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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
-
- --------
- No. 94-590
- --------
- VERNONIA SCHOOL DISTRICT 47J, PETITIONER
- v. WAYNE ACTON, et ux., etc.
- on writ of certiorari to the united states court
- of appeals for the ninth circuit
- [June 26, 1995]
-
- Justice Scalia delivered the opinion of the Court.
- The Student Athlete Drug Policy adopted by School
- District 47J in the town of Vernonia, Oregon, authorizes
- random urinalysis drug testing of students who partici-
- pate in the District's school athletics programs. We
- granted certiorari to decide whether this violates the
- Fourth and Fourteenth Amendments to the United
- States Constitution.
-
- I
- A
- Petitioner Vernonia School District 47J (District)
- operates one high school and three grade schools in the
- logging community of Vernonia, Oregon. As elsewhere
- in small-town America, school sports play a prominent
- role in the town's life, and student athletes are admired
- in their schools and in the community.
- Drugs had not been a major problem in Vernonia
- schools. In the mid-to-late 1980's, however, teachers and
- administrators observed a sharp increase in drug use.
- Students began to speak out about their attraction to
- the drug culture, and to boast that there was nothing
- the school could do about it. Along with more drugs
- came more disciplinary problems. Between 1988 and
- 1989 the number of disciplinary referrals in Vernonia
- schools rose to more than twice the number reported in
- the early 1980's, and several students were suspended.
- Students became increasingly rude during class; out-
- bursts of profane language became common.
- Not only were student athletes included among the
- drug users but, as the District Court found, athletes
- were the leaders of the drug culture. 796 F. Supp.
- 1354, 1357 (D. Ore. 1992). This caused the District's
- administrators particular concern, since drug use
- increases the risk of sports-related injury. Expert
- testimony at the trial confirmed the deleterious effects
- of drugs on motivation, memory, judgment, reaction,
- coordination, and performance. The high school football
- and wrestling coach witnessed a severe sternum injury
- suffered by a wrestler, and various omissions of safety
- procedures and misexecutions by football players, all
- attributable in his belief to the effects of drug use.
- Initially, the District responded to the drug problem
- by offering special classes, speakers, and presentations
- designed to deter drug use. It even brought in a
- specially trained dog to detect drugs, but the drug
- problem persisted. According to the District Court:
- -[T]he administration was at its wits end and . . . a
- large segment of the student body, particularly those
- involved in interscholastic athletics, was in a state
- of rebellion. Disciplinary problems had reached
- `epidemic proportions.' The coincidence of an almost
- three-fold increase in classroom disruptions and
- disciplinary reports along with the staff's direct
- observations of students using drugs or glamorizing
- drug and alcohol use led the administration to the
- inescapable conclusion that the rebellion was being
- fueled by alcohol and drug abuse as well as the
- student's misperceptions about the drug culture.-
- Ibid.
- At that point, District officials began considering a drug-
- testing program. They held a parent -input night- to
- discuss the proposed Student Athlete Drug Policy
- (Policy), and the parents in attendance gave their
- unanimous approval. The school board approved the
- Policy for implementation in the fall of 1989. Its
- expressed purpose is to prevent student athletes from
- using drugs, to protect their health and safety, and to
- provide drug users with assistance programs.
-
- B
- The Policy applies to all students participating in
- interscholastic athletics. Students wishing to play sports
- must sign a form consenting to the testing and must
- obtain the written consent of their parents. Athletes are
- tested at the beginning of the season for their sport. In
- addition, once each week of the season the names of the
- athletes are placed in a -pool- from which a student,
- with the supervision of two adults, blindly draws the
- names of 10% of the athletes for random testing. Those
- selected are notified and tested that same day, if
- possible.
- The student to be tested completes a specimen control
- form which bears an assigned number. Prescription
- medications that the student is taking must be identified
- by providing a copy of the prescription or a doctor's
- authorization. The student then enters an empty locker
- room accompanied by an adult monitor of the same sex.
- Each boy selected produces a sample at a urinal, re-
- maining fully clothed with his back to the monitor, who
- stands approximately 12 to 15 feet behind the student.
- Monitors may (though do not always) watch the student
- while he produces the sample, and they listen for nor-
- mal sounds of urination. Girls produce samples in an
- enclosed bathroom stall, so that they can be heard but
- not observed. After the sample is produced, it is given
- to the monitor, who checks it for temperature and tam-
- pering and then transfers it to a vial.
