall be required to enter the Marijuana Program;
    2. For the second such violation, the player shall be fined $15,000 and required to enter the Marijuana Program;
    3. For the third and any subsequent such violation, the player shall be suspended for five (5) games and required to enter the Marijuana Program.

33.10 Use or Possession of Steroids.

  1. Voluntary Entry.

    1. A player may enter the Steroids Program voluntarily at any time by Coming Forward Voluntarily; provided, however, that a player may not Come Forward Voluntarily for a problem involving the use of Steroids (i) until he has been selected in an NBA Draft or invited to an NBA training camp; (ii) during any period in which an Authorization for testing as to that player remains in effect pursuant to Section 5 above; or (iii) during any period in which he remains subject to in-patient or aftercare treatment in the Steroids Program.
    2. If a player who has not previously entered the Steroids Program Comes Forward Voluntarily for a problem involving the use of Steroids, he shall enter the Steroids Program.
    3. No penalty of any kind will be imposed on a player as a result of having Come Forward Voluntarily for a problem involving the use of Steroids. The foregoing sentence shall not preclude the imposition of any penalty called for by this Article XXXIII as a result of conduct by the player that occurs after he has Come Forward Voluntarily.

  2. Treatment.

    1. A player who enters the Steroids Program shall be required to submit to an evaluation by the Medical Director, provide (or cause to be provided) to the Medical Director such relevant medical and treatment records as the Medical Director may request, and commence the treatment and testing program prescribed by the Medical Director. Such program may include random testing for Steroids and such non-testing elements as may be determined in the professional judgment of the Medical Director.
    2. If a player, within five (5) days of the date on which he was notified that he had entered the Steroids Program and without a reasonable excuse, fails to comply (in the professional judgment of the Medical Director) with any of the obligations set forth in the first sentence of Section 10(b)(i) above, he shall be fined $10,000; if the player, without a reasonable excuse, thereafter fails to comply with such obligations (in the professional judgment of the Medical Director) within eight (8) days of such notification, he shall be fined an additional $10,000; and for each additional day beyond the 8th day that the player, without a reasonable excuse, fails to comply with such obligations (in the professional judgment of the Medical Director), he shall be fined an additional $10,000. The total amount of such fines shall not exceed the player’s total Compensation.

  3. Penalties.

    Any player who (i) tests positive for Steroids pursuant to Section 5 (Reasonable Cause Testing), Section 6 (Testing of First-Year Players), or Section 7 (Testing of Veteran Players), or (ii) is adjudged by the Grievance Arbitrator pursuant to Section 5(e) to have used or possessed Steroids, shall suffer the following penalties:

    1. for the first such violation, the player shall be suspended for five (5) games and required to enter the Steroids Program;
    2. for the second such violation, the player shall be suspended for ten (10) games and required to enter the Steroids Program;
    3. for the third and any subsequent violation, the player shall be suspended for twenty-five (25) games and required to enter the Steroids Program.

33.11 Noncompliance with Treatment.

  1. Drugs of Abuse.

    1. Any player who, after entering Stage 1 or Stage 2 of the Drugs of Abuse Program, fails to comply with his treatment or his aftercare program as prescribed and determined by the Medical Director, shall be suspended. Such suspension shall continue until the player has, in the professional judgment of the Medical Director, resumed full compliance with his treatment program.
    2. Notwithstanding Section 11(a) above, any player who in the professional judgment of the Medical Director, after entering Stage 1 or Stage 2 of the Drugs of Abuse Program, fails to comply with his treatment program through (A) a pattern of behavior that demonstrates a mindful disregard for his treatment responsibilities, or (B) a positive test for a Prohibited Substance other than Steroids that is not clinically expected by the Medical Director, shall suffer the following penalties:
      1. if the player is in Stage 1 of the Drugs of Abuse Program, he shall advance to Stage 2 and be suspended until, in the professional judgment of the Medical Director, he has resumed full compliance with his treatment program; or
      2. if the player already is in Stage 2 of the Drugs of Abuse Program, he shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a) below.

