CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1573

Author:(Holden)

As Amended Ver:July 5, 2019

Majority vote

SUMMARY:

This bill adds three provisions of law designed to support and protect the rights of student athletes at institutions of higher learning. Specifically, the bill: 1) authorizes schools to establish degree completion funds; 2) directs schools to develop, post, and disseminate specified information regarding existing student athlete rights; and, 3) prohibits schools from retaliating against student athletes who report violations of student athletes' rights.

The Senate Amendments:

1. Redefine and clarify the definition of retaliation under the bill to include 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.
2. Provide that 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.

COMMENTS:

Please see the policy committee analysis for a full discussion of the measure.

According to the Author:

Student athletes are faced with tremendous challenges as they balance a demanding practice and game schedule with fulltime course work. These athletes are also expected to maintain a strict code of conduct dictated by more than just their coach or school, but by the National Collegiate Athletic Association (NCAA). Even as these high expectations are maintained, the performance of athletes earns recognition or funding for the school, but athletes' needs are not always paid attention to. The bill addresses long standing issues concerning the treatment of student athletes.

Arguments in Support:

In support, the University of California Student Association writes, "This legislation requires colleges, universities, and college athletic organizations to provide college athletes protection for their physical, emotional, financial, and academic wellbeing. Players … do not have recourse to express serious complaints about their athletic programs without fear of retribution. AB 1573 requires the NCAA and schools to treat students with the respect they deserve and make sure every athlete has the same advantages as all other students."

Arguments in Opposition:

There is no opposition on file for this measure.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA: 7-0-0

YES: Chu, Diep, Chiu, Choi, Friedman, Kamlager-Dove, Nazarian

ASM HIGHER EDUCATION: 11-0-1

YES: Medina, Choi, Quirk, Bloom, Gabriel, Irwin, Kiley, Levine, Low, Santiago, Weber

ABS, ABST OR NV: Patterson

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 74-0-6

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Burke, Cooley, Friedman, Cristina Garcia, Ting

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Leyva

UPDATED:

VERSION: July 5, 2019

CONSULTANT: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450 FN: 0001502

 CONSENT 

Bill No: AB 1573

Author: Holden (D)

Amended: 7/5/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 6/19/19

AYES: Leyva, Wilk, Chang, Glazer, McGuire, Pan

NO VOTE RECORDED: Durazo

SENATE JUDICIARY COMMITTEE: 9-0, 7/2/19

AYES: Jackson, Borgeas, Durazo, Lena Gonzalez, Jones, Monning, Stern, Umberg, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 5/16/19 (Consent) - See last page for vote

SUBJECT: Collegiate athletes: Student Athlete Bill of Rights

SOURCE: Author

DIGEST:

This bill, within the Student Athlete Bill of Rights, (1) requires institutions of higher education to provide student athletes with specified information, including information detailing certain rights, (2) authorizes institutions of higher education to establish a degree completion fund, and (3) prohibits institutions of higher education from intentionally retaliating against a student athlete, as specified.

ANALYSIS:

Existing federal law:

1. Provides at Title IX of the Education Amendments of 1972 (Title IX) that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. (20 U.S.C. Sec. 1681 et seq.)
2. Requires in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 (Clery Act), that colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st. (20 U.S.C. § 1092(f))

Existing state law:

1. Establishes the Student Athlete Bill of Rights (SABR), which establishes certain protections for student athletes at institutions that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics. (Education Code § 67450 et seq.)
2. Defines a “student athlete” as 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. (EC § 67451(f)
3. Requires an institution of higher education to 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. (EC § 67452(c))
4. Requires an athletic program to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program must adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program. (EC § 67453(b))
5. Declares that the Legislature believes colleges should provide special sexual assault seminars for student athletes. (EC § 67390)

This bill, within the SABR, (1) requires institutions of higher education to provide student athletes with specified information, including information detailing certain rights, (2) authorizes institutions of higher education to establish a degree completion fund, and (3) prohibits institutions of higher education from intentionally retaliating against a student athlete, as specified. Specifically, this bill:

1. Authorizes institutions of higher education to establish degree completion funds, 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.
2. Requires every institution of higher education to 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. Requires the notice of rights to identify the contact information through which a student athlete can 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 Office for Civil Rights, as well as appropriate Office for Civil Rights regional enforcement office.
   2. The Office for Civil Rights Title IX enforcement.
   3. The enforcement contact for the United States Department of Education Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
4. Requires every institution of higher education to post and keep posted the notice of rights in a conspicuous location in its athletic department frequented by student athletes, where it is easily accessible and readable during campus hours, including, but not necessarily limited to, athletic training facilities.
5. Requires every institution of higher education, at the beginning of every academic year, to provide every student athlete each of the following:
   1. A copy of the rights notice.
   2. A current copy of the National Collegiate Athletic Association (NCAA) 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.
6. Prohibits institutions of higher education from intentionally retaliating against a student athlete for any of the following:
   1. Making or filing a complaint, in good faith, about a violation of the student athlete’s 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.
7. Contains the following definitions for purposes of this bill:
   1. “Office for Civil Rights” means the Office for Civil Rights within the United States Department of Education.
   2. “Retaliation” includes but is not limited to any of the following:
      1. A reduction in or loss of any education benefits, including scholarships and stipends.
      2. A reduction in or loss of any meal benefits provided to a student athlete.
      3. 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.
8. Specifies that its provisions 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.

Comments

1. Need for the bill. According to the author, “the bill addresses long standing issues concerning the treatment of student athletes. Student athletes are faced with tremendous challenges as they balance a demanding practice and game schedule with fulltime course work. These athletes are also expected to maintain a strict code of conduct dictated by more than just their coach or school, but by the NCAA. Even as these high expectations are maintained, the performance of athletes earns recognition or funding for the school, but athletes’ needs are not always paid attention to. For example, there are reports of physical abuse, most notably at Michigan State, where students were uncomfortable speaking about the violations or did not have the violation adequately addressed. Many athletes are also prohibited from having jobs so they have limited resources to cover their everyday needs. For many athletes at Division one schools, a violation of NCAA bylaws means they not only lose their place on the team, but they lose their scholarship and access to an education. The current college athletics system creates a world where students assume all of the risk—physically, emotionally, financially, and academically—but colleges and the NCAA receive almost all the reward.

“Current law includes the Student Athlete Bill of Rights however there has been evidence that students are not clear of their rights under this law or other options when faced with abuse or unethical treatment. There is also no explicit law against the type of retaliation athletes often and uniquely face. Students should be protected in all areas but because participation in athletics can often include a scholarship or a condition of admission, student athletes are financially vulnerable as well as academically.”

1. Student Athlete Bill of Rights. The protections for California student athletes contained in the SABR are limited to universities that receive, on average, at least $10 million in annual income from media rights for intercollegiate athletics. Based on annual revenues from media rights, the SABR currently only applies to four institutions of higher education: the University of California (UC) at Berkeley and Los Angeles, Stanford University, and the University of Southern California.

The SABR requires an intercollegiate athletic program at any campus of the UC, California State University, or private four-year university in California to provide to students whose athletic scholarship is not renewed, an equivalent scholarship (when combined with the total duration of any previous athletic or other scholarship received by the student) for a total of at least five years or until the student completes his or her undergraduate degree, whichever period is shorter. The law also requires athletic programs to promptly approve a qualifying student athlete's written request to transfer to another institution without actively or passively imposing any restrictions or condition. Implementation must include granting other institutions permission to contact the student athlete and waiving residency requirements, as permitted by athletic association rules.

