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

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Date Published: 07/02/2018 02:00 PM
AB2747:v93#DOCUMENT

Amended  IN  Senate  July 02, 2018
Amended  IN  Assembly  May 25, 2018
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
(Coauthor: Assembly Member Gonzalez Fletcher)

February 16, 2018


An act to amend Section 67451 of, and to add Sections 67452.2, 67452.3, 67454, and 67455 to, the Education Code, relating to collegiate athletes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2747, as amended, Holden. 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 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 provisions authorizing institutions of higher education to establish a degree completion 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 intentionally retaliating, as defined, against a student athlete for making a complaint in good faith, or reporting, in good faith faith, a violation of the student athlete’s rights as identified in the bill. granted under any applicable statute, regulation, or policy.
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) “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 67452.2 is added to the Education Code, to read:

67452.2.
 The Legislature finds and declares all of the following:
(a) The State of California concurs with the Healthy People 2020 findings of the United States Department of Health and Human Resources. These findings identify the leading determinants of the health of populations and individuals, including discrimination, education, injury, and the costs of medical expenses. Collegiate athletes are at an elevated risk for poor public health outcomes.
(b) Nothing in the act that adds this section requires an institution of higher education to violate the regulations of an athletic association of which it is a member. Nothing in the act that adds this section requires an institution of higher education to create a degree completion fund.
(c) Collegiate athletes, the majority of whom are members of one or more vulnerable sectors of society, should be shielded from economic and educational discrimination.

SEC. 3.

 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. 4.

 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 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)).
(3) A student athlete’s rights pursuant to this part, as applicable.
(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 students’ 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, including, but not necessarily limited to, which students are included in their reporting obligation.
(c) Every institution of higher education shall post and keep posted in a conspicuous location frequented by student athletes, 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 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. 5.

 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 making a complaint in good faith or for reporting, in good faith, a violation of the student athlete’s rights identified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 67454. granted under any applicable statute, regulation, or policy.
(b) (1) For purposes of this section, “retaliation” shall include all means any of the following:

(A)A reduction in or loss of playing time.

(B)

(A) A reduction in or loss of any education benefits, including scholarships and stipends.

(C)

(B) A reduction in or loss of any meal benefits provided to a student athlete.

(D)

(C) 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.
(2) For purposes of subparagraphs (A) to (C), inclusive, of paragraph (1), “retaliation” does not include mean an action taken, in good faith, by an institution of higher education on the basis of conduct other than a complaint made in good faith or the reporting, in good faith, of an alleged violation, as provided in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 67454.