BILL ANALYSIS �
SB 1525
Page 1
Date of Hearing: June 27, 2012
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Nora Campos, Chair
SB 1525 (Padilla) - As Amended: May 29, 2012
AS PROPOSED TO BE AMENDED IN COMMITTEE
SENATE VOTE : 22-14
SUBJECT : Student-Athlete Bill of Rights
SUMMARY : This bill enacts the Student Athlete Bill of Rights
(SABR), which would apply to intercollegiate athletic programs
at universities in the state that receive an average of $10
million or more in revenue derived from media rights for
intercollegiate athletics. The SABR requires that qualifying
universities that do not renew the athletic scholarship of a
student who has suffered an injury resulting from his or her
participation or for a non-disciplinary reason, provide an
equivalent scholarship, as specified. It requires that each
qualifying athletic program conduct a financial and life skills
workshop for first and third-year athletes, as specified. The
SABR further requires that the university approve all student
athletes' transfer requests and must continue to pay specified
medical expenses for a student athlete who was injured. This
bill provides that the institutions to which this bill applies
shall rely exclusively on income derived from media rights for
intercollegiate athletics to defray the costs of this bill.
Specifically, this bill :
1)Requires that if an athletic program does not renew an
athletic scholarship of a student athlete who suffers an
incapacitating injury or illness resulting from his or her
participation in the athletic program, as specified, the
institution of higher education shall provide an equivalent
scholarship for up to five academic years or until the student
athlete completes his or her undergraduate degree, whichever
period is shorter.
2)Further provides that an athletic program shall provide an
equivalent scholarship to a student-athlete who was on an
SB 1525
Page 2
athletic scholarship and is in good standing, but has
exhausted his or her athletic eligibility, for up to one year
or until the student-athlete completes his or her primary
undergraduate degree, whichever is shorter.
3)Allows an exemption from the equivalent scholarship
requirement for non-injured student athletes if an athletic
program has a graduation success rate above 60 percent, as
specified.
4)Requires that an institution of higher education grant a
student athlete the same rights as other students with regard
to possible adverse or disciplinary actions, including actions
involving athletically-related financial aid.
5)Declares that an athletic program shall respond within seven
business days with an answer to a student athlete's written
request to transfer to another institution of higher
education.
6)Requires that, unless a student athlete declines the payment
of premiums, an athletic program shall be responsible for
paying the medical insurance premiums of each of its
student-athletes whose household income would qualify them for
Cal Grant A, and covering claims resulting from their
participation in the athletic program.
7)Requires that an athletic program shall be responsible for
paying either the medical bills or the insurance - including
deductible - applicable to the claim of any student athlete
who suffers an injury resulting from his or her participation
in the athletic program for a minimum of 2 years from the
student-athlete's graduation or separation from the
institution of higher education. Excludes pre-existing
conditions from this requirement.
8)Requires an athletic program adopt and implement guidelines to
prevent, assess, and treat sports-related concussions and
dehydration. It also requires a program to adopt and
implement exercise and supervision guidelines for any student
athlete identified with potentially life-threatening health
conditions.
9)Excludes any institution of higher education that receives
less than $10 million in annual income derived from media
SB 1525
Page 3
rights for intercollegiate athletics, as specified, from its
provisions.
10)Provides that an institution of higher education to which
this section applies shall rely exclusively on revenue derived
from media rights for intercollegiate athletics to defray any
costs of compliance with its provisions.
11)Makes numerous legislative findings and declarations.
