Code Section Group

Education Code - EDC

TITLE 3. POSTSECONDARY EDUCATION [66000 - 101060]

  ( Title 3 enacted by Stats. 1976, Ch. 1010. )

DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2]

  ( Division 5 enacted by Stats. 1976, Ch. 1010. )

PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67453]

  ( Part 40.3 added by Stats. 2012, Ch. 625, Sec. 1. )

CHAPTER 2. General Provisions [67451 - 67457]
  ( Chapter 2 added by Stats. 2012, Ch. 625, Sec. 1. )

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.

(Amended by Stats. 2019, Ch. 382, Sec. 1. (AB 1573) Effective January 1, 2020.)

67452.
  

Commencing with the 2013–14 academic year, an athletic program shall comply with all of the following:

(a) (1) If an athletic program does not renew an athletic scholarship of a student athlete who suffers an incapacitating injury or illness resulting from his or her participation in the athletic program, and the institution of higher education’s medical staff determines that he or she is medically ineligible to participate in intercollegiate athletics, the institution of higher education shall provide an equivalent scholarship that, combined with the total duration of any previous athletic scholarship or scholarships received by the student athlete, will be provided for a total of up to five academic years or until the student athlete completes his or her undergraduate degree, whichever period is shorter. Additional years may be provided at the discretion of the institution of higher education.

(2) If a student athlete takes a temporary leave of absence from an institution of higher education, the duration of that leave of absence shall not count against the five-year limit on eligibility for an equivalent scholarship imposed by paragraph (1).

(3) An athletic program shall provide an equivalent scholarship to a student athlete who was on an athletic scholarship and is in good standing, but has exhausted his or her athletic eligibility, for up to one year or until the student athlete completes his or her primary undergraduate degree, whichever is shorter, except that an athletic program with a graduation success rate that is above 60 percent, disaggregated by team, shall not be subject to the requirements of this paragraph.

(4) A student athlete whose athletic scholarship is not renewed for cause by an athletic program shall receive no benefits under this part, but may appeal this decision within the institution of higher education attended by the student or within the athletic conference or association of which that institution of higher education is a member, as appropriate.

(b) Each athletic program shall conduct a financial and life skills workshop for all of its first-year and third-year student athletes at the beginning of the academic year. This workshop shall include, but not be limited to, information concerning financial aid, debt management, and a recommended budget for full- and partial-scholarship student athletes living on or off campus during the academic year and the summer term based on the current academic year’s cost of attendance. The workshop shall also include information on time management skills necessary for success as a student athlete, and academic resources available on campus.

(c) An institution of higher education shall grant a student athlete the same rights as other students with regard to any and all matters related to possible adverse or disciplinary actions, including, but not necessarily limited to, actions involving athletically related financial aid.

(d) An athletic program shall respond within seven business days with an answer to a student athlete’s written request to transfer to another institution of higher education.

(e) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.

(f) An institution of higher education to which this section applies shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section.

(Added by Stats. 2012, Ch. 625, Sec. 1. (SB 1525) Effective January 1, 2013.)

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.

(Added by Stats. 2019, Ch. 382, Sec. 2. (AB 1573) Effective January 1, 2020.)

67453.
  

(a) (1) Unless a student athlete declines the payment of premiums, an athletic program shall be responsible for paying the premiums of each of its student athletes whose household has an income and asset level that does not exceed the level for Cal Grant A recipients set forth in Section 69432.7 for insurance covering claims resulting from their participation in the athletic program.

(2) An athletic program shall be responsible for paying the insurance deductible amount applicable to the claim of any student athlete who suffers an injury resulting from his or her participation in the athletic program and makes a claim relating to that injury.

(3) If a student athlete suffers an injury resulting from his or her participation in the athletic program that requires ongoing medical treatment, the athletic program shall provide, for a minimum of two years following the student athlete’s graduation or separation from the institution of higher education, one of the following:

(A) The necessary medical treatment.

(B) Health insurance that covers the injury and the resulting deductible amounts.

(4) This subdivision shall not apply to preexisting medical conditions that predate the student athlete’s participation in the athletic program.

(b) An athletic program shall adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program shall adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program.

(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.

(d) An institution of higher education to which this section applies shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section.

(Added by Stats. 2012, Ch. 625, Sec. 1. (SB 1525) Effective January 1, 2013.)

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.

(Added by Stats. 2019, Ch. 382, Sec. 3. (AB 1573) Effective January 1, 2020.)

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.

(Added by Stats. 2019, Ch. 382, Sec. 4. (AB 1573) Effective January 1, 2020.)

67456.
  

(a) (1) A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, or likeness. Earning compensation from the use of a student’s name, image, or likeness shall not affect the student’s scholarship eligibility.

(2) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, or likeness.

(3) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student’s name, image, or likeness.

(b) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athlete’s name, image, or likeness.

(c) (1) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.

(2) Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.

(3) Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.

(d) A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.

(e) (1) A student athlete shall not enter into a contract providing compensation to the athlete for use of the athlete’s name, image, or likeness if a provision of the contract is in conflict with a provision of the athlete’s team contract.

(2) A student athlete who enters into a contract providing compensation to the athlete for use of the athlete’s name, image, or likeness shall disclose the contract to an official of the institution, to be designated by the institution.

(3) An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athlete’s legal representation the relevant contractual provisions that are in conflict.

(f) A team contract of a postsecondary educational institution’s athletic program shall not prevent a student athlete from using the athlete’s name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.

(g) For purposes of this section, “postsecondary educational institution” means any campus of the University of California or the California State University, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.

(h) This section shall become operative on January 1, 2023.

(Added by Stats. 2019, Ch. 383, Sec. 2. (SB 206) Effective January 1, 2020. Operative January 1, 2023, by its own provisions.)

67457.
  

(a) (1) The Chancellor of the California Community Colleges shall convene a community college athlete name, image, and likeness working group. The working group shall include, but not be limited to, the following members:

(A) A chancellor’s office representative.

(B) A California Community College Athletic Association representative.

(C) At least two community college student athletes.

(D) A community college athletic administrator.

(E) A community college athletic coach.

(F) A Student Senate for California Community Colleges representative.

(G) One member appointed by the Speaker of the Assembly.

(H) One member appointed by the Senate Rules Committee.

(2) All appointments to the working group shall be completed on or before July 1, 2020.

(b) The working group shall do both of the following:

(1) Review existing California Community College Athletic Association bylaws, state and federal laws, and national athletic association bylaws regarding a college athlete’s use of the athlete’s name, image, and likeness for compensation.

(2) On or before July 1, 2021, submit a report to the California Community College Athletic Association and the Legislature, pursuant to Section 9795 of the Government Code, containing its findings and policy recommendations in connection with its review pursuant to paragraph (1).

(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2025.

(Added by Stats. 2019, Ch. 383, Sec. 3. (SB 206) Effective January 1, 2020. Repealed as of July 1, 2025, by its own provisions.)

EDCEducation Code - EDC