- The samples are sent to an independent laboratory,
- which routinely tests them for amphetamines, cocaine,
- and marijuana. Other drugs, such as LSD, may be
- screened at the request of the District, but the identity
- of a particular student does not determine which drugs
- will be tested. The laboratory's procedures are 99.94%
- accurate. The District follows strict procedures regard-
- ing the chain of custody and access to test results. The
- laboratory does not know the identity of the students
- whose samples it tests. It is authorized to mail written
- test reports only to the superintendent and to provide
- test results to District personnel by telephone only after
- the requesting official recites a code confirming his
- authority. Only the superintendent, principals, vice-prin-
- cipals, and athletic directors have access to test results,
- and the results are not kept for more than one year.
- If a sample tests positive, a second test is adminis-
- tered as soon as possible to confirm the result. If the
- second test is negative, no further action is taken. If
- the second test is positive, the athlete's parents are
- notified, and the school principal convenes a meeting
- with the student and his parents, at which the student
- is given the option of (1) participating for six weeks in
- an assistance program that includes weekly urinalysis,
- or (2) suffering suspension from athletics for the remain-
- der of the current season and the next athletic season.
- The student is then retested prior to the start of the
- next athletic season for which he or she is eligible. The
- Policy states that a second offense results in automatic
- imposition of option (2); a third offense in suspension for
- the remainder of the current season and the next two
- athletic seasons.
-
- C
- In the fall of 1991, respondent James Acton, then a
- seventh-grader, signed up to play football at one of the
- District's grade schools. He was denied participation,
- however, because he and his parents refused to sign the
- testing consent forms. The Actons filed suit, seeking
- declaratory and injunctive relief from enforcement of the
- Policy on the grounds that it violated the Fourth and
- Fourteenth Amendments to the United States Constitu-
- tion and Article I, 9, of the Oregon Constitution. After
- a bench trial, the District Court entered an order deny-
- ing the claims on the merits and dismissing the action.
- 796 F. Supp., at 1355. The United States Court of Ap-
- peals for the Ninth Circuit reversed, holding that the
- Policy violated both the Fourth and Fourteenth Amend-
- ments and Article I, 9, of the Oregon Constitution. 23
- F. 3d 1514 (1994). We granted certiorari. 513 U. S. ___
- (1994).
-
- II
- The Fourth Amendment to the United States Constitu-
- tion provides that the Federal Government shall not
- violate -[t]he right of the people to be secure in their
- persons, houses, papers, and effects, against unreason-
- able searches and seizures, . . . .- We have held that
- the Fourteenth Amendment extends this constitutional
- guarantee to searches and seizures by state officers,
- Elkins v. United States, 364 U. S. 206, 213 (1960),
- including public school officials, New Jersey v. T. L. O.,
- 469 U. S. 325, 336-337 (1985). In Skinner v. Railway
- Labor Executives' Assn., 489 U. S. 602, 617 (1989), we
- held that state-compelled collection and testing of urine,
- such as that required by the Student Athlete Drug
- Policy, constitutes a -search- subject to the demands of
- the Fourth Amendment. See also Treasury Employees
- v. Von Raab, 489 U. S. 656, 665 (1989).
- As the text of the Fourth Amendment indicates, the
- ultimate measure of the constitutionality of a govern-
- mental search is -reasonableness.- At least in a case
- such as this, where there was no clear practice, either
- approving or disapproving the type of search at issue, at
- the time the constitutional provision was enacted,
- whether a particular search meets the reasonableness
- standard -`is judged by balancing its intrusion on the
- individual's Fourth Amendment interests against its
- promotion of legitimate governmental interests.'- Skin-
- ner, supra, at 619 (quoting Delaware v. Prouse, 440
- U. S. 648, 654 (1979)). Where a search is undertaken
- by law enforcement officials to discover evidence of
- criminal wrongdoing, this Court has said that reason-
- ableness generally requires the obtaining of a judicial
- warrant, Skinner, supra, at 619. Warrants cannot be
- issued, of course, without the showing of probable cause
- required by the Warrant Clause. But a warrant is not
- required to establish the reasonableness of all govern-
- ment searches; and when a warrant is not required (and
- the Warrant Clause therefore not applicable), probable
- cause is not invariably required either. A search
- unsupported by probable cause can be constitutional, we
- have said, -when special needs, beyond the normal need
- for law enforcement, make the warrant and probable-
- cause requirement impracticable.- Griffin v. Wisconsin,
- 483 U. S. 868, 873 (1987) (internal quotation marks
- omitted).