EXISTING LAW :
Requires California postsecondary educational institutions that
offer athletic scholarships to provide specific information on
its website, such as the National Collegiate Athletic
Association (NCAA) policy on scholarship duration, the most
recent cost of attendance, and their policy on athletically
related medical expenses. (Education Code Section 67365)
1)Prohibits any person from giving, offering, promising or
attempting to give money or other item of value to a student
athlete or member of the athlete's immediate family to induce,
encourage or reward a student athlete's application,
enrollment or attendance at a public or private institution of
higher education (IHE) to participate in intercollegiate
sporting activities. Some exceptions may be granted in
accordance with NCAA rules. (Education Code Section 67360)
2)Subjects a person who violates these rules to a civil penalty
of up to $10,000, or three times the amount given, offered or
promised, whichever is greater. (Education Code Section
67360)
3)Prohibits student athletes and members of their immediate
family from soliciting or accepting money or other item of
value as an inducement, encouragement or reward, subject to
the same exceptions and penalty listed above. (Education Code
Section 67361)
4)See comments below for relevant NCAA rules.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis: University of California (UC): Potentially
significant cost pressure on the UCLA and UC Berkeley campus
budgets to backfill any reduction of support for activities that
currently receive financial support from media rights revenues.
SB 1525
Page 4
California State University (CSU): The CSU does not believe
that any of its campuses currently meet the threshold for the
SABR to apply, but projects that San Diego State University
(SDSU) will in the near future. The CSU estimates that it will
incur annual increased costs of $500,000 when the bill applies
SDSU. Financial aid programs: Potential state savings, to the
extent that former student-athletes are extended scholarships
paid for by media rights funds, instead of being entitled to, or
competing for, state and institutional aid upon losing an
athletic scholarship.
COMMENTS :
1)Author's statement and support : According to the author, "The
United States Department of Education reports, California's
twelve thousand student athletes in Division I and Division II
schools helped generate over $687 million dollars in income in
2010 alone. However, the future for most student athletes is
far from certain. Due to NCAA rules and a lack of state law,
universities often neglect to pay for the medical care of
injured student athletes. Additionally, universities can
choose to not renew an injured student athlete's scholarship.
Saddling a student with medical bills and taking away
scholarships can easily push a student out of college.
"SB 1525 would provide student athletes have the financial
security and medical care needed to ensure their graduation
after fulfilling their commitment to their university. This
bill would also ensure that student-athletes have the same
rights and procedural due process as their peers in the
general student body."
The America Association of University Women add in support,
"The intensive training schedule required for these student
athletes often requires over 40 hours per week, according to a
2011 NCAA survey. Current regulations do not allow for the
financial compensation of student athletes, beyond the
financial aid that is ostensibly based solely on their
financial need. Due to their classification as 'student
athletes', these students are not classified as workers
eligible for the same worker's compensation benefits that
their Teacher's Assistant or cafeteria cashier classmates are,
despite collegiate athletics generating billions of dollars
annually. Current regulations also allow institutions of
higher education to rescind their financial aid for a myriad
SB 1525
Page 5
of reasons, including career-ending injuries received while
playing for their school. Many student athletes are only able
to afford the high cost of tuition due to the scholarships
promised to them upon admission. When their 'student athlete'
status is lost and their financial aid evaporates, these
former athletes are at a great risk of becoming former
students as well."
2)Opposition : Note: Opposition is unconfirmed to the proposed
version of the bill before the committee today in light of
amendments discussed in Comment 3, below.
a) The 4 Affected Universities are Concerned About
Competitive Disadvantage :
UC Berkeley, UCLA, Stanford and USC each wrote the
committee in opposition to the bill based upon their shared
concerns about its potential impacts upon their ability to
remain athletically competitive if SB 1525 were to become
law - given that they currently operate the only athletic
programs which the bill would apply to. In addition, the
CSU system joins the opposition, based upon the
anticipation that CSU San Diego will soon cross the $10
million dollar media income threshold for their athletic
program. They raise three main points of opposition:
Scholarship Renewal : This bill requires our four
institutions to provide equivalent scholarships to students
whose athletic aid was cancelled for non-disciplinary
reasons. These equivalent scholarships will continue to
count against a team's maximum scholarship limit under NCAA
rules. As a result, our California institutions would be
at a competitive disadvantage with all other NCAA schools
in the nation and, more importantly, this bill would
preclude us from awarding the non-renewed athletic
scholarship to another deserving prospective
student-athlete or current student-athlete.