The SABR also requires an athletic program to be responsible for any and all medical expenses of its student athletes resulting from their participation in the athletic program, irrespective of whether the student athlete is still in school, has graduated or is no longer enrolled in the school, so long as the medical expenses result from the student athlete's participation in the athletic program, and to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration, and exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program.

Colleges must also 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 actions involving his or her participation in the athletic program.

1. Title IX. Title IX prohibits sex discrimination in all educational institutions that receive federal funding. This applies to all aspects of education and types of sex discrimination including athletics, sexual harassment and assault, harassment based on gender identity, science and math education, and facilities and course offerings.
2. The Clery Act. The Clery Act requires colleges and universities that receive federal funding to disseminate a public ASR to employees and students every October 1st. This ASR must include statistics of campus crime for the preceding three calendar years, plus details about efforts taken to improve campus safety.
3. NCAA bylaw changes. This bill authorizes an institution 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 of which the institution is a member. The NCAA adopted a new bylaw (3.2.4.22) on August 8, 2018, which takes effect on August 1, 2019, and provides that “an active member institution shall provide a former basketball student-athlete with financial aid to complete his or her first baccalaureate degree.” NCAA bylaw 15.01.5.2.1 implements that requirement and further provides that “an institution that provides athletically related financial aid to basketball student-athletes shall provide, at a minimum, tuition and fees, and course-related books to a former basketball student-athlete who requests financial aid to complete his or her first baccalaureate degree, provided that specified conditions are met. This bill enables institutions to fulfill this requirement.
4. These provisions are not subject to the $10 million media rights trigger. As indicated above, provisions within the Student Athlete Bill of Rights limit its applicability to only those California institutions that receive, on average, more than $10 million in annual income derived from media rights for intercollegiate athletics. Currently, only the UC at Berkeley and Los Angeles, Stanford University, and the University of Southern California meet that revenue threshold. However, the provisions proposed by this bill do not include the same revenue trigger, and accordingly, they would be applicable to any campus of the UC or the California State University, or any four-year private university located in California that maintains an intercollegiate athletic program.

Related/Prior Legislation

SB 206 (Skinner, 2019) allows, commencing on January 1, 2023, student athletes at public and private postsecondary institutions, except for community colleges, to earn compensation for the use of their own name, image or likeness. The bill also allows these student athletes to obtain professional representation, such as a sports agent. The bill prohibits an athletic association, conference or other group or organization from preventing 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. SB 206 is pending before the Assembly Appropriations Committee.

AB 1518 (Chu, 2019) authorizes a student athlete to enter into a contract with an athlete agent without losing their status as a student athlete, if the contract complies with the policy of the student athlete's educational institution and the bylaws of the NCAA. AB 1518 is pending before the Governor.

AB 2747 (Holden, 2018) would have authorized college athletes to self-organize, as specified, required campuses to establish a process by which the complaints of student athletes may be reported and investigated, as specified, prohibited a student athlete from being penalized for receiving gifts or income, as specified, and established and defined collegiate mandated reporters, as specified. The bill was held in Senate Appropriations Committee.

AB 2220 (Bonta, 2018) would have expanded applicability of the SABR from four universities to all intercollegiate athletic programs that provide athletic scholarships, as defined, and would have removed the limitation in existing law for funding of SABR provisions to media rights revenues derived from the university athletic department. It would further have provided a private right of action, as specified, to college athletes who claim to have had any rights established under the SABR violated by an institution of higher education, including any of its personnel. The bill was held in the Senate Appropriations Committee.

AB 1435 (Gonzalez Fletcher, 2017) would have established the College Athlete Protection Act under the administration of the College Athlete Protection Commission, which would be established by the bill, for the protection of college or university athletes participating in intercollegiate athletic programs offered by institutions of higher education located in California. The bill was held in the Senate Education Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/19/19)

California Labor Federation

California State University

University of California Student Association

OPPOSITION: (Verified 8/19/19)

None received

ASSEMBLY FLOOR: 74-0, 5/16/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Burke, Cooley, Friedman, Cristina Garcia, Ting

Prepared by: Brandon Darnell / ED. /

8/21/19 10:07:06

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2019-2020 Regular Session

Bill No: AB 1573 (Author:Holden)

Version: April 29, 2019

Hearing Date: July 2, 2019

Fiscal: Yes

Urgency: No

Consultant: TSG

SUBJECT

Collegiate athletes: Student Athlete Bill of Rights

DIGEST

This bill adds three provisions of law designed to support and protect the rights of student athletes at institutions of higher learning. Specifically, the bill: (1) authorizes schools to establish degree completion funds; (2) directs schools to develop, post, and disseminate specified information regarding existing student athlete rights; and (3) prohibits schools from retaliating against student athletes who report violations of student athletes’ rights.

EXECUTIVE SUMMARY

Student athletes often receive scholarships or other privileges, like meal and housing benefits, from the schools they attend. Such support plays multiple roles: it is a recruiting tool that schools use to attract top talent; it helps student athletes defray the cost of their educations; and it offers some recompense for devoting time and effort to competing athletically on behalf of the school. While financial and other support are ordinarily beneficial to student athletes, the possibility of losing them can sometimes cause problems. For one thing, student athletes may be particularly reticent to report violations of their legal rights for fear that, as a result, they will lose the support they have enjoyed. For another, student athletes who have relied on their student athlete status for financial assistance often find it difficult to complete their degree if their athletic participation comes to an end for some reason. This bill seeks to address these challenges by allowing schools to establish degree completion funds, building awareness of student rights through notice and signage requirements, and prohibiting schools from retaliating against student athletes who report violations of their legal rights.

The bill is author-sponsored. Support is from organized labor and student groups. There is no known opposition at this time. The bill passed out of the Senate Education Committee by a vote of 6-0.

PROPOSED CHANGES TO THE LAW

Existing federal law:

1. Provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. (Title IX of the federal Education Amendments of 1972; 20 U.S.C. § 1681 et seq.)
2. Requires colleges and universities that receive federal funding to disseminate a public annual security report to employees and students every first day in October. (Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998; 20 U.S.C. § 1092(f).)

Existing state law:

1. Establishes the Student Athlete Bill of Rights, which sets forth certain protections for student athletes at institutions that receive, on average, more than $10 million in annual income derived from media rights for intercollegiate athletics. (Ed. Code § 67450 et seq.)
2. Defines a “student athlete” as 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. (Ed. Code § 67451(f).)
3. Requires an institution of higher education to 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. (Ed. Code § 67452(c).)
4. Requires an athletic program to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program must adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program. (Ed. Code § 67453(b).)
5. Declares that the Legislature believes colleges should provide special sexual assault seminars for student athletes. (Ed. Code § 67390.)

