es involve no governmental action. Intercollegiate associations do not qualify as governmental entities either. Thus, for example, rules enacted by the NCAA requiring the drug testing of athletes are not subject to federal constitutional challenge. Even when a state university requires such testing, the action is not that of a governmental entity if the school is following the rules of an intercollegiate association. The adoption of the NCAA rules by a state school does not transform the rules into state rules or the NCAA into a state actor. The school could withdraw from the NCAA at any time and many private schools belong to the NCAA. On the other hand, the decision in Tarkanian may not completely shield interscholastic athletic organizations from federal constitutional challenges. A private actor can become a state actor by entering into contractual or other legal relationships with public entities, or "conspiring" with public actors.
Consequently, the main instances where a federal constitutional challenge can be mounted are where individual state schools have instituted policies requiring drug testing of their athletes. In these cases, it is likely that the school policies will be considered state action undertaken by state actors. The precedent for this was a Supreme Court case which involved the search of a student's purse by a public high school teacher. The Court readily accepted the contention by the student that the action was a state action.
The potential right of privacy affects the right to be free from unreasonable searches, since the individual must have a privacy interest in the thing being searched. However, there is also a separate right to privacy under the Constitution, emanat
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