Transfer Restrictions : The existing transfer policies,
which are recognized and adhered to nationally, are
designed to deter competing schools from recruiting another
institution's student-athletes. This bill would prohibit
our four institutions from opposing the transfer of one of
its current student athletes to another institution,
including conference and/or traditional sports rivals. The
SB 1525
Page 6
time, money and resources spent on recruiting
student-athletes as well as the student-athlete's knowledge
of an institution's plays, tactics and plans would not be
subject to protection.
Equity and Fairness : This bill seeks to resolve issues for
student athletes that are not a problem at any of our four
institutions. This bill unfairly targets only four schools
in California in an effort to penalize the most successful
athletic programs in the state.
b) State Controller's Office - Implementation Concerns and
Request for Amendment :
According to the State Controller's Office analysis of SB
1525, "This bill requires the Controller to make a
determination about which IHEs do not meet the threshold
for participation in the proposed program. Making this
determination requires information about the
intercollegiate media rights revenues of the state's IHEs
which is currently unavailable to the Controller. Neither
existing law nor the bill as written requires the state's
IHEs to disclose this information to the Controller in any
manner. This bill also does not provide the method,
formula, or schedule by which the Controller would make
this determination. Carrying out the requirements of this
bill would be costly for the Controller while the work
could probably be performed more efficiently elsewhere or
through a different mechanism.
These concerns are addressed by amendments to be taken in
committee which remove the Controller's duties from the
bill.
3)Amendments to be Presented in Committee :
a) Equivalent Scholarship Language : In response to
opposition concerns, the author has agreed to amend the
bill to rewrite the "equivalent scholarship language" to
exclude student-athletes who have remaining eligibility,
thereby allowing institutions of higher education to
maintain their full complement of athletic scholarships
under NCAA rules.
"An athletic program shall provide an equivalent
SB 1525
Page 7
scholarship to a student-athlete who was on an athletic
scholarship and is in good standing, but has exhausted his
or her athletic eligibility, for up to one year or until
the student-athlete completes his or her primary
undergraduate degree, whichever is shorter."
The amendments also clarify the exception for academically
successful programs from this provision, to provide,
"except that an athletic program with a graduation success
rate that is above 60 percent, disaggregated by team, shall
not be subject to the requirements of this paragraph."
The author has substituted the NCAA definition for
"Graduation Success Rate" for the bill's earlier
"Graduation Rate" language, in order to be internally
consistent, and consistent with the source of existing
disclosures required of institutions of higher education
under AB 2079 - Torlakson (discussed below).
"Graduation Success Rate," means the percentage of student
athletes who graduate from that institution of higher
education within six years of their initial enrollment,
excluding outgoing transfers in good academic standing with
athletic eligibility remaining, and including incoming
transfers. The rate is to be calculated by combining the
rates of the four most recent classes that are available in
the exact manner as the rate is calculated under NCAA
rules."
b) Transfer Requests : The author also agreed to remove the
requirement that institutions of higher education must
grant all student athlete's request to transfer. Instead,
the bill now requires that the athletic director must
respond to the request with an answer within 7 business
days. Existing NCAA rules provide for an expeditious
review of any decision as discussed in Comment 4 below.
c) Extended Insurance Coverage Requirement : The amendments
also rewrite the requirement that universities cover the
costs of insuring student-athletes against harm, and
clarify the time period that the students must be insured
beyond their time at the university, as follows:
If a student athlete suffers an injury resulting from his
or her participation in the athletic program that requires
SB 1525
Page 8
ongoing medical treatment the athletic program must provide
one of the following for a minimum of two years following
the student athlete's graduation or separation from the
institution of higher education:
The necessary medical treatment, or
Health insurance that covers the injury and
the resulting deductible amounts.
This subdivision does not extend to pre-existing medical
conditions that pre-dated the student-athlete's
participation in the athletic program.
a) Delete State Controller Duties : Prior version of the
bill had various duties assigned to the State Controller's
Office, the most recent of which was to determine which
California Institutions of higher education had media
derived income of $10 million. The author has agreed to
amend the bill to remove this requirement.