This bill:

1. Allows institutions of higher education to establish degree completion funds.
2. Requires every institution of higher education to prepare a notice containing the following information:
3. a student athlete’s rights pursuant to Title IX of the federal Education Amendments of 1972; and
4. a student athlete’s reporting rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
5. Requires the notice of rights to identify the contact information through which a student athlete can file a complaint for a violation of any of the rights identified in the notice, including, but not necessarily limited to, the following:
6. the Office for Civil Rights, as well as appropriate Office for Civil Rights regional enforcement office;
7. the Office for Civil Rights Title IX enforcement; and,
8. the enforcement contact for the United States Department of Education Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
9. Requires every institution of higher education to post and keep posted the notice of rights in a conspicuous location in its athletic department frequented by student athletes, where it is easily accessible and readable during campus hours, including, but not necessarily limited to, athletic training facilities.
10. Requires every institution of higher education, at the beginning of every academic year, to provide every student athlete each of the following:
    1. a copy of the rights notice;
    2. a current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports-Related Concussion Best Practices; and,
    3. a copy of any written policies related to concussions or other sports medicine practices specific to the institution of higher education.
11. Defines retaliation as including, but not limited to:
    1. a reduction in or loss of any education benefits, including scholarships and stipends;
    2. a reduction in or loss of any meal benefits provided to a student athlete; or
    3. 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.
12. Prohibits institutions of higher education from intentionally retaliating 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 granted under any applicable statute, regulation, or policy.

COMMENTS

1. Evidence of the problem this bill is intended to address

In spite of laws designed to address it, campus-related sexual harassment and violence remains disturbingly prevalent. At the same time, despite laws intended to prevent corruption in college athletics, scandals have regularly come to light. The premise behind this bill is that, given the unique stature and privileges they enjoy, student athletes may be especially reluctant to come forward to report incidents of this nature. The author points to the following recent examples, as reported in the media, as evidence to support the need for this bill:

• In May 2018, University of California, Berkeley fired a long-time staff member in its athletic department after an investigation revealed that he had sexually harassed at least seven female student athletes over a 20-year period, and in some cases sexually assaulted the women as well. A UC Berkeley instructor had reportedly expressed concerns to the university after hearing stories from some of the student athletes themselves, but the instructor was apparently informed that nothing could be done unless the student athletes themselves came forward. Eventually, in January 2018, a former Cal basketball player – now an WNBA all-star – filed a lawsuit, triggering the investigation.^[1]
• In January of this year, a University of Southern California assistant basketball coach pled guilty in federal court to accepting bribes in exchange for steering players toward certain professional agents and financial advisors. The plea emanated from an Federal Bureau of Investigation sting operation that also netted assistant coaches at college programs at Oklahoma State and the University of Arizona. At the time, allegations were still pending regarding bribes taken for access to players at Kansas, Louisville, and North Carolina, as well. Employees of the Adidas athletic wear company were also implicated.^[2]

1. Laws designed to respond to epidemic of campus-related sexual harassment and violence

Existing law already requires educational institutions to take action both to prevent and address incidents of campus-related sexual harassment and violence. Two laws, in particular, are relevant to this bill.

Title IX of the federal Education Amendments of 1972 prohibits sex discrimination in all educational institutions that receive federal funding. (20 U.S.C. § 1681 et seq.) As incidents of sexual harassment and violence deny their victims equal access to educational programs and activities on the basis of sex, courts have found that educational institutions have a duty to try to prevent sexual harassment and violence from occurring in the first place and to promptly and effectively address any incidents which take place nonetheless. (Davis v. Monroe County Bd. of Educ. (1999) 526 U.S. 629.)

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 requires colleges and universities that receive federal funding to publicly disseminate an annual security report (ASR) to employees and students. (20 U.S.C. § 1092(f).) The ASR must include statistics of campus crime for the preceding three calendar years, plus details about efforts taken to improve campus safety. In addition, the ASR must contain policy statements regarding crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, as well as the prevention of and response to incidents of sexual assault, domestic or dating violence, and stalking.

Both Title IX and the Clery Act apply to all students, not just student athletes, but this bill focuses on ensuring that student athletes, in particular, are aware of their rights under these laws. It would require development, annual distribution, and conspicuous posting in the athletic department of a notice setting forth student athletes’ rights under both laws, including contact information for reporting violations.

3. Anti-retaliation provisions

In addition to its provisions designed to ensure that student athletes are aware of their existing rights under the law, this bill also proposes new protections for student athletes against retaliation in the event that they come forward to report legal violations.

In many instances, existing law already protects student athletes who report legal violations. For instance, public universities, as state actors, would probably be found to have violated state and federal constitutional free speech guarantees if they took adverse action against student athletes for reporting legal violations, as such a report constitutes speech. Similarly, the U.S. Supreme Court has ruled that Title IX prohibits retaliation against anyone coming forward to report incidents of campus-related discrimination, such as sexual harassment and sexual violence. (Jackson v. Birmingham Board of Education (2005) 544 U.S. 167.) There may be other scenarios, however, in which student athletes are not protected against adverse action when they come forward with allegations of illegal behavior. The intent behind this bill is to ensure student athletes feel safe coming forward anytime they have a good faith reason to make an allegation. As the author puts it: “There is also no explicit law against the type of retaliation athletes often and uniquely face.” This bill would create such a law.

It is worth noting that, in two respects, the anti-retaliation provisions in the bill fall short of those available in many other legal contexts. First, the scope of the protections are somewhat narrower than those found in employment discrimination law, for instance. The bill states that schools cannot retaliate against student athletes for making a complaint or for reporting a violation of the student athlete’s legal rights. The bill does not mention whether student athletes enjoy the same protections for anything broader than that. It is not clear, for example, whether the bill covers student athletes who cooperate in investigations, serve as witnesses for their fellow student athletes, or join in collective action to protest legal violations. By contrast, the anti-retaliation provisions in the Fair Employment and Housing Act make it an unlawful employment practice for an employer to retaliate against someone “because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.” (Gov. Code § 12940(h).) Assuming the author wishes student athletes to feel safe not just making an allegation themselves, but also assisting in investigations, testifying, and otherwise taking action to oppose illegal practices at the institutions they attend, the author may wish to consider expanding the language in the bill to more clearly cover such situations.

Second, while the bill makes it unlawful for schools to retaliate against student athletes for coming forward with allegations of wrongdoing, the bill does not provide for any specific remedies if the schools violate this prohibition. As previously noted, in many instances, existing law already protects student athletes against retaliation and at least some of those legal protections come with their own remedies. At public institutions, student athletes, like any other individual, could bring a civil action for infringement of their free speech rights under state and federal laws containing a private right of action for redress of such constitutional violations. (42 U.S.C. § 1983; Civ. Code § 52.1.) Similarly, the courts have found that Title IX contains an implied private right of action.

On the other hand, some other statutes cannot be so enforced. The Clery Act, for example, contains provisions strongly suggesting that individuals cannot bring lawsuits under that law. (20 U.S.C. § 1092(f)(14)(A).) Absent any explicit remedy in the bill, enforcement of its anti-retaliation protections for student athletes would presumably be limited to actions by the California Attorney General pursuant to that office’s powers. (Cal. Const., art. V, § 13; Gov. Code § 11180 et seq.)