- We have found such -special needs- to exist in the
- public-school context. There, the warrant requirement
- -would unduly interfere with the maintenance of the
- swift and informal disciplinary procedures [that are]
- needed,- and -strict adherence to the requirement that
- searches be based upon probable cause- would undercut
- -the substantial need of teachers and administrators for
- freedom to maintain order in the schools.- T. L. O.,
- supra, at 340, 341. The school search we approved in
- T. L. O., while not based on probable cause, was based
- on individualized suspicion of wrongdoing. As we explic-
- itly acknowledged, however, -`the Fourth Amendment
- imposes no irreducible requirement of such suspicion,'-
- id., at 342, n. 8 (quoting United States v. Martinez-
- Fuerte, 428 U. S. 543, 560-561 (1976)). We have upheld
- suspicionless searches and seizures to conduct drug
- testing of railroad personnel involved in train accidents,
- see Skinner, supra; to conduct random drug testing of
- federal customs officers who carry arms or are involved
- in drug interdiction, see Von Raab, supra; and to
- maintain automobile checkpoints looking for illegal
- immigrants and contraband, Martinez-Fuerte, supra, and
- drunk drivers, Michigan Dept. of State Police v. Sitz, 496
- U. S. 444 (1990).
-
- III
- The first factor to be considered is the nature of the
- privacy interest upon which the search here at issue
- intrudes. The Fourth Amendment does not protect all
- subjective expectations of privacy, but only those that
- society recognizes as -legitimate.- T. L. O., 469 U. S.,
- at 338. What expectations are legitimate varies, of
- course, with context, id., at 337, depending, for example,
- upon whether the individual asserting the privacy
- interest is at home, at work, in a car, or in a public
- park. In addition, the legitimacy of certain privacy
- expectations vis---vis the State may depend upon the
- individual's legal relationship with the State. For
- example, in Griffin, supra, we held that, although a
- -probationer's home, like anyone else's, is protected by
- the Fourth Amendmen[t],- the supervisory relationship
- between probationer and State justifies -a degree of
- impingement upon [a probationer's] privacy that would
- not be constitutional if applied to the public at large.-
- 483 U. S., at 873, 875. Central, in our view, to the
- present case is the fact that the subjects of the Policy
- are (1) children, who (2) have been committed to the
- temporary custody of the State as schoolmaster.
- Traditionally at common law, and still today, uneman-
- cipated minors lack some of the most fundamental rights
- of self-determination-including even the right of liberty
- in its narrow sense, i.e., the right to come and go at
- will. They are subject, even as to their physical free-
- dom, to the control of their parents or guardians. See
- 59 Am. Jur. 2d 10 (1987). When parents place minor
- children in private schools for their education, the
- teachers and administrators of those schools stand in
- loco parentis over the children entrusted to them. In
- fact, the tutor or schoolmaster is the very prototype of
- that status. As Blackstone describes it, a parent -may
- . . . delegate part of his parental authority, during his
- life, to the tutor or schoolmaster of his child; who is
- then in loco parentis, and has such a portion of the
- power of the parent committed to his charge, viz. that
- of restraint and correction, as may be necessary to
- answer the purposes for which he is employed.- 1 W.
- Blackstone, Commentaries on the Laws of England 441
- (1769).
- In T. L. O. we rejected the notion that public schools,
- like private schools, exercise only parental power over
- their students, which of course is not subject to constitu-
- tional constraints. T. L. O., 469 U. S., at 336. Such a
- view of things, we said, -is not entirely `consonant with
- compulsory education laws,'- ibid. (quoting Ingraham v.
- Wright, 430 U. S. 651, 662 (1977)), and is inconsistent
- with our prior decisions treating school officials as state
- actors for purposes of the Due Process and Free Speech
- Clauses, T. L. O., supra, at 336. But while denying that
- the State's power over schoolchildren is formally no more
- than the delegated power of their parents, T. L. O. did
- not deny, but indeed emphasized, that the nature of that
- power is custodial and tutelary, permitting a degree of
- supervision and control that could not be exercised over
- free adults. -[A] proper educational environment re-
- quires close supervision of schoolchildren, as well as the
- enforcement of rules against conduct that would be per-
- fectly permissible if undertaken by an adult.- 469 U. S.,
- at 339. While we do not, of course, suggest that public
- schools as a general matter have such a degree of con-
- trol over children as to give rise to a constitutional
- -duty to protect,- see DeShaney v. Winnebago County
- Dept. of Social Servs., 489 U. S. 189, 200 (1989), we
- have acknowledged that for many purposes -school au-
- thorities ac[t] in loco parentis,- Bethel School Dist.