1)NCAA Rules :
The NCAA is a voluntary association of about 1,200 colleges
and universities, athletic conferences, and sports
organizations that administer intercollegiate athletics.
Volunteer representatives from these schools and conferences
establish rules that govern the NCAA and
programs designed to further its purposes and goals.
a) Rules Regarding Transfers :
An athletics staff member or other representative of an
institution may not make contact with a student-athlete of
another NCAA or NAIA four-year collegiate institution
without first obtaining written permission of the first
institution's athletic director. If permission is granted,
all NCAA recruiting rules apply.
If an institution receives a written request from a
student-athlete to permit another institution to contact
the student-athlete about transferring, the institution
shall grant or deny the request within seven business days.
If the institution denies the student-athlete's request to
permit any other institution to contact them about
SB 1525
Page 9
transferring, the institution shall inform the
student-athlete in writing that s/he may request a hearing
conducted by an institutional entity or committee outside
of the athletics department. The hearing shall be conducted
and a decision rendered in writing within 15 days of
receipt of the written request for a hearing.
A one-time transfer exception exists for student-athletes
competing in sports other than baseball, basketball, bowl
subdivision football or men's ice hockey, if specified
conditions are met. This rule also has exceptions for
student-athletes in the specified sports that were not
recruited by the original institution and have never
received athletic aid from any institution. Also,
student-athletes who have earned a bachelor's degree may
also use the one-time transfer exception under specified
conditions.
b) Rules Regarding Student-Athlete Finances :
The 2011-12 Guide for the College-Bound Student-Athlete,
and other links on the NCAA's website, provides information
about several aspects of becoming a collegiate athlete,
including athletically related financial aid and recruiting
regulations. Specifically:
Athletic scholarships in Divisions I and II
are initially awarded for up to one academic year, and
may be renewed annually for up to five years (D-I) or
up to a total of 10 semesters/15 quarters (D-II).
Division III institutions do not award athletic
financial aid.
Effective August 1, 2012, D-I allows
institutions to provide athletic aid for a period not
less than one year and that does not exceed the
student's five-year period of eligibility.
Athletic scholarships can be renewed, reduced,
increased or canceled from year to year for any
reason.
During the one-year period of the award, the
athletic scholarship may not be renewed, reduced or
canceled except under four specified conditions: 1)
SB 1525
Page 10
the student-athlete rendered himself or herself
ineligible; 2) the student-athlete fraudulently
misrepresents himself or herself; 3) the
student-athlete engages in serious misconduct as
determine by the institution's regular student
disciplinary authority; and 4) the student
voluntarily withdraws from the team (and requesting
permission to contact or transfer does not constitute
withdrawing from the team).
Any time the athletics aid is not renewed, or
is reduced or canceled, the student-athlete must be
notified in writing of his or her right to request an
appeal, and the appeal must be heard by the
institution's regular financial aid authority.
Athletic scholarships are awarded in a variety
of amounts.
The total amount of financial aid a
student-athlete can receive may be limited, and may
affect whether a student-athlete may accept additional
financial aid.
The NCAA recently updated their bylaws that regulate
recruiting, scholarship levels, timing and methods of
communication between IHEs and student athletes. Rules
governing Division I, II and III IHEs are not necessarily
the same across divisions. Currently, NCAA bylaws impose a
number of restrictions on student athlete financial
assistance. For example, NCAA D-1 schools:
Effective August 1, 2012, Division I allows
institutions to provide athletic aid for a period not
less than one year and that does not exceed the
student's five-year period of eligibility.
Under the new Division I multiyear aid
legislation, any athletic scholarship that is awarded
for more than one year can not be renewed, reduced or
canceled during the period of the award except under
four specified conditions: 1) the student-athlete
rendered himself or herself ineligible; 2) the
student-athlete fraudulently misrepresents himself or
herself; 3) the student-athlete engages in serious
SB 1525
Page 11
misconduct as determine by the institution's regular
student disciplinary authority; and 4) the student
voluntarily withdraws from the team (and requesting
permission to contact or transfer does not constitute
withdrawing from the team).