One other point may be worth consideration in relation to the bill’s anti-retaliation provisions. The bill is clear that the protections only apply where there is a nexus between the adverse action taken and the student athlete’s attempt to report misconduct. Schools retain the right to take adverse action against a student for any other legitimate reason. Thus, for example, a student athlete who made allegations of corruption could still be disciplined for cheating on a test. In this regard, it may be especially important to highlight that, where a student athlete has been accused of sexual harassment or sexual violence, the anti-retaliation protections in this bill would not operate to prevent the school from establishing interim measures – such as asking the student athlete to change dorms or stick to a particular dining hall – in order to ensure that the party making the allegation is not denied equal access to educational opportunities and service. This is true even if the student athlete has made counter-allegations, because the purpose behind interim measures such as these is not to retaliate against the student athlete but to carry out the school’s obligations under Title IX. The same analysis would apply to more permanent discipline imposed on a student athlete in the wake of a finding that the student athlete was responsible for the alleged acts. To ensure that this point does not become a source of confusion, the author may wish to amend the bill to include language clarifying the matter.

1. Background on the bill’s authorization for degree completion funds

The final component of the bill authorizes institutions of higher education to establish a degree completion fund. As explained in greater detail by the Senate Education Committee in its analysis of this bill, schools may need to establish such funds in order to comply with recent National Collegiate Athletic Association (NCAA) mandates intended to ensure that certain student athletes have the financial support they need to complete their educations even if they stop competing athletically for any reason.

5. Proposed amendments

In order to address the issues set forth in the Comments, above, the author proposes to incorporate amendments into the bill that would:

• expand the scope of the anti-retaliation protections to include assisting in investigations of alleged violations, testifying, or otherwise taking action to oppose illegal practices; and
• clarify that the bill’s anti-retaliation protections do not preclude an institution of higher learning from taking interim measures or, upon a finding of responsibility, imposing disciplinary consequences against a student athlete that has been accused of sexual harassment or sexual violence.

A mock-up of the amendments in context is attached to this analysis.

6. Arguments in support of the bill

According to the author:

Student athletes are faced with tremendous challenges as they balance a demanding practice and game schedule with fulltime course work. These athletes are also expected to maintain a strict code of conduct dictated by more than just their coach or school, but by the NCAA. Even as these high expectations are maintained, the performance of athletes earns recognition or funding for the school, but athletes’ needs are not always paid attention to. The bill addresses long standing issues concerning the treatment of student athletes.

In support, the University of California Student Association writes:

This legislation requires colleges, universities, and college athletic organizations to provide college athletes protection for their physical, emotional, financial, and academic wellbeing. […]

This level of commitment is common among college athletes. Players comply in order to maintain scholarships or their eligibility to play, but do not have recourse to express serious complaints about their athletic programs without fear of retribution. Nor do they have the ability to effect change of NCAA regulations. […] [Athletes] have little recourse if they are being treated unfairly by a coach or the institution. […]

AB 1573 requires the NCAA and schools to treat students with the respect they deserve and make sure every athlete has the same advantages as all other students.

SUPPORT

California Labor Federation, AFL-CIO

California State University

University of California Student Association

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation:

SB 206 (Skinner, 2019), the Fair Pay to Play Act, authorizes, among other things, the compensation of a student participating in intercollegiate athletics in exchange for use of the student’s name, image, or likeness. It would also allow student athletes to obtain representation, under specified rules, in relation to such compensation. The bill would become operative on January 1, 2023. SB 206 is currently pending consideration before the Assembly Arts, Entertainment, Sports, Tourism, and Internet Media Committee.

AB 1518 (Chu, 2019) authorizes a student athlete to enter into a contract with an athlete agent without losing their status as a student athlete, if the contract complies with the policy of the student athlete’s educational institution and the bylaws of the NCAA. The bill would authorize student athletes to obtain some compensation under specified rules. AB 1518 is currently pending consideration before the Senate Education Committee.

Prior Legislation:

AB 2747 (Holden, 2018) would have: (1) authorized college athletes to self-organize, as specified; (2) required campuses to establish a process by which the complaints of student athletes may be reported and investigated, as specified; (3) prohibited a student athlete from being penalized for receiving gifts or income, as specified; and (4) established and defined collegiate mandated reporters, as specified. AB 2747 died in the Senate Appropriations Committee.

AB 2220 (Bonta, 2017) would have expanded the Student Athlete Bill of Rights (SABR) from four universities to all intercollegiate athletic programs that provide athletic scholarships, as defined, and would have removed the limitation in existing law for funding of SABR provisions to media rights revenues derived from the university athletic department. It would further have provided a private right of action, as specified, to college athletes who claim to have had any rights established under the SABR violated by an institution of higher education. AB 2220 died in the Senate Appropriations Committee.

AB 1435 (Gonzalez-Fletcher, 2017) would have established the College Athlete Protection Act under the administration of the College Athlete Protection Commission, which would be established by the bill, for the protection of college or university athletes participating in intercollegiate athletic programs offered by institutions of higher education located in California. AB 1435 died in the Senate Education Committee.

SB 1575 (Padilla, Ch. 625, Stats. 2012) established the SABR, required public and private four-year universities that do not renew a student's athletic scholarship to provide an equivalent scholarship to that student, required an athletic program to be responsible for medical expenses of its student athletes resulting from their participation in the athletic program, and established a trust fund to which institutions of higher education that receive at least $10 million in annual revenue from media rights for intercollegiate athletics contribute.

PRIOR VOTES:

Senate Education Committee (Ayes 6, Noes 0)

Assembly Floor (Ayes 74, Noes 0)

Assembly Appropriations Committee (Ayes 18, Noes 0)

Assembly Higher Education Committee (Ayes 11, Noes 0)

Assembly Arts, Entertainment, Sports, Tourism, and Internet Media Committee (Ayes 7, Noes 0)

**************

Amended Mock-up for 2019-2020 AB-1573 (Holden (A))

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). 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.

1. Almond, Cal Athletic Department Employee Fired After Report Verifies Sex Assault Allegations (May 18, 2018) San Jose Mercury News https://www.mercurynews.com/2018/05/17/claims-of-sexual-abuse-from-former-cal-student-athletes-substantiated/ (as of Jun. 22, 2019). ↑

2. Fenno, Former USC Assistant Coach Tony Bland Pleads Guilty in College Basketball Bribery Case (Jan. 2, 2019) Los Angeles Times https://www.latimes.com/sports/sportsnow/la-sp-tony-bland-guilty-20190102-story.html (as of Jun. 22, 2019). ↑

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: Hearing Date: June 19, 2019

Subject: .

NOTE: This bill has been referred to the Committees on Education and Judiciary. A "do pass" motion should include referral to the Committee on Judiciary.

SUMMARY

This bill, within the Student Athlete Bill of Rights, (1) requires institutions of higher education to provide student athletes with specified information, including information detailing certain rights, (2) authorizes institutions of higher education to establish a degree completion fund, and (3) prohibits institutions of higher education from intentionally retaliating against a student athlete.

BACKGROUND

Existing federal law:

1) Provides at Title IX of the Education Amendments of 1972 (Title IX) that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. (20 U.S.C. Sec. 1681 et seq.)

2) Requires in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 ("Clery Act"), that colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1^st. (20 U.S.C. § 1092(f))

Existing state law:

1) Establishes the Student Athlete Bill of Rights, which establishes certain protections for student athletes at institutions that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics. (Education Code § 67450 et seq.)