- No. 403 v. Fraser, 478 U. S. 675, 684 (1986), with the
- power and indeed the duty to -inculcate the habits and
- manners of civility,- id., at 681 (internal quotation
- marks omitted). Thus, while children assuredly do not
- -shed their constitutional rights . . . at the schoolhouse
- gate,- Tinker v. Des Moines Independent Community
- School Dist., 393 U. S. 503, 506 (1969), the nature of
- those rights is what is appropriate for children in school.
- See, e.g., Goss v. Lopez, 419 U. S. 565, 581-582 (1975)
- (due process for a student challenging disciplinary
- suspension requires only that the teacher -informally
- discuss the alleged misconduct with the student minutes
- after it has occurred-); Fraser, supra, at 683 (-[I]t is a
- highly appropriate function of public school education to
- prohibit the use of vulgar and offensive terms in public
- discourse-); Hazlewood School Dist. v. Kuhlmeier, 484
- U. S. 260, 273 (1988) (public school authorities may
- censor school-sponsored publications, so long as the
- censorship is -reasonably related to legitimate pedagogi-
- cal concerns-); Ingraham, supra, at 682 (-[I]mposing
- additional administrative safeguards [upon corporal
- punishment] . . . would . . . entail a significant intrusion
- into an area of primary educational responsibility-).
- Fourth Amendment rights, no less than First and
- Fourteenth Amendment rights, are different in public
- schools than elsewhere; the -reasonableness- inquiry
- cannot disregard the schools' custodial and tutelary
- responsibility for children. For their own good and that
- of their classmates, public school children are routinely
- required to submit to various physical examinations, and
- to be vaccinated against various diseases. According to
- the American Academy of Pediatrics, most public schools
- -provide vision and hearing screening and dental and
- dermatological checks. . . . Others also mandate scoliosis
- screening at appropriate grade levels.- Committee on
- School Health, American Academy of Pediatrics, School
- Health: A Guide for Health Professionals 2 (1987). In
- the 1991-1992 school year, all 50 States required public-
- school students to be vaccinated against diphtheria,
- measles, rubella, and polio. U. S. Dept. of Health &
- Human Services, Public Health Service, Centers for
- Disease Control, State Immunization Requirements
- 1991-1992, p. 1. Particularly with regard to medical
- examinations and procedures, therefore, -students within
- the school environment have a lesser expectation of
- privacy than members of the population generally.-
- T. L. O., 469 U. S., at 348 (Powell, J., concurring).
- Legitimate privacy expectations are even less with
- regard to student athletes. School sports are not for the
- bashful. They require -suiting up- before each practice
- or event, and showering and changing afterwards.
- Public school locker rooms, the usual sites for these
- activities, are not notable for the privacy they afford.
- The locker rooms in Vernonia are typical: no individual
- dressing rooms are provided; shower heads are lined up
- along a wall, unseparated by any sort of partition or
- curtain; not even all the toilet stalls have doors. As the
- United States Court of Appeals for the Seventh Circuit
- has noted, there is -an element of `communal undress'
- inherent in athletic participation,- Schaill by Kross v.
- Tippecanoe County School Corp., 864 F. 2d 1309, 1318
- (1988).
- There is an additional respect in which school athletes
- have a reduced expectation of privacy. By choosing to
- -go out for the team,- they voluntarily subject them-
- selves to a degree of regulation even higher than that
- imposed on students generally. In Vernonia's public
- schools, they must submit to a preseason physical exam
- (James testified that his included the giving of a urine
- sample, App. 17), they must acquire adequate insurance
- coverage or sign an insurance waiver, maintain a
- minimum grade point average, and comply with any
- -rules of conduct, dress, training hours and related
- matters as may be established for each sport by the
- head coach and athletic director with the principal's
- approval.- Record, Exh. 2, p. 30, -8. Somewhat like
- adults who choose to participate in a -closely regulated
- industry,- students who voluntarily participate in school
- athletics have reason to expect intrusions upon normal
- rights and privileges, including privacy. See Skinner,
- 489 U. S., at 627; United States v. Biswell, 406 U. S.