Are permitted to provide medical insurance for
its student-athletes.
Cannot award financial aid to a student
athlete that exceeds the cost of attendance that
normally is incurred by students enrolled in a
comparable program at that institution.
A student-athlete may be employed, provided
they are only be paid for work actually performed and
the pay rate must be commiserate with the going rate
for someone with similar skills and experience and the
employer does not pay the student-athlete based on his
or her athletics reputation.
1)Existing Medical Coverage for Collegiate Athletes :
NCAA rules require each student-athlete to be covered by
individual, parental or institutional medical insurance prior
to competing in interscholastic athletics. Universities are
authorized to provide medical insurance; coverage varies from
campus to campus.
a) University Based Insurance :
The UC administers the Student Health Insurance Plan that
covers athletic injuries only at the San Diego and Santa
Barbara campuses, coverage for athletes at other UC
campuses varies.
The California State University Risk Management Authority
administers the Athletic Injury Medical Expense, which
provides secondary coverage for medical expenses from
athletic injuries not paid by the student's primary
insurance.
The University of Southern California reviews
permanent/career-ending injuries on a case-by-case basis
and may offer a medical athletic scholarship for the
SB 1525
Page 12
identical time frame and financial aid level for a period
corresponding to one bachelor's degree (16 unit minimum per
semester). If offered a medical athletic scholarship, the
student-athlete must work the same work hours and regime as
a student-athlete that has exhausted eligibility.
b) NCAA Catastrophic Insurance Program :
Among other things, the NCAA Catastrophic Insurance Program
provides:
College education benefit provides payment of
the full standard cost of attendance for a totally
disabled person to complete his or her undergraduate
and/or graduate degree. The disabled person must
recommence studies within 5 years and complete the
degree within 20 years. The maximum lifetime college
education benefit is $120,000.
Vocational rehabilitation benefit provides
payment for expenses incurred for services rendered
through a vocational rehabilitation program or
counseling services to enable the person to develop
skills necessary for gainful employment and to
participate in a job search and find gainful
employment. The maximum lifetime vocational
rehabilitation benefit is $60,000.
Maximum benefit per person per accident, for
all benefits combined is $20 million.
Custodial care maximum is $100,000 per
calendar year.
Home health care maximum is $100,000 per
calendar year.
Combined home and custodial is $100,000,
increasing by $10,000 on the 10th anniversary of the
accident and on each subsequent 10th anniversary.
Private duty nursing maximum is $250,000 per
calendar year.
Combined private duty nursing, custodial and
SB 1525
Page 13
home health is $250,000.
Total disability benefit is $300 each month
for up to 12 months, and $2,000 each month thereafter
($2,000 monthly benefit increases by 4% after the
$2,000 benefit has been paid for 12 consecutive
months.
Partial disability maximum benefit is $1,500
each month, increasing by 4% after the benefit has
been paid for 12 consecutive months. The benefit is
to be reduced by of the after-tax monthly compensation
earned by the insured person in excess of $1,000 per
month.
Adjustment expense benefit maximum is $50,000
lifetime (training family to perform rehabilitative or
custodial functions, travel for family, loss of
earnings by injured person's spouse or parent, and
family counseling.
Special expense benefit for special items
approved by the person's doctor to accommodate his or
her physical disability, such as home or automobile
modifications.
Benefits are limited to:
$125,000 during the first 10 years.
$50,000 for years 10-20.
$60,000 for years 20-30.
$75,000 for years 30-40.
1)Double Referral : This bill is double-referred to the Assembly
Higher Education Committee.
2)Prior and Related Legislation :
AB 1743 (Campos), Chapter 16, Statutes of 2012, clarified that
the online scholarship disclosures required of a California
postsecondary educational institution only apply to
institutions that offer athletic scholarships to "student
athletes".
AB 2079 (Torlakson-Davis), Chapter 592, Statutes of 2010
provided that all California postsecondary educational
SB 1525
Page 14
institutions that offer athletic scholarships are required to
provide specified scholarship information on their websites.
