Derdeyn v. University of Colorado, Boulder Ex Rel. Regents of the University

Opinion by

Judge PLANK.

This appeal concerns the constitutionality of the drug testing program for intercollegiate athletics at the University of Colorado (the University). Defendants, the University, its Board of Regents, its president, and its athletic director, appeal the judgment entered in favor of the class of student athlete plaintiffs which declared the testing program unconstitutional. We affirm in part and reverse in part.

In the 1984-85 academic year, the University instituted a drug testing program of participants in intercollegiate athletics because of a desire to prepare its…