- 311, 316 (1972).
-
- IV
- Having considered the scope of the legitimate expecta-
- tion of privacy at issue here, we turn next to the
- character of the intrusion that is complained of. We
- recognized in Skinner that collecting the samples for
- urinalysis intrudes upon -an excretory function tradition-
- ally shielded by great privacy.- Skinner, 489 U. S., at
- 626. We noted, however, that the degree of intrusion
- depends upon the manner in which production of the
- urine sample is monitored. Ibid. Under the District's
- Policy, male students produce samples at a urinal along
- a wall. They remain fully clothed and are only observed
- from behind, if at all. Female students produce samples
- in an enclosed stall, with a female monitor standing
- outside listening only for sounds of tampering. These
- conditions are nearly identical to those typically encoun-
- tered in public restrooms, which men, women, and
- especially school children use daily. Under such condi-
- tions, the privacy interests compromised by the process
- of obtaining the urine sample are in our view negligible.
- The other privacy-invasive aspect of urinalysis is, of
- course, the information it discloses concerning the state
- of the subject's body, and the materials he has ingested.
- In this regard it is significant that the tests at issue
- here look only for drugs, and not for whether the
- student is, for example, epileptic, pregnant, or diabetic.
- See Skinner, supra, at 617. Moreover, the drugs for
- which the samples are screened are standard, and do
- not vary according to the identity of the student. And
- finally, the results of the tests are disclosed only to a
- limited class of school personnel who have a need to
- know; and they are not turned over to law enforcement
- authorities or used for any internal disciplinary function.
- 796 F. Supp., at 1364; see also 23 F. 3d, at 1521.
- Respondents argue, however, that the District's Policy
- is in fact more intrusive than this suggests, because it
- requires the students, if they are to avoid sanctions for
- a falsely positive test, to identify in advance prescription
- medications they are taking. We agree that this raises
- some cause for concern. In Von Raab, we flagged as one
- of the salutary features of the Customs Service drug-
- testing program the fact that employees were not
- required to disclose medical information unless they
- tested positive, and, even then, the information was
- supplied to a licensed physician rather than to the
- Government employer. See Von Raab, 489 U. S., at
- 672-673, n. 2. On the other hand, we have never
- indicated that requiring advance disclosure of medica-
- tions is per se unreasonable. Indeed, in Skinner we held
- that it was not -a significant invasion of privacy.-
- Skinner, 489 U. S., at 626, n. 7. It can be argued that,
- in Skinner, the disclosure went only to the medical
- personnel taking the sample, and the Government
- personnel analyzing it, see id., at 609, but see id., at 610
- (railroad personnel responsible for forwarding the
- sample, and presumably accompanying information, to
- the Government's testing lab); and that disclosure to
- teachers and coaches-to persons who personally know
- the student-is a greater invasion of privacy. Assuming
- for the sake of argument that both those propositions
- are true, we do not believe they establish a difference
- that respondents are entitled to rely on here.
- The General Authorization Form that respondents
- refused to sign, which refusal was the basis for James's
- exclusion from the sports program, said only (in relevant
- part): -I . . . authorize the Vernonia School District to
- conduct a test on a urine specimen which I provide to
- test for drugs and/or alcohol use. I also authorize the
- release of information concerning the results of such a
- test to the Vernonia School District and to the parents
- and/or guardians of the student.- App. 10-11. While the
- practice of the District seems to have been to have a
- school official take medication information from the
- student at the time of the test, see App. 29, 42, that
- practice is not set forth in, or required by, the Policy,
- which says simply: -Student athletes who . . . are or
- have been taking prescription medication must provide
- verification (either by a copy of the prescription or by
- doctor's authorization) prior to being tested.- App. 8.
- It may well be that, if and when James was selected for
- random testing at a time that he was taking medication,
- the School District would have permitted him to provide
- the requested information in a confidential manner-for
- example, in a sealed envelope delivered to the testing
- lab. Nothing in the Policy contradicts that, and when
- respondents choose, in effect, to challenge the Policy on
- its face, we will not assume the worst. Accordingly, we
- reach the same conclusion as in Skinner: that the
- invasion of privacy was not significant.