2) Defines a “student athlete” as 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. (EC § 67451(f)

3) Requires an institution of higher education to 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. (EC § 67452(c))

4) Requires an athletic program to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program must adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program. (EC § 67453(b))

5) Declares that the legislature believes colleges should provide special sexual assault seminars for student athletes. (EC § 67390)

ANALYSIS

This bill, within the Student Athlete Bill of Rights, (1) requires institutions of higher education to provide student athletes with specified information, including information detailing certain rights, (2) authorizes institutions of higher education to establish a degree completion fund, and (3) prohibits institutions of higher education from intentionally retaliating against a student athlete. Specifically, this bill:

1. Authorizes institutions of higher education to establish degree completion funds, 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.
2. Requires every institution of higher education to prepare a notice containing pertinent data regarding the following information:
3. A student athlete’s rights pursuant to Title IX of the federal Education Amendments of 1972. (20 U.S.C. Sec. 1681 et seq.)
4. 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))
5. Requires the notice of rights to identify the contact information through which a student athlete can 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:
6. The Office for Civil Rights, as well as appropriate Office for Civil Rights regional enforcement office.
7. The Office for Civil Rights Title IX enforcement.
8. The enforcement contact for the United States Department of Education Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
9. Requires every institution of higher education to post and keep posted the notice of rights in a conspicuous location in its athletic department frequented by student athletes, where it is easily accessible and readable during campus hours, including, but not necessarily limited to, athletic training facilities.
10. Requires every institution of higher education, at the beginning of every academic year, to provide every student athlete each of the following:
11. A copy of the rights notice.
12. A current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports-Related Concussion Best Practices.
13. A copy of any written policies related to concussions or other sports medicine practices specific to the institution of higher education.
14. Prohibits institutions of higher education from intentionally retaliating 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 granted under any applicable statute, regulation, or policy.
15. For purposes of this section, contains the following definitions:
    1. “Office for Civil Rights” means the Office for Civil Rights within the United States Department of Education.
    2. “Retaliation” includes but is not limited to any of the following:
       1. A reduction in or loss of any education benefits, including scholarships and stipends.
       2. A reduction in or loss of any meal benefits provided to a student athlete.
       3. 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.

STAFF COMMENTS

1. Need for the bill. According to the author, “the bill addresses long standing issues concerning the treatment of student athletes. Student athletes are faced with tremendous challenges as they balance a demanding practice and game schedule with fulltime course work. These athletes are also expected to maintain a strict code of conduct dictated by more than just their coach or school, but by the NCAA. Even as these high expectations are maintained, the performance of athletes earns recognition or funding for the school, but athletes’ needs are not always paid attention to. For example, there are reports of physical abuse, most notably at Michigan State, where students were uncomfortable speaking about the violations or did not have the violation adequately addressed. Many athletes are also prohibited from having jobs so they have limited resources to cover their everyday needs. For many athletes at Division one schools, a violation of NCAA bylaws means they not only lose their place on the team, but they lose their scholarship and access to an education. The current college athletics system creates a world where students assume all of the risk—physically, emotionally, financially, and academically—but colleges and the NCAA receive almost all the reward.

Current law includes the Student Athlete Bill of Rights however there has been evidence that students are not clear of their rights under this law or other options when faced with abuse or unethical treatment. There is also no explicit law against the type of retaliation athletes often and uniquely face. Students should be protected in all areas but because participation in athletics can often include a scholarship or a condition of admission, student athletes are financially vulnerable as well as academically.”

1. The Student Athlete’s Bill of Rights (SABR). The protections for California student athletes contained in the SABR are limited to universities that receive, on average, at least $10 million in annual income from media rights for intercollegiate athletics. Based on annual revenues from media rights, the Student Athlete Bill of Rights currently only applies to four institutions of higher education: the University of California (UC) at Berkeley and Los Angeles, Stanford University, and the University of Southern California.

The SABR requires an intercollegiate athletic program at any campus of the UC, California State University, or private four-year university in California to provide to students whose athletic scholarship is not renewed, an equivalent scholarship (when combined with the total duration of any previous athletic or other scholarship received by the student) for a total of at least five years or until the student completes his or her undergraduate degree, whichever period is shorter. The law also requires athletic programs to promptly approve a qualifying student athlete's written request to transfer to another institution without actively or passively imposing any restrictions or condition. Implementation must include granting other institutions permission to contact the student athlete and waiving residency requirements, as permitted by athletic association rules.

The SABR also requires an athletic program to be responsible for any and all medical expenses of its student athletes resulting from their participation in the athletic program, irrespective of whether the student athlete is still in school, has graduated or is no longer enrolled in the school, so long as the medical expenses result from the student athlete's participation in the athletic program, and to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration, and exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program.

Colleges must also 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 actions involving his or her participation in the athletic program.

1. Title IX. Title IX prohibits sex discrimination in all educational institutions that receive federal funding. This applies to all aspects of education and types of sex discrimination including athletics, sexual harassment and assault, harassment based on gender identity, science and math education, and facilities and course offerings.
2. The Clery Act. The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st. This ASR must include statistics of campus crime for the preceding three calendar years, plus details about efforts taken to improve campus safety.
3. NCAA bylaw changes. This bill authorizes an institution 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 of which the institution is a member. The NCAA adopted a new bylaw (3.2.4.22) on August 8, 2018, which takes effect on August 1, 2019, and provides that “an active member institution shall provide a former basketball student-athlete with financial aid to complete his or her first baccalaureate degree.” NCAA bylaw 15.01.5.2.1 implements that requirement and further provides that “an institution that provides athletically related financial aid to basketball student-athletes shall provide, at a minimum, tuition and fees, and course-related books to a former basketball student-athlete who requests financial aid to complete his or her first baccalaureate degree, provided:

a) The former student-athlete received athletically related financial aid while previously enrolled at the institution;

b) Fewer than 10 years have elapsed since the former student-athlete's departure from the institution;

c) The former student-athlete's most recent enrollment as a full-time student occurred at the institution;

d) The former student-athlete was previously enrolled as a full-time student at the institution for a minimum of two academic years (four semesters or six quarters);

e) The former student-athlete meets all institutional admissions and financial aid requirements;

f) The former student-athlete has exhausted other available degree completion funding options (e.g., funds from a professional league or contract); and

g) The former student-athlete is in good academic standing at the institution and meets NCAA and institutional progress-toward-degree requirements. This requirement applies to initial and continuing eligibility for degree completion funds.”

This bill enables institutions to fulfill this requirement.

1. These provisions are not subject to the $10,000,000 media rights trigger. As indicated above, provisions within the Student Athlete Bill of Rights limit its applicability to only those California institutions that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics. Currently, only the University of California (UC) at Berkeley and Los Angeles, Stanford University, and the University of Southern California meet that revenue threshold. However, the provisions proposed by this bill do not include the same revenue trigger, and accordingly, they would be applicable to any campus of the UC or the California State University, or any four-year private university located in California that maintains an intercollegiate athletic program.
2. Related and previous legislation. SB 206 (Skinner, 2019), (1) allows student-athletes at colleges and universities to receive athletic endorsements, but prohibits colleges and universities from providing athletic endorsements to prospective student athletes; (2) allows student athletes to obtain professional representation; (3) prohibits the revocation of a student-athlete’s scholarship as a consequence of receiving endorsements, or as a consequence of obtaining legal representation as authorized under these provisions; (4) prohibits any group with authority over intercollegiate athletics from preventing a postsecondary educational institution from participating in intercollegiate athletics as a consequence of that institution allowing its student-athletes to receive athletic endorsements; and (5) takes effect in January 2023. SB 206 is pending in the Assembly Arts, Entertainment, Sports, Tourism and Internet Media Committee.