AB 95 (Torlakson), of the 2008-09 Legislative Session, would
have required athletic recruiters to provide student athletes
with specified information relating to the college athletic
program within one week of initiating personal contact with
the student athlete for purposes of athletic recruiting.
Status: Filed with the Chief Clerk pursuant to Joint Rule 56.
Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
SB 193 (Murray), of the 2002-03 Legislative Session, would
have prohibited California institutions of higher education
from participating in any organizations that regulates student
athletic scholarships, including the NCAA. Status: Held in
the Assembly Higher Education Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
National Collegiate Players Association (Sponsors)
American Association of University Women
Opposition
Association of Independent California Colleges and Universities
California State University
Stanford University
University of California at Berkeley
University of California at Los Angeles
University of Southern California
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450
SB 1525
Page 15
Amendments Mock-up for 2011-2012 SB-1525 (Padilla (S))
*********Amendments are in BOLD*********
Mock-up based on Version Number 96 - Amended Senate 5/29/12
Submitted by: Committee on Arts, Ent., Sports, Tourism &
Internet media
The people of the State of California do enact as follows:
SECTION 1. Part 40.3 (commencing with Section 67450) is added to
Division 5 of Title 3 of the Education Code, to read:
PART 40.3. STUDENT ATHLETE BILL OF RIGHTS
CHAPTER 1. Preamble
67450. The Legislature finds and declares all of the following:
(a) Meeting the educational needs of student athletes should be
a priority for intercollegiate athletic programs.
(b) California's institutions of higher education that
participate in Division I and Division II intercollegiate
athletics collectively generate millions of dollars annually in
media contracts, and this revenue would not exist without the
efforts of student athletes.
(c) Student athletes generate large revenues for many athletic
programs, spend approximately 40 hours per week participating in
their respective sports, and suffer current and historically low
graduation rates.
(d) Providing adequate health and safety protection for student
athletes can help prevent serious injury and death.
(e) Current and former student athletes can be left to pay for
medical expenses incurred from injuries suffered while
participating in intercollegiate athletics.
(f) Institutions of higher education should provide their
student athletes with the same due process protection afforded
to students who do not participate in athletics.
(g) Athletic programs in this state are subject to federal
SB 1525
Page 16
gender equity requirements under Title IX of the Education
Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
(h) An institution of higher education should not punish any
student athlete for transferring to another institution of
higher education.
(i) An institution of higher education should not use funds for
purposes of this part that are dedicated for the benefit of the
general student body.
CHAPTER 2. General Provisions
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 rate" means the percentage of student athletes
who enroll at an institution of higher education who graduate
from that institution within six years of their initial
enrollment .
"Graduation success rate," means the percentage of student
athletes who graduate from that institution of higher education
within six years of their initial enrollment, excluding outgoing
transfers in good academic standing with athletic eligibility
remaining, and including incoming transfers. The rate is to be
calculated by combining the rates of the four most recent
classes that are available in the exact manner as the rate is
calculated under NCAA 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 rights to the live coverage,
tape-delayed coverage, and postevent footage use of athletic
games, practices, and interviews; royalties for the use of a
player's likeness or uniform, signage, or other sponsorships;
SB 1525
Page 17
and luxury box sales.
(f) "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.
67452. Commencing with the 2013-14 academic year, an athletic
program shall comply with all of the following:
(a) (1) (A) If an athletic program does not renew an athletic
scholarship of a student athlete who has suffered an injury who
suffers an incapacitating injury or illness resulting from his
or her participation in the athletic program, and the
institution of higher education's medical staff determines that
he or she is declared medically ineligible to participate in
intercollegiate athletics, the institution of higher education
shall provide an equivalent scholarship that, combined with the
total duration of any previous athletic scholarship or
scholarships received by the student athlete, will be provided
for a total of up to four five academic years or until the
student athlete completes his or her undergraduate degree,
whichever period is shorter. Additional years may be provided at
the institution of higher education's discretion.