  2. Marijuana.

    1. Any player who, after entering the Marijuana Program, fails to comply (without a reasonable excuse) with his treatment program as prescribed and determined by the Medical Director, shall be fined $1,000 for each day that he fails to comply. Such fines shall continue until the player has, in the professional judgment of the Medical Director, resumed full compliance with his treatment program. The total amount of such fines shall not exceed the player’s total Compensation.
    2. Notwithstanding Section 11(b)(i) above, any player who, after entering the Marijuana Program, fails to comply with his treatment program through (A) a pattern of behavior that demonstrates a mindful disregard for his treatment responsibilities, or (B) a positive test for marijuana that is not clinically expected by the Medical Director, shall suffer the following penalties:
      1. if the player has not previously been fined $15,000 under Section 9(c) above or this Section 11(b)(ii), a fine of $15,000;
      2. if the player has previously been fined $15,000 under Section 9(c) above or this Section 11(b)(ii), a suspension of five (5) games; or
      3. if the player has previously been suspended for five (5) games under Section 9(c) above or this Section 11(b)(ii), an indefinite number of five-game (5) suspensions that shall continue until, in the professional judgment of the Medical Director, the player resumes full compliance with his treatment program.
    3. In addition to any consequence to the player under Section 11(b)(ii) above, any player who has entered the Marijuana Program but not the Drugs of Abuse Program, and tests positive for a Drug of Abuse in any test conducted by the Medical Director, shall enter Stage 1 of the Drugs of Abuse Program.

  3. Steroids.

    1. Any player who, after entering the Steroids Program, fails to comply (without a reasonable excuse) with his treatment program as prescribed and determined by the Medical Director, shall be fined $5,000 per day for each day that he fails to comply. Such fines shall continue until the player has, in the professional judgment of the Medical Director, resumed full compliance with his treatment program. The total amount of such fines shall not exceed the player’s total Compensation.
    2. Notwithstanding Section 11(c)(i) above, any player who, after entering the Steroids Program, fails to comply with his treatment program as prescribed and determined by the Medical Director through (A) a pattern of behavior that demonstrates a mindful disregard of his treatment responsibilities, or (B) a positive test for Steroids that was not clinically expected by the Medical Director, shall suffer the following penalties:
      1. if the player has not previously been suspended for five (5) games under Section 10(c) above or this Section 11(c)(ii), a suspension of five (5) games;
      2. if the player has previously been suspended for five (5) games under Section 10(c) above or this Section 11(c)(ii), a suspension of ten (10) games;
      3. if the player has previously been suspended for ten (10) games under Section 10(c) above or this Section 11(c)(ii), a suspension of twenty-five (25) games; or
      4. if the player has previously been suspended for twenty-five (25) games under Section 10(c) above or this Section 11(c)(ii), an indefinite suspension that shall continue until, in the professional judgment of the Medical Director, the player resumes full compliance with his treatment program.

  4. Directed Testing.

    Any player who, after entering the Program, and without a reasonable explanation satisfactory to the Medical Director, (i) fails to appear for any of his Team’s scheduled games, or (ii) misses, during any consecutive seven-day (7) period, any two (2) airplane flights on which his team is scheduled to travel, any two (2) Team practices, or a combination of any one (1) practice and any one (1) Team flight, shall appear at his Team’s office and submit to a urine test, to be conducted by the NBA, within twenty-four (24) hours of the game for which the player failed to appear or within twenty-four (24) hours of the second missed flight or practice or combination of one missed flight and one (1) missed practice, as the case may be. If such player is “on the road” with his Team, the player shall be required to telephone the Medical Director within the required 24-hour period, advise the Medical Director of his location, and comply with the Medical Director’s instructions as to where and when he will be tested. If any test conducted pursuant to this Section 11(d) is positive: (x) for a Drug of Abuse (for a player in the Drugs of Abuse Program), then the player shall suffer the applicable consequences set forth in Section 11(a)(ii) above; (y) for marijuana (for a player in the Marijuana Program), then the player shall suffer the applicable consequences set forth in Section 11(b)(ii) above; (z) for Steroids (for a player in the Steroids Program), then the player will suffer the applicable consequences set forth in Section 11(c)(ii) above.

33.12 Dismissal and Disqualification.

  1. A player who, under the terms of this Agreement, is “dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a)” shall, without exception, immediately be so dismissed and disqualified for a period of not less than two (2) years, and such player’s Player Contract shall be rendered null and void and of no further force or effect (subject to the provisions of paragraph 8 of the Uniform Player Contract). Such dismissal and disqualification shall be mandatory and may not be rescinded or reduced by the player’s Team or the NBA.
  2. In addition to any other provision of this Agreement requiring that a player be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a) above, a player will also be dismissed and disqualified under Section 12(a) if he is convicted of (including a plea of guilty, no contest, or nolo contendere to) a crime involving the use or possession of a Prohibited Substance other than marijuana.