AB 1518 (Chu, 2019) authorizes an athlete agent to offer or provide money or any other thing of benefit or value to a student athlete if it is authorized by, and is in compliance with, an official written policy of the student athlete’s school and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association. AB 1518 is pending in this committee.

AB 2747 (Holden, of the 2017-18 Legislative Session) would have authorized college athletes to self-organize, as specified, required campuses to establish a process by which the complaints of student athletes may be reported and investigated, as specified, prohibited a student athlete from being penalized for receiving gifts or income, as specified, and established and defined collegiate mandated reporters, as specified. The bill was held in Senate Appropriations Committee.

AB 2220 (Bonta, of the 2017-18 Legislative Session) would have expanded applicability of the SABR from four universities to all intercollegiate athletic programs that provide athletic scholarships, as defined, and would have removed the limitation in existing law for funding of SABR provisions to media rights revenues derived from the university athletic department. It would further have provided a private right of action, as specified, to college athletes who claim to have had any rights established under the Student Athlete Bill of Rights (SABR) violated by an institution of higher education, including any of its personnel. The bill was held in the Senate Appropriations Committee.

AB 1435 (Gonzalez Fletcher, of the 2017-18 Legislative Session) would have established the College Athlete Protection Act under the administration of the College Athlete Protection Commission, which would be established by the bill, for the protection of college or university athletes participating in intercollegiate athletic programs offered by institutions of higher education located in California. The bill was held in the Senate Education Committee.

SUPPORT

California Labor Federation

California State University

University of California Student Association

OPPOSITION

None received

-- END --

Date of Hearing: May 8, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1573

Author:(Holden) – As Amended Ver:April 29, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill adds to the Student Athlete Bill of Rights (SABR) provisions by authorizing institutions of higher education to establish a degree completion fund for student athletes, requiring institutions prepare notices related to the rights of student athletes and adding provisions prohibiting institutions from intentionally retaliating against a student athlete.

FISCAL EFFECT:

Minor and absorbable costs to the University of California and California State University.

COMMENTS:

1. Purpose. According to the author:

There has been evidence that [student athletes] are not clear of their rights under [SARB] or other options when faced with abuse or unethical treatment. There is also no explicit law against the type of retaliation athletes often and uniquely face. Students should be protected in all arenas but because participation in athletics can often include a scholarship or a condition of admission, student athletes are financially vulnerable as well as academically.

AB 1573 creates another layer of protection by prohibiting retaliation by college athletic programs, in a number of ways, for making a complaint in good faith. It also takes additional steps to inform students of their options to make complaints. The bill also allows schools to create a fund for college athletes that can be used during college or after graduation. The rules and amount of funds are left up to the schools.

1. Background. Current law defines a “student athlete” as any college student who participates in an intercollegiate athletic program of an institution of higher education. Current law also establishes the SABR, which provides certain protections for student athletes at institutions of higher education.
2. Prior Legislation. SB 1575 (Padilla), Chapter 625, Statutes of 2012, established the SABR, which requires public and private four-year universities that do not renew a student's athletic scholarship to provide an equivalent scholarship to that student, requires an athletic program to be responsible for medical expenses of its student athletes resulting from their participation in the athletic program and establishes a trust fund into which institutions of higher education that receive at least $10 million in annual revenue from media rights for intercollegiate athletics contribute funds.

AB 2747 (Holden), of the 2017-18 Legislative Session, would have authorized college athletes to self-organize, as specified, required campuses to establish a process by which the complaints of student athletes may be reported and investigated, as specified, prohibited a student athlete from being penalized for receiving gifts or income, as specified, and established and defined collegiate mandated reporters, as specified. The bill was held in Senate Appropriations Committee.

AB 2220 (Bonta), of the 2017-18 Legislative Session, would have expanded applicability of the Student Athlete Bill of Rights (SABR) from four universities to all intercollegiate athletic programs that provide athletic scholarships, as defined, and would have removed the limitation in existing law for funding of SABR provisions to media rights revenues derived from the university athletic department. It would further have provided a private right of action, as specified, to college athletes who claim to have had any rights established under the SABR violated by an institution of higher education, including any of its personnel. The bill was held in the Senate Appropriations Committee.

AB 1435 (Gonzalez Fletcher), of the 2017-18 Legislative Session, would have established the College Athlete Protection Act under the administration of the College Athlete Protection Commission, which would be established by the bill, for the protection of college or university athletes participating in intercollegiate athletic programs offered by institutions of higher education located in California. The bill was held in the Senate Education Committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 23, 2019

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 1573 (

Author:Holden) – As Amended Ver:April 8, 2019

SUBJECT: Collegiate athletes: Student Athlete Bill of Rights

SUMMARY: Adds to the Student Athlete Bill of Rights (SABR) provisions authorizing institutions of higher education to establish a degree completion fund, prepare notices containing pertinent data relating to the rights of students, as specified, and provisions prohibiting institutions of higher education from intentionally retaliating, as defined, against a student athlete as provided. Specifically, this bill:

1. Allows institutions of higher education to establish degree completion funds.
2. Requires every institution of higher education to 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 United States Code (USC) Section 1681 et seq.); and,
   2. A student athlete’s reporting rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC Section 1092(f)).
3. Requires the notice of rights to identify the contact information through which a student athlete can 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 Office for Civil Rights, as well as appropriate Office for Civil Rights regional enforcement office;
   2. The Office for Civil Rights Title IX enforcement; and,
   3. The enforcement contact for the United States Department of Education Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
4. Requires every institution of higher education to post and keep posted the notice of rights in a conspicuous location in its athletic department frequented by student athletes, where it is easily accessible and readable during campus hours, including, but not necessarily limited to, athletic training facilities.
5. Requires every institution of higher education, at the beginning of every academic year, to provide every student athlete each of the following:
   1. A copy of the rights notice;
   2. A current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports-Related Concussion Best Practices; and,
   3. A copy of any written policies related to concussions or other sports medicine practices specific to the institution of higher education.
6. Prohibits institutions of higher education from intentionally retaliating 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 granted under any applicable statute, regulation, or policy.
7. For purposes of this section, contains the following definitions:
   1. “Office for Civil Rights” means the Office for Civil Rights within the United States Department of Education; and,
   2. “Retaliation” includes but is not limited to any of the following:
      1. A reduction in or loss of any education benefits, including scholarships and stipends.
      2. A reduction in or loss of any meal benefits provided to a student athlete.
      3. 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.

EXISTING LAW:

1. Provides in Title IX of the Education Amendments of 1972 (Title IX) that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Title IX of the federal Education Amendments of 1972 (20 U.S.C Section 1681 et seq.).
2. Requires in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 ("Clery Act"), that colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st (20 U.S.C. Section 1092(f)).
3. Establishes the Student Athlete Bill of Rights, which establishes certain protections for student athletes at institutions that receive, on average, more than $10 million in annual income derived from media rights for intercollegiate athletics. (Education Code (EDC) Section 67450 et seq.)
4. Defines a “student athlete” as 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. (EDC Section 67451(f))
5. Requires an institution of higher education to 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. (EDC Section 67452(c))
6. Requires an athletic program to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program must adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program. (EDC Section 67453(b))
7. Declares that the legislature believes colleges should provide special sexual assault seminars for student athletes. (EDC Section 67390)

FISCAL EFFECT: Unknown.