-
- V
- Finally, we turn to consider the nature and immediacy
- of the governmental concern at issue here, and the
- efficacy of this means for meeting it. In both Skinner
- and Von Raab, we characterized the government interest
- motivating the search as -compelling.- Skinner, supra,
- at 628 (interest in preventing railway accidents); Von
- Raab, supra, at 670 (interest in insuring fitness of
- customs officials to interdict drugs and handle firearms).
- Relying on these cases, the District Court held that
- because the District's program also called for drug
- testing in the absence of individualized suspicion, the
- District -must demonstrate a `compelling need' for the
- program.- 796 F. Supp., at 1363. The Court of Appeals
- appears to have agreed with this view. See 23 F. 3d, at
- 1526. It is a mistake, however, to think that the phrase
- -compelling state interest,- in the Fourth Amendment
- context, describes a fixed, minimum quantum of govern-
- mental concern, so that one can dispose of a case by
- answering in isolation the question: Is there a compel-
- ling state interest here? Rather, the phrase describes
- an interest which appears important enough to justify
- the particular search at hand, in light of other factors
- which show the search to be relatively intrusive upon a
- genuine expectation of privacy. Whether that relatively
- high degree of government concern is necessary in this
- case or not, we think it is met.
- That the nature of the concern is important-indeed,
- perhaps compelling-can hardly be doubted. Deterring
- drug use by our Nation's schoolchildren is at least as
- important as enhancing efficient enforcement of the
- Nation's laws against the importation of drugs, which
- was the governmental concern in Von Raab, supra, at
- 668, or deterring drug use by engineers and trainmen,
- which was the governmental concern in Skinner, supra,
- at 628. School years are the time when the physical,
- psychological, and addictive effects of drugs are most
- severe. -Maturing nervous systems are more critically
- impaired by intoxicants than mature ones are; childhood
- losses in learning are lifelong and profound-; -children
- grow chemically dependent more quickly than adults,
- and their record of recovery is depressingly poor.-
- Hawley, The Bumpy Road to Drug-Free Schools, 72 Phi
- Delta Kappan 310, 314 (1990). See also Estroff,
- Schwartz, & Hoffmann, Adolescent Cocaine Abuse: Ad-
- dictive Potential, Behavioral and Psychiatric Effects,
- 28 Clinical Pediatrics 550 (Dec. 1989); Kandel, Davies,
- Karus, & Yamaguchi, The Consequences in Young Adult-
- hood of Adolescent Drug Involvement, 43 Arch. Gen.
- Psychiatry 746 (Aug. 1986). And of course the effects of
- a drug-infested school are visited not just upon the
- users, but upon the entire student body and faculty, as
- the educational process is disrupted. In the present
- case, moreover, the necessity for the State to act is mag-
- nified by the fact that this evil is being visited not just
- upon individuals at large, but upon children for whom
- it has undertaken a special responsibility of care and di-
- rection. Finally, it must not be lost sight of that this
- program is directed more narrowly to drug use by school
- athletes, where the risk of immediate physical harm to
- the drug user or those with whom he is playing his
- sport is particularly high. Apart from psychological
- effects, which include impairment of judgment, slow re-
- action time, and a lessening of the perception of pain,
- the particular drugs screened by the District's Policy
- have been demonstrated to pose substantial physical
- risks to athletes. Amphetamines produce an -artificially
- induced heart rate increase, [p]eripheral vasoconstriction,
- [b]lood pressure increase, and [m]asking of the normal
- fatigue response,- making them a -very dangerous drug
- when used during exercise of any type.- Hawkins,
- Drugs and Other Ingesta: Effects on Athletic Perform-
- ance, in H. Appenzeller, Managing Sports and Risk
- Management Strategies 90, 90-91 (1993). Marijuana
- causes -[i]rregular blood pressure responses during
- changes in body position,- -[r]eduction in the oxygen-
- carrying capacity of the blood,- and -[i]nhibition of the
- normal sweating responses resulting in increased body
- temperature.- Id., at 94. Cocaine produces -[v]asocon-
- striction[,] [e]levated blood pressure,- and -[p]ossible
- coronary artery spasms and myocardial infarction.- Ibid.