33.13 Reinstatement.

  1. After a period of at least two (2) years from the time of a player’s dismissal and disqualification under Section 12(a) above, such player may apply for reinstatement as a player in the NBA. However, such player shall have no right to reinstatement under any circumstance and the reinstatement shall be granted only with the prior approval of both the NBA and the Players Association. The approval of the NBA and the Players Association shall rest in their absolute and sole discretion, and their decision shall be final, binding, and unappealable. Among the factors that may be considered by the NBA and the Players Association in determining whether to grant reinstatement are (without limitation): the circumstances surrounding the player’s dismissal and disqualification; whether the player has satisfactorily completed a treatment and rehabilitation program; the player’s conduct since his dismissal, including the extent to which the player has since comported himself as a suitable role model for youth; and whether the player is judged to possess the requisite qualities of good character and morality.
  2. A player will not be reinstated unless he can demonstrate, by proof of random urine testing acceptable to the Medical Director (conducted on at least a weekly basis), that he has not tested positive (i) for a Prohibited Substance within the twelve (12) months prior to the submission of his application for reinstatement and during any period while his application is being reviewed, and (ii) if the Medical Director deems it necessary in his or her professional judgment, for alcohol for the six (6) months prior to the submission of his application for reinstatement and during any period while his application is being reviewed.
  3. The granting of an application for reinstatement may be conditioned upon random testing of the player or such other terms as may be agreed upon by the NBA and the Players Association, whether or not such terms are contemplated by the terms of this Article XXXIII.
    1. A player who has been reinstated pursuant to this Section 13 shall, immediately upon such reinstatement, notify the Team to which he was under contract at the time of his dismissal and disqualification (the “previous Team”). Upon receipt of such notification, and subject to Section 13(d)(ii) below, the previous Team shall then have thirty (30) days in which to make a Tender to the player with a stated term of at least one (1) full NBA Season (or, in the event the Tender is made during a Season, of at least the rest of that Season) and calling for a Salary in the first Season covered by the Tender at least equal to the lesser of (x) the player’s Salary for the Salary Cap Year in which he was dismissed and disqualified, or (y) the Estimated Average Player Salary during the then-current Season, in either case reduced on a pro rata basis if the first Season covered by the Tender is a partial Season, but not greater than the Salary provided in Section 13(d)(iii) below. If the previous Team makes such a Tender, it shall, for a period of one (1) year from the date of the Tender, be the only NBA Team with which the player may negotiate and sign a Player Contract. If the player does not sign a Player Contract with the previous Team within the year following such Tender, then the player shall thereupon be deemed a Restricted or an Unrestricted Free Agent, in accordance with the provisions of Article XI. If the previous Team fails to make a Required Tender, the player shall become an Unrestricted Free Agent.
    2. Notwithstanding anything to the contrary in Section 13(d)(i) above, the 30-day period for the previous Team to make a Tender shall be tolled if (x) on the date the player serves the notice required by Section 13(d)(i), he is under contract to a professional basketball team not in the NBA, or (y) the player signs a contract with a professional basketball team not in the NBA at any point after the date on which he serves the notice required by Section 13(d)(i) and before the date on which the previous Team makes a Tender. If the 30-day period for making a Tender is tolled pursuant to the preceding sentence, the period shall remain tolled until the date on which the player notifies the Team that he is available to sign a Player Contract with and begin rendering playing services for such Team immediately, provided that such notice will not be effective until the player is under no contractual or other legal impediment to sign with and begin rendering playing services for such Team.
    3. A player who is reinstated pursuant to this Section 13 may enter into a Player Contract with his previous Team that provides for a Salary and Unlikely Bonuses for the first Season of up to the player’s Salary and Unlikely Bonuses, respectively, for the Salary Cap Year in which he was dismissed and disqualified (reduced on a pro rata basis if the first Season of the new Contract is a partial Season), even if the Team has a Team Salary at or above the Salary Cap or such Player Contract causes the Team to have a Team Salary above the Salary Cap. If the player and the previous Team enter into such Player Contract and such Contract covers more than one Season, increases and decreases in Salary for Seasons following the first Season shall be governed by Article VII, Section 5(c)(i); provided, however, that if the player who is reinstated was dismissed and disqualified during the term of his Rookie Scale Contract, then (x) the number of Seasons in the player’s new Contract may not exceed the number of Seasons (including the Team Option Year) that remained under the player’s Rookie Scale Contract at the time he was dismissed and disqualified, and the Salary called for in any Season of the player’s new Contract (including any Option Year), may not exceed the Salary called for during the corresponding Season of his Rookie Scale Contract, and (y) if the new Contract contains terms identical to those contained in the remaining Seasons of the player’s Rookie Scale Contract at the time he was dismissed and disqualified, and the player’s Team ultimately exercises its Option, then such Team shall retain the same rights with respect to such new Contract as it would have retained under Article XI following the completion of the player’s Rookie Scale Contract.