COMMENTS: Need for the bill. According to the author, “The bill addresses long standing issues concerning the treatment of student athletes who are faced with tremendous challenges as they balance a demanding practice and game schedule with fulltime course work. These athletes are also expected to maintain a strict code of conduct dictated by more than just their coach or school, but by the NCAA. Even as these high expectations are maintained, the performance of athletes earns recognition or funding for the school, but athletes’ needs are not always paid attention to. For example, there are reports of physical abuse, most notably at Michigan State, where students were uncomfortable speaking about the violations or did not have the violation adequately addressed. … the Larry Nassar case showed there is a deficiency in the system where responsible adults obligated to report abuse under the current Title IX and Clery Act requirements failed to report the crime effectively and the Title IX office failed to properly investigate it or report it.

“Current law includes the SABR which is a good start (but which only applies to 4 Universities), however there has been evidence that students are not clear of their rights under this law or other options when faced with abuse or unethical treatment. There is also no explicit law against the type of retaliation athletes often and uniquely face. Students should be protected in all arenas but because participation in athletics can often include a scholarship or a condition of admission, student athletes are financially vulnerable as well as academically.

“AB 1573 creates another layer of protection by prohibiting retaliation by college athletic programs, in a number of ways, for making a complaint in good faith. It also takes additional steps to inform students of their options to make complaints. The bill also allows schools to create a fund for college athletes that can be used during college or after graduation. The rules and amount of funds are left up to the schools.”

The Student Athlete’s Bill of Rights. The protections for California student athletes contained in the SABR are limited to universities that receive, on average, at least $10 million in annual income from media rights for intercollegiate athletics. Based on annual revenues from media rights, the Student Athlete Bill of Rights currently only applies to four institutions of higher education: the University of California at Berkeley and Los Angeles, Stanford University, and the University of Southern California.

The SABR requires an intercollegiate athletic program at any campus of the University of California, California State University, or private four-year university in California to provide to students whose athletic scholarship is not renewed, an equivalent scholarship (when combined with the total duration of any previous athletic or other scholarship received by the student) for a total of at least five years or until the student completes his or her undergraduate degree, whichever period is shorter. The law also requires athletic programs to promptly approve a qualifying student athlete's written request to transfer to another institution without actively or passively imposing any restrictions or condition. Implementation must include granting other institutions permission to contact the student athlete and waiving residency requirements, as permitted by athletic association rules.

The SABR also requires an athletic program to be responsible for any and all medical expenses of its student athletes resulting from their participation in the athletic program, irrespective of whether the student athlete is still in school, has graduated or is no longer enrolled in the school, so long as the medical expenses result from the student athlete's participation in the athletic program, and to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration, and exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program.

Colleges must also 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 actions involving his or her participation in the athletic program.

Title IX. Title IX prohibits sex discrimination in all educational institutions that receive federal funding. This applies to all aspects of education and types of sex discrimination including athletics, sexual harassment and assault, harassment based on gender identity, science and math education, and facilities and course offerings.

The Clery Act. The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st. This ASR must include statistics of campus crime for the preceding three calendar years, plus details about efforts taken to improve campus safety.

ASRs must also include policy statements regarding (but not limited to) crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, and the prevention of/response to sexual assault, domestic or dating violence, and stalking.

Committee Comments. Committee staff recommends, and the author has accepted, technical amendments to Section 67452.3 to clarify that, “An institution of higher education may establish a degree completion fund, in accordance with rules and bylaws of any applicable governing body.”

Double referral. AB 1573 was heard on April 10, 2019 in the Assembly Committee on Arts, Entertainment, Sports, Tourism, & Internet Media, where it passed out with unanimous support.

Prior legislation. AB 2747 (Holden, 2018) would have authorized college athletes to self-organize, as specified, required campuses to establish a process by which the complaints of student athletes may be reported and investigated, as specified, prohibited a student athlete from being penalized for receiving gifts or income, as specified, and established and defined collegiate mandated reporters, as specified. AB 2747 was held in Senate Appropriations Committee.

AB 2220 (Bonta, 2017) would have expanded the Student Athlete Bill of Rights (SABR) from four universities to all intercollegiate athletic programs that provide athletic scholarships, as defined, and would have removed the limitation in existing law for funding of SABR provisions to media rights revenues derived from the university athletic department. It would further have provided a private right of action, as specified, to college athletes who claim to have had any rights established under the SABR violated by an institution of higher education, including any of its personnel, as defined, and changed references from "student athlete" to "college athlete." AB 2220 was held in the Senate Appropriations Committee.

AB 1435 (Gonzalez-Fletcher, 2017) would have established the College Athlete Protection Act under the administration of the College Athlete Protection Commission, which would be established by the bill, for the protection of college or university athletes participating in intercollegiate athletic programs offered by institutions of higher education located in California. AB 1435 was held in the Senate Education Committee.

SB 1575 (Padilla), Chapter 625, Statutes of 2012 established the SABR, required public and private four-year universities that do not renew a student's athletic scholarship to provide an equivalent scholarship to that student, required an athletic program to be responsible for medical expenses of its student athletes resulting from their participation in the athletic program, and establishing a trust fund into which institutions of higher education that receive at least $10 million in annual revenue from media rights for intercollegiate athletics contribute funds.

AB 365 (Roybal-Allard), Chapter 1068, Statutes of 1991, added provisions to the Donahoe Higher Education Act requiring the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, and the Regents of the University of California to adopt and implement a rape and sexual assault education program for, and ensure maximum feasible participation of, students and student services professional staff members or student affairs professional staff members at each of their respective campuses or other facilities.

REGISTERED SUPPORT / OPPOSITION:

Support

California Labor Federation, AFL-CIO
Inland Empire Labor Council, AFL-CIO

Opposition

None on file.

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960

Date of Hearing: April 10, 2019

ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA

Kansen Chu, Chair

ABPCA Bill Id:AB 1573 (

Author:Holden) – As Amended Ver:April 8, 2019

SUBJECT: Collegiate athletes: Student Athlete Bill of Rights.

SUMMARY: This bill would add to the Student Athlete Bill of Rights (SABR) provisions authorizing institutions of higher education to establish a degree completion fund, prepare notices containing pertinent data relating to the rights of students, as specified, and provisions prohibiting institutions of higher education from intentionally retaliating, as defined, against a student athlete as provided.

Specifically, this bill:

1. Allows institutions of higher education to establish degree completion funds.
2. Requires every institution of higher education to prepare a notice containing pertinent data regarding the following information:
3. A student athlete’s rights pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
4. 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)).
5. Requires the notice of rights to identify the contact information through which a student athlete can 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:
6. The Office for Civil Rights, as well as appropriate Office for Civil Rights regional enforcement office.
7. The Office for Civil Rights Title IX enforcement.
8. The enforcement contact for the United States Department of Education Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
9. Requires every institution of higher education to post and keep posted the notice of rights in a conspicuous location in its athletic department frequented by student athletes, where it is easily accessible and readable during campus hours, including, but not necessarily limited to, athletic training facilities.
10. Requires every institution of higher education, at the beginning of every academic year, to provide every student athlete each of the following:
11. A copy of the rights notice.
12. A current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports-Related Concussion Best Practices.
13. A copy of any written policies related to concussions or other sports medicine practices specific to the institution of higher education.
14. Prohibits institutions of higher education from intentionally retaliating 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 granted under any applicable statute, regulation, or policy.
15. For purposes of this section, contains the following definitions:
    1. “Office for Civil Rights” means the Office for Civil Rights within the United States Department of Education.
    2. “Retaliation” includes but is not limited to any of the following:
       1. A reduction in or loss of any education benefits, including scholarships and stipends.
       2. A reduction in or loss of any meal benefits provided to a student athlete.
       3. 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.

