Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-2747 Student Athlete Bill of Rights.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/26/2018 09:00 PM
AB2747:v95#DOCUMENT

Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  April 18, 2018
Amended  IN  Assembly  April 09, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2747


Introduced by Assembly Member Holden

February 16, 2018


An act to add Section 67452.3 to amend Section 67451 of, and to add Sections 67452.3, 67454, and 67455 to, the Education Code, and to amend Section 11165.7 of the Penal Code, relating to collegiate athletes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2747, as amended, Holden. Student Athletes Athlete Bill of Rights: collegiate athlete mandated reporters. Rights.

(1)Existing

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 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 a provision provisions authorizing institutions of higher education to establish a degree completion fund. fund, requiring institutions of higher education to prepare notices containing pertinent data relating to the rights of student athletes, and procedures for filing complaints, under the Student Athlete Bill of Rights, and prohibiting institutions of higher education from retaliating, as defined, against a student athlete for making a complaint or reporting a violation of the student athlete’s rights as identified in the bill.

(2)Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including, among others, social workers, physicians, psychiatrists, and athletic coaches at public and private postsecondary educational institutions, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor.

This bill, with respect to athletic coaches, as defined to include assistant coaches, graduate assistants involved in coaching, employees of collegiate athletic programs, and medical professionals providing care to students on behalf of a collegiate athletic program at public and private educational institutions, as well as employees of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, would provide that these persons would be known as collegiate athlete mandated reporters. The bill would require collegiate athlete mandated reporters to make an initial report by telephone and a followup report in writing if he or she has knowledge of, or observes, a collegiate athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been a victim of abuse or neglect. This provision would apply to both minor and adult collegiate athletes.

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 that institution of higher education within six years of their initial enrollment, 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)

(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.

SECTION 1.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.

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 containing pertinent data regarding the following information:
(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 rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)).
(3) A student athlete’s rights pursuant to this part.
(4) A student athlete’s rights pursuant to the regulations promulgated by any state commission authorized to provide up-to-date information about sports-related health risks and provide guidelines and mandates to ensure transparency and protections for student athletes.
(5) Any additional rights afforded specifically to student athletes, or students at large, as provided by the institution of higher education in any policy manual, handbook, executive order, or other written policy related to student’s rights.
(b) The notice developed pursuant to subdivision (a) shall contain sufficient information to enable a student athlete to file a complaint for a violation of any of the rights identified in the notice, including but not necessarily limited to, all of the following:
(1) The telephone number for the Civil Rights Hotline, utilized by the Office for Civil Rights for complaint reporting intake, as well as the telephone number of the Office for Civil Rights regional enforcement office.
(2) The Internet Web site address for the Office for Civil Rights online complaint form for Title IX complaint reporting.
(3) The Internet Web site address utilized by the United States Department of Education for reporting violations of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
(4) A list of the job classifications employed by the institution that are deemed mandated reporters pursuant to Section 11165.7 of the Penal Code, and the mandated reporter’s obligations under the law.
(c) Every institution of higher education shall post and keep posted in a conspicuous location frequented by student athletes, including but not limited to athletic training facilities, the notice developed pursuant to subdivision (a).
(d) Upon the commencement of every academic school year, the institution of higher education shall provide every student athlete a copy 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) 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 retaliate against a student athlete for making a complaint or reporting a violation of the student athlete’s rights identified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 67454.
(b) For the purposes of this section, “retaliation” shall include all of the following:
(1) A reduction in or loss of playing time.
(2) A reduction in or loss of any education benefits including scholarships and stipends.
(3) A reduction in or loss of any meal benefits provided to a student athlete.
(4) A reduction in or loss of any housing benefits provided to a student athlete, including the relocation of a student athlete’s housing owned by the institution of higher education.

SEC. 2.Section 11165.7 of the Penal Code is amended to read:
11165.7.

(a)As used in this article, “mandated reporter” is defined as any of the following:

(1)A teacher.

(2)An instructional aide.

(3)A teacher’s aide or teacher’s assistant employed by a public or private school.

(4)A classified employee of a public school.

(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.

(6)An administrator of a public or private day camp.

(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.

(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.

(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.

(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.

(11)A Head Start program teacher.

(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.

(13)A public assistance worker.

(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.

(15)A social worker, probation officer, or parole officer.

(16)An employee of a school district police or security department.

(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.

(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.

(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.

(20)A firefighter, except for volunteer firefighters.

(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.

(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.

(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.

(25)An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.

(26)A state or county public health employee who treats a minor for venereal disease or any other condition.

(27)A coroner.

(28)A medical examiner or other person who performs autopsies.

(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.

(30)A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.

(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:

(A)“Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.

(B)“Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.

(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.

(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.

(34)An employee of any police department, county sheriff’s department, county probation department, or county welfare department.

(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.

(36)A custodial officer, as defined in Section 831.5.

(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.

(38)An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.

(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.

(40)An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.

(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.

(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.

(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.

(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.

(44)(A)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, who shall be known as a collegiate athlete mandated reporter.

(B)A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a collegiate athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident. This paragraph is applicable to both minor and adult collegiate athletes.

(45)An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.

(46)An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.

(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.

(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.

(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.

(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.

(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.

(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.

(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.