C. Refusal To Test
A refusal to submit to a drug test by Talent shall be treated as a positive test for disciplinary and all other purposes pursuant to this Policy.
8. COLLECTION AND TRANSPORT OF SPECIMEN(S)
The Program Administrator will be in charge of collection of specimen(s) and they will carry out the following procedures:
(a) Ensure that the specimen(s) is/are from the Talent in question (including observation of the collection of the specimen(s)).
(b) Ensure that the specimen(s) is/are collected within the time period designated. Normally, collection shall be made within one hour or less of the notification of the Talent that testing will be conducted, unless a different time is designated based on the circumstances.
(c) 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 Talent to provide additional specimen(s) as necessary.
(d) Label, secure, and transport the specimen(s) to the designated testing facility in such a manner as to ensure that the specimen(s) is/are not misplaced, tampered with, or relabeled.
9. FACILITY FOR TESTING
All testing will be done at a facility or facilities selected by WWE from among those facilities that have been certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the United States Department of Health and Human Services, College of American Pathologists Forensic Urine Drug Testing Program (CAP-FUDT) and/or American Society of Crime Laboratory Directors (ASCLD).
10. TECHNOLOGICAL ASPECTS OF TESTING
The WWE designated testing facility 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. The testing facility will transmit the results to the WWE PA. The PA shall promptly notify the Talent and the designated WWE representative whether or not the specimen(s) yielded a positive result for a prohibited drug and/or were adulterated or manipulated.
11. DEFINITION OF A POSITIVE TEST
(a) A positive test is one which confirms the presence of a prohibited drug or a metabolite of a prohibited drug.
(b) The initial test of Talent under this Policy shall be considered baseline testing and shall not, if positive, subject Talent to disciplinary action. Any subsequent positive test for non-medical use after the initial baseline test shall be treated as a positive test for disciplinary reasons if, in the opinion of the PA based on the evidence of testing and its interpretation of that evidence, the Talent has continued to use any such drugs.