- As for the immediacy of the District's concerns: We
- are not inclined to question-indeed, we could not
- possibly find clearly erroneous-the District Court's
- conclusion that -a large segment of the student body,
- particularly those involved in interscholastic athletics,
- was in a state of rebellion,- that -[d]isciplinary actions
- had reached `epidemic proportions,'- and that -the
- rebellion was being fueled by alcohol and drug abuse as
- well as by the student's misperceptions about the drug
- culture.- 796 F. Supp., at 1357. That is an immediate
- crisis of greater proportions than existed in Skinner,
- where we upheld the Government's drug testing program
- based on findings of drug use by railroad employees na-
- tionwide, without proof that a problem existed on the
- particular railroads whose employees were subject to the
- test. See Skinner, 489 U. S., at 607. And of much
- greater proportions than existed in Von Raab, where
- there was no documented history of drug use by any
- customs officials. See Von Raab, 489 U. S., at 673; id.,
- at 683 (Scalia, J., dissenting).
- As to the efficacy of this means for addressing the
- problem: It seems to us self-evident that a drug problem
- largely fueled by the -role model- effect of athletes' drug
- use, and of particular danger to athletes, is effectively
- addressed by making sure that athletes do not use
- drugs. Respondents argue that a -less intrusive means
- to the same end- was available, namely, -drug testing on
- suspicion of drug use.- Brief for Respondents 45-46.
- We have repeatedly refused to declare that only the
- -least intrusive- search practicable can be reasonable
- under the Fourth Amendment. Skinner, supra, at 629,
- n. 9 (collecting cases). Respondents' alternative entails
- substantial difficulties-if it is indeed practicable at all.
- It may be impracticable, for one thing, simply because
- the parents who are willing to accept random drug
- testing for athletes are not willing to accept accusatory
- drug testing for all students, which transforms the
- process into a badge of shame. Respondents' proposal
- brings the risk that teachers will impose testing arbi-
- trarily upon troublesome but not drug-likely students.
- It generates the expense of defending lawsuits that
- charge such arbitrary imposition, or that simply demand
- greater process before accusatory drug testing is im-
- posed. And not least of all, it adds to the ever-expand-
- ing diversionary duties of schoolteachers the new
- function of spotting and bringing to account drug abuse,
- a task for which they are ill prepared, and which is not
- readily compatible with their vocation. Cf. Skinner,
- supra, at 628 (quoting 50 Fed. Reg. 31526 (1985)) (a
- drug impaired individual -will seldom display any
- outward `signs detectable by the lay person or, in many
- cases, even the physician.'-); Goss, 419 U. S., at 594
- (Powell, J., dissenting) (-There is an ongoing relation-
- ship, one in which the teacher must occupy many
- roles-educator, adviser, friend, and, at times, parent-
- substitute. It is rarely adversary in nature . . .-)
- (footnote omitted). In many respects, we think, testing
- based on -suspicion- of drug use would not be better,
- but worse.
-
- VI
- Taking into account all the factors we have considered
- above-the decreased expectation of privacy, the relative
- unobtrusiveness of the search, and the severity of the
- need met by the search-we conclude Vernonia's Policy
- is reasonable and hence constitutional.
- We caution against the assumption that suspicionless
- drug testing will readily pass constitutional muster in
- other contexts. The most significant element in this
- case is the first we discussed: that the Policy was
- undertaken in furtherance of the government's responsi-
- bilities, under a public school system, as guardian and
- tutor of children entrusted to its care. Just as when
- the government conducts a search in its capacity as
- employer (a warrantless search of an absent employee's
- desk to obtain an urgently needed file, for example), the
- relevant question is whether that intrusion upon privacy
- is one that a reasonable employer might engage in, see
- O'Connor v. Ortega, 480 U. S. 709 (1987); so also when
- the government acts as guardian and tutor the relevant
- question is whether the search is one that a reasonable
- guardian and tutor might undertake. Given the findings
- of need made by the District Court, we conclude that in
- the present case it is.
- We may note that the primary guardians of Vernonia's
- schoolchildren appear to agree. The record shows no
- objection to this districtwide program by any parents
- other than the couple before us here-even though, as
- we have described, a public meeting was held to obtain
- parents' views. We find insufficient basis to contradict
- the judgment of Vernonia's parents, its school board, and
- the District Court, as to what was reasonably in the
- interest of these children under the circumstances.
-
- * * *
- The Ninth Circuit held that Vernonia's Policy not only
- violated the Fourth Amendment, but also, by reason of
- that violation, contravened Article I, -9 of the Oregon
- Constitution. Our conclusion that the former holding
- was in error means that the latter holding rested on a
- flawed premise. We therefore vacate the judgment, and
- remand the case to the Court of Appeals for further
- proceedings consistent with this opinion.
-
- It is so ordered.
-