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AB-1573 Collegiate athletes: Student Athlete Bill of Rights.(2019-2020)

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Date Published: 10/01/2019 02:00 PM
AB1573:v94#DOCUMENT

Assembly Bill No. 1573
CHAPTER 382

An act to amend Section 67451 of, and to add Sections 67452.3, 67454, and 67455 to, the Education Code, relating to collegiate athletes.

[ Approved by Governor  September 30, 2019. Filed with Secretary of State  September 30, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1573, Holden. Collegiate athletes: Student Athlete Bill of Rights.
Existing law provides for a system of postsecondary education in this state. This system includes as segments the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and independent institutions of higher education. Existing law further provides for a Student Athlete Bill of Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.
This bill would add to the Student Athlete Bill of Rights (1) provisions authorizing institutions of higher education to establish a degree completion fund, in accordance with applicable rules and bylaws of the governing body of the institution and applicable rules and bylaws of any athletic association, as defined, of which the institution is a member, (2) provisions requiring institutions of higher education to prepare notices detailing specified rights of student athletes and contact information for filing complaints under the Student Athlete Bill of Rights, and (3) provisions prohibiting institutions of higher education from intentionally retaliating, as defined, against a student athlete for any of the following actions with respect to student athlete rights granted under any applicable statute, regulation, or policy: making or filing a complaint, in good faith, about a violation; testifying or otherwise assisting in any investigation into violations; or opposing any practices that the student athlete, in good faith, believes are a violation. The bill would not restrict the authority of an institution of higher education to impose interim measures or, upon a finding of responsibility, permanent consequences on a student athlete who has been accused of sexual harassment or violence.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 67451 of the Education Code is amended to read:

67451.
 For purposes of this part:
(a) “Athletic association” means any organization that is responsible for governing intercollegiate athletic programs.
(b) “Athletic program” means an intercollegiate athletic program at any institution of higher education within the meaning of subdivision (d).
(c) “Graduation success rate” means the percentage of student athletes who graduate from an institution of higher education within six years of initial enrollment at that institution, excluding outgoing transfers in good academic standing with athletic eligibility remaining, and including incoming transfers. The rate is to be calculated by combining the rates of the four most recent classes that are available in the exact manner as the rate is calculated under National Collegiate Athletic Association rules.
(d) “Institution of higher education” means any campus of the University of California or the California State University, or any four-year private university located in California, that maintains an intercollegiate athletic program.
(e) “Media rights” means the rights to media coverage of intercollegiate athletics included in contracts that are entered into by intercollegiate athletic conferences and television networks and that generate monetary payments to individual institutions of higher education.
(f) “Office for Civil Rights” means the Office for Civil Rights within the United States Department of Education.
(g) “Student athlete” means any college student who participates in an intercollegiate athletic program of an institution of higher education, and includes student athletes who participate in basketball, football, and other intercollegiate sports.

SEC. 2.

 Section 67452.3 is added to the Education Code, to read:

67452.3.
 An institution of higher education may establish a degree completion fund, in accordance with applicable rules and bylaws of the governing body of the institution and applicable rules and bylaws of any athletic association of which the institution is a member.

SEC. 3.

 Section 67454 is added to the Education Code, immediately following Section 67453, to read:

67454.
 (a) An institution of higher education shall prepare a notice detailing the following rights:
(1) A student athlete’s rights pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
(2) A student athlete’s reporting rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)).
(b) The notice developed pursuant to subdivision (a) shall identify the contact information through which a student athlete may file a complaint for a violation of any of the rights identified in the notice, including, but not necessarily limited to, contact information for all of the following:
(1) The Office for Civil Rights, as well as the appropriate Office for Civil Rights regional enforcement office.
(2) The Office for Civil Rights Title IX enforcement office.
(3) The enforcement office of the United States Department of Education for reporting violations of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
(c) Every institution of higher education shall post, and keep posted in a conspicuous location in its athletic department that is frequented by student athletes where it is easily accessible and readable during campus business hours, including, but not necessarily limited to, athletic training facilities, the notice developed pursuant to subdivision (a).
(d) At the beginning of every academic year, the institution of higher education shall provide to every student athlete each of the following:
(1) A copy of the notice developed pursuant to subdivision (a).
(2) A current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports-Related Concussion Best Practices.
(3) A copy of any written policies related to concussions or other sports medicine practices specific to the institution of higher education.

SEC. 4.

 Section 67455 is added to the Education Code, immediately following Section 67454, to read:

67455.
 (a) An institution of higher education shall not intentionally retaliate against a student athlete for any of the following:
(1) Making or filing a complaint, in good faith, about a violation of student athlete rights granted under any applicable statute, regulation, or policy.
(2) Testifying or otherwise assisting in any investigation into violations of student athlete rights granted under any applicable statute, regulation, or policy.
(3) Opposing any practices that the student athlete, in good faith, believes are a violation of student athlete rights granted under any applicable statute, regulation, or policy.
(b) (1) For purposes of this section, “retaliation” includes, but is not necessarily limited to, each of the following:
(A) A reduction in or loss of any education benefits, including scholarships and stipends.
(B) A reduction in or loss of any meal benefits provided to a student athlete.
(C) A reduction in or loss of any housing benefits provided to a student athlete, including the relocation of a student athlete to different housing owned by the institution of higher education.
(2) For purposes of subparagraphs (A) to (C), inclusive, of paragraph (1), “retaliation” does not mean an action taken, in good faith, by an institution of higher education on the basis of conduct other than that described in subdivision (a).
(c) This section shall not be construed to restrict the authority of an institution of higher education to impose interim measures or, upon a finding of responsibility, permanent consequences on a student athlete who has been accused of sexual harassment or violence.