It has been said there are different degrees of guilt.

In the case involving former Tennessee receiver James Banks, those degrees were measured in Fahrenheit.

During the first week of December, Banks used a fake penis to submit a urine sample that was flagged when it measured hotter than normal body temperature, according to two UT football sources. Prosthetic penises designed to elude drug tests are sold on the Internet along with supplies of clean urine.

A remorseful Banks, who was dismissed by UT on Dec. 10, admitted to trying to thwart the drug test, but didn't want to comment further when reached by phone on Saturday.

Banks, who did not play this season after injuring his knee on Aug. 27, failed a drug test last year. He told the News Sentinel on Dec. 15 that he had quit smoking marijuana for six months before starting up again in September.

"You live and you learn,'' Banks said during the interview. "I made a bad mistake. I didn't think it was going to happen ... I didn't think I'd get caught.''

Banks' case shows the difficulties UT faces maintaining a drug-free football program.

Keith Clements, the Vols' head athletic trainer in the department of sports medicine, said UT's substance program is as thorough and aggressive as any of which he is aware.

Clements said the drug testing program goes to great lengths to identify ingredients used in masking agents as well as illegal supplements.

"We spend a lot of time investing in these kids,'' Clements said. "There are many more cases than not where it works out for the student-athlete.''

James Banks Sr. said even though his son was dismissed, he supported UT's decision.

"I'm sorry James had to put himself in a situation to have to use a device,'' Banks Sr. said. "If he wouldn't have had to use it, that would have meant he wasn't using an illegal substance.

"UT's staff educated themselves on what was out there My hope is that what happened will be beneficial for others in the future.''

Clements re-tested an undisclosed amount of athletes after Banks' incident. The athletes dropped their pants and lifted shirts so the device, worn like an undergarment, couldn't be used.

"I saw it (the device),'' said one UT player who asked not to be named. "You can't tell the difference looking at it between that and the real thing."

Clements wasn't surprised.

"There are constantly going to be people trying to beat the system,'' he said.

The Vols have an institutional program in addition to the NCAA mandated substance tests.

The NCAA's testing involves random samples from 30 university athletes one to two times per year. UT takes it further, taking samples from every student-athlete at the start of their respective season and prior to NCAA events and championships.

Clements said UT also tests, on the average, 25 student-athletes per week on a random basis.

"We're not naive," Clements said. "We know there are issues in our community and in our university life.

"Our mission is to identify any problems in our student-athletes and help treat them, counsel them, and prevent any further issues or problems."

Banks was also involved in an underage drinking incident in July. He's one of four UT players to have substance-abuse issues that affected them this season.

Safety Brandon Johnson, dismissed from the team for discharging a firearm in October, had past issues, failing a drug test earlier in his career at UT. Senior tight end Victor McClure, who had a DUI his sophomore year, had a domestic incident involving alcohol during the summer and was suspended.

Freshman punter Britton Colquitt has yet to play for the Vols, but he has been arrested three times for alcohol-related incidents: underage possession, underage consumption and driving under the influence.

The Vols have seen some of their talented offenders move on to success at other schools. Current players at high-profile programs include Oklahoma defensive tackle Lynn McGruder and Louisville receiver Montrell Jones. Minnesota Vikings' tailback Onterrio Smith left UT after the 1999 season and went on to find success at Oregon.

Tennessee coach Phillip Fulmer said he's sticking with his program for drug and alcohol offenders.

After one failed test or substance-related issue, the student-athlete is subjected to more frequent randomized drug testing and substance-abuse treatment and counseling. After two positive tests, Fulmer takes disciplinary action, usually suspending the student-athlete for a minimum of one game.

"You step up your efforts and get very intrusive into the student-athlete's lifestyle to counsel them and make sure they know what's at stake," Clements said. "But these are choices individuals make."

A third failed drug test results in dismissal from the program.

"We are proactive with our approach," Fulmer said. "We're going to deal with it and not sweep it under the rug."