33.14 Exclusivity of the Program.

  1. Except as expressly provided in this Article XXXIII, there shall be no other screening or testing for Prohibited Substances conducted by the NBA or any Team, and no player shall be required to undergo such screening or testing. If any Team is found to have tested a player surreptitiously, the NBA will impose a substantial fine not to exceed $500,000 upon such Team pursuant to the NBA’s Constitution and By-Laws.
  2. The penalties set forth in this Article XXXIII shall be the exclusive penalties to be imposed upon a player for the use, possession or distribution of a Prohibited Substance.
  3. No Uniform Player Contract entered into after the date hereof shall include any term or provision that modifies, contradicts, changes, or is inconsistent with paragraph 8 of such Contract or provides for the testing of a player for illegal substances. Any term or provision of a currently effective Uniform Player Contract that is inconsistent with paragraph 8 of such Contract shall be deemed null and void only to the extent of the inconsistency.

33.15 Additional Bases for Testing.

  1. Any player who seeks treatment outside the Program for a problem involving a Prohibited Substance shall, as directed by the NBA (after notice to the Players Association), submit himself to an evaluation by the Medical Director and provide (or cause to be provided) to the Medical Director such medical and treatment records as the Medical Director may request. The Medical Director may, in his or her professional judgment, also require such a player, without prior notice, to submit to testing for Prohibited Substances, provided that the frequency of such testing shall not exceed three (3) times per week and the duration of such testing shall not exceed one (1) year from the date of the player’s initial evaluation by the Medical Director.
  2. If, pursuant to Section 15(a) above, a player (i) tests positive for a Drug of Abuse; (ii) refuses or fails to submit to an evaluation or provide (or cause to be provided) the information requested by the Medical Director; or (iii) submits to treatment outside the Program for a substance abuse problem involving a Prohibited Substance, but does not Come Forward Voluntarily within 60 days of being requested to do so by the NBA (with notice to the Players Association), the player shall advance two stages in the Drugs of Abuse Program—i.e., the player shall enter Stage 2 of the Drugs of Abuse Program (if the player had not previously entered Stage 1 of such Program), and the player shall be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 12(a) above (if the player had previously entered Stage 1 or Stage 2 of such Program).
  3. If, pursuant to Section 15(a) above, a player tests positive for marijuana, he shall suffer the consequences set forth in Section 9(c)(B) above or, if the player had previously been penalized under Section 9(c)(B), the consequences set forth in Section 9(c)(C) above.
  4. If, pursuant to Section 15(a) above, a player tests positive for Steroids, he shall suffer the consequences set forth in Section 10(c)(B) above or, if the player had previously been penalized under Section 10(c)(B), the consequences set forth in Section 10(c)(C) above.
  5. Nothing in this Section 15 shall limit or otherwise affect any of the provisions of Section 5 (Reasonable Cause Testing).

33.16 Additional Prohibited Substances.

  1. At any time during the term of this Agreement, either the NBA or the Players Association may convene a meeting of the Prohibited Substances Committee to request that a substance or substances be added to the list of Prohibited Substances set forth on Exhibit I-2 to this Agreement. Any such addition may only include (i) a substance that is illegal or (ii) a substance that is physically harmful to players and improperly performance-enhancing. The determination of the Committee to add to the list of Prohibited Substances shall be made by a majority vote of all five Committee members, and shall be final, binding, and unappealable. Players will receive notice of any addition to the list of Prohibited Substances six (6) months prior to the date on which such addition becomes effective under this Article XXXIII.
  2. Prior to the commencement of the 1999-2000 NBA Season, the Prohibited Substances Committee shall establish a list of Steroids that will be considered Prohibited Substances under this Article XXXIII. The determination of this list by the Committee shall be made by a majority vote of all five Committee members, and shall be final, binding, and unappealable.