EXISTING FEDERAL LAW:

1. Provides at Title IX of the Education Amendments of 1972 (Title IX) that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
2. Requires in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 ("Clery Act"), that colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1^st (20 U.S.C. § 1092(f)).

EXISTING STATE LAW:

1. Establishes the Student Athlete Bill of Rights, which establishes certain protections for student athletes at institutions that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics. (Ed. Code Sec. 67450 et seq.)
2. Defines a “student athlete” as 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. (Ed. Code Sec. 67451(f).)
3. Requires an institution of higher education to 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. (Ed. Code Sec. 67452(c).)
4. Requires an athletic program to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program must adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program. (Ed. Code Sec. 67453(b).)
5. Declares that the legislature believes colleges should provide special sexual assault seminars for student athletes. (Education Code § 67390)

FISCAL EFFECT: Unknown. This measure has been keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Author's statement of need for legislation: to better inform students of their rights. According to the author, “The bill addresses long standing issues concerning the treatment of student athletes who are faced with tremendous challenges as they balance a demanding practice and game schedule with fulltime course work. These athletes are also expected to maintain a strict code of conduct dictated by more than just their coach or school, but by the NCAA. Even as these high expectations are maintained, the performance of athletes earns recognition or funding for the school, but athletes’ needs are not always paid attention to. For example, there are reports of physical abuse, most notably at Michigan State, where students were uncomfortable speaking about the violations or did not have the violation adequately addressed. … the Larry Nassar case showed there is a deficiency in the system where responsible adults obligated to report abuse under the current Title IX and Clery Act requirements failed to report the crime effectively and the Title IX office failed to properly investigate it or report it.

“Current law includes the Student Athlete Bill of Rights which is a good start (but which only applies to 4 Universities), however there has been evidence that students are not clear of their rights under this law or other options when faced with abuse or unethical treatment. There is also no explicit law against the type of retaliation athletes often and uniquely face. Students should be protected in all arenas but because participation in athletics can often include a scholarship or a condition of admission, student athletes are financially vulnerable as well as academically.

“AB 1573 creates another layer of protection by prohibiting retaliation by college athletic programs, in a number of ways, for making a complaint in good faith. It also takes additional steps to inform students of their options to make complaints. The bill also allows schools to create a fund for college athletes that can be used during college or after graduation. The rules and amount of funds are left up to the schools.”

1. Background:
   1. The Student Athlete’s Bill of Rights (SABR). The protections for California student athletes contained in the SABR are limited to universities that receive, as an average, at least $10 million in annual income from media rights for intercollegiate athletics. Based on annual revenues from media rights, the Student Athlete Bill of Rights currently only applies to four institutions of higher education: the University of California at Berkeley and Los Angeles, Stanford University, and the University of Southern California.

The (SABR) requires an intercollegiate athletic program at any campus of the University of California, California State University, or private four-year university in California to provide to students whose athletic scholarship is not renewed, an equivalent scholarship (when combined with the total duration of any previous athletic or other scholarship received by the student) for a total of at least five years or until the student completes his or her undergraduate degree, whichever period is shorter. The law also requires athletic programs to promptly approve a qualifying student athlete's written request to transfer to another institution without actively or passively imposing any restrictions or condition. Implementation must include granting other institutions permission to contact the student athlete and waiving residency requirements, as permitted by athletic association rules.

The SABR also requires an athletic program to be responsible for any and all medical expenses of its student athletes resulting from their participation in the athletic program, irrespective of whether the student athlete is still in school, has graduated or no longer enrolled in the school so long as the medical expenses result from the student athlete's participation in the athletic program, and to adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration, and exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program.

Colleges must also 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 actions involving his or her participation in the athletic program.

• 1. Title IX. Title IX prohibits sex discrimination in all educational institutions that receive federal funding. This applies to all aspects of education and types of sex discrimination including athletics, sexual harassment and assault, harassment based on gender identity, science and math education, and facilities and course offerings.
  2. The Clery Act. The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st. This ASR must include statistics of campus crime for the preceding 3 calendar years, plus details about efforts taken to improve campus safety.

ASRs must also include policy statements regarding (but not limited to) crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, and the prevention of/response to sexual assault, domestic or dating violence, and stalking.

1. Double-referral. Should this bill pass out of this committee, it will be re-referred to the Assembly Committee on Higher Education.
2. Prior and Related legislation:
   1. AB 2747 (Holden), legislation of 2018, would have authorized college athletes to self-organize, as specified. Requires campuses to establish a process by which the complaints of student athletes may be reported and investigated, as specified. Prohibits a student athlete from being penalized for receiving gifts or income, as specified. Establishes and defines collegiate mandated reporters, as specified. (Status: Held in Senate Appropriations Committee.)
   2. AB 2220 (Bonta), of 2017, would have expanded the Student Athlete Bill of Rights (SABR) from four universities to all intercollegiate athletic programs that provide athletic scholarships, as defined, and would have removed the limitation in existing law for funding of SABR provisions to media rights revenues derived from the university athletic department. It would further have provided a private right of action, as specified, to college athletes who claim to have had any rights established under the SABR violated by an institution of higher education, including any of its personnel, as defined, and changed references from "student athlete" to "college athlete." (Status: Held in Senate Appropriations Committee.)
   3. AB 1435 (Gonzalez-Fletcher), of 2017, would have established the College Athlete Protection Act under the administration of the College Athlete Protection Commission, which would be established by the bill, for the protection of college or university athletes participating in intercollegiate athletic programs offered by institutions of higher education located in California. (Status: Held in the Senate Education Committee.)
   4. SB 1575 (Padilla), Chapter 625, Statutes of 2012 established the Student Athlete Bill of Rights, requiring public and private four-year universities that do not renew a student's athletic scholarship to provide an equivalent scholarship to that student, requiring an athletic program to be responsible for medical expenses of its student athletes resulting from their participation in the athletic program, and establishing a trust fund into which institutions of higher education that receive at least $10 million in annual revenue from media rights for intercollegiate athletics contribute funds.
   5. AB 365 (Roybal-Allard), Chapter 1068, Statutes of 1991 added provisions to the Donahoe Higher Education Act requiring the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, and the Regents of the University of California to adopt and implement a rape and sexual assault education program for, and ensure maximum feasible participation of, students and student services professional staff members or student affairs professional staff members at each of their respective campuses or other facilities.

REGISTERED SUPPORT / OPPOSITION:

Support

There is no support on file.

Opposition

There is no opposition on file

Analysis Prepared by: Dana Mitchell/Mary Corr-Barberis/A.,E.,S.,T., & I.M. / (916) 319-3450