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UNIVERSITY OF COLORADO v. DERDEYN

No. 92SC86.

863 P.2d 929 (1993)

UNIVERSITY OF COLORADO, Boulder, Through its Board, The REGENTS OF the UNIVERSITY OF COLORADO, a body corporate; Judith Albino, as President of the University of Colorado, Boulder; and William Marolt, as Athletic Director, Department of Intercollegiate Athletics, Petitioners, v. David DERDEYN, individually and on behalf of all others similarly situated, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 6, 1993.

Attorney(s) appearing for the Case

Cooper & Kelley, P.C., Thomas B. Kelley, John R. Mann, Denver, Robert F. Nagel, University of Colorado School of Law, Boulder, Richard A. Tharp, Beverly Fulton, Office of University Counsel, Denver, for petitioners.

American Civil Liberties Union, David H. Miller, Denver, Norton Frickey & Associates, Judd Golden, Boulder, for respondents.

Justice LOHR delivered the Opinion of the Court.

We granted certiorari in order to determine whether random, suspicionless urinalysis-drug-testing of intercollegiate student athletes by the University of Colorado, Boulder (CU), violates the Fourth Amendment to the United States Constitution1 or Article II, Section 7, of the Colorado Constitution. Following a bench trial conducted in August of 1989 in which a class of current and prospective...

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