(2) (B) If a student athlete takes a temporary leave of absence
from an institution of higher education, the duration of that
leave of absence shall not count against the four five -year
limit on eligibility for an equivalent scholarship imposed by
paragraph (1) (A).
(3) If an athletic program does not renew an athletic
scholarship of a student athlete for a nondisciplinary cause
other than an injury resulting from his or her participation in
the athletic program, the institution of higher education shall
provide an equivalent scholarship, except that an athletic
program with a graduation rate that is above 60 percent,
disaggregated by sport, shall not be subject to the requirements
of this paragraph . An athletic program shall provide an
equivalent scholarship to a student-athlete who was on an
athletic scholarship and is in good standing, but has exhausted
his or her athletic eligibility, for up to one year or until the
student-athlete completes his or her primary undergraduate
degree, whichever is shorter, except that an athletic program
with a graduation success rate that is above 60 percent,
SB 1525
Page 18
disaggregated by team, shall not be subject to the requirements
of this paragraph.
(4) An athletic program may dismiss a student athlete from
participation in the program for cause. A student-athlete whose
athletic scholarship is not renewed who is dismissed for cause
from by an athletic program shall receive no benefits under this
part, but may appeal this decision within the institution of
higher education attended by the student or within the
conference or association of which that institution of higher
education is a member, as appropriate.
(b) Each athletic program shall conduct a financial and life
skills workshop for all of its first-year and third-year student
athletes at the beginning of the academic year. This workshop
shall include, but not be limited to, information concerning
financial aid, debt management, and a recommended budget for
full- and partial-scholarship student athletes living on or off
campus during the academic year and the summer term based on the
current academic year's cost of attendance. The workshop shall
also include information on time management skills necessary for
success as a student athlete, and academic resources available
on campus.
(c) An institution of higher education shall grant a student
athlete the same rights as other students with regard to any and
all matters related to possible adverse or disciplinary actions,
including, but not necessarily limited to, actions involving his
or her participation in the athletic program.
athletically-related financial aid.
(d) An athletic program shall promptly approve respond within
seven business days with an answer to a student athlete's
written request to transfer to another institution of higher
education. without actively or passively imposing any
restrictions or conditions. Implementation of this subdivision
by an institution of higher education shall include, but not
necessarily be limited to, both of the following:
(1) Granting other institutions of higher education permission
to contact the student athlete.
(2) Waiving residency requirements, as permitted by athletic
association rules.
SB 1525
Page 19
(e) An institution of higher education that receives, as an
average, less than ten million dollars ($10,000,000) in annual
income derived from media rights for intercollegiate athletics,
as determined by the Controller , shall not be subject to the
requirements of this section.
(f) An institution of higher education to which this section
applies shall rely exclusively on revenue derived from media
rights for intercollegiate athletics to defray any costs accrued
under this section.
67453. (a) (1)Unless a student athlete declines the payment of
premiums, an An athletic program shall be responsible for paying
the premiums of each of its student athletes whose household has
an income and asset level that does not exceed the level for Cal
Grant A recipients set forth in Section 69432.7 for insurance
covering claims resulting from their participation in the
athletic program.
(2) An athletic program shall be responsible for paying the
insurance deductible amount applicable to the claim of any
student athlete who suffers an injury resulting from his or her
participation in the athletic program and makes a claim relating
to that injury.
(3) This subdivision shall apply for up to five years after the
date of the injury that is the subject of the claim . If a
student athlete suffers an injury resulting from his or her
participation in the athletic program that requires ongoing
medical treatment the athletic program must provide one of the
following for a minimum of two years following the student
athlete's graduation or separation from the institution of
higher education:
(i) the necessary medical treatment, or
(ii) health insurance that covers the injury and the
resulting deductible amounts.
This subdivision does not extend to pre-existing medical
conditions that pre-dated the student-athlete's participation in
the athletic program.
(b) An athletic program shall adopt and implement guidelines to
prevent, assess, and treat sports-related concussions and
dehydration. In addition, an athletic program shall adopt and
SB 1525
Page 20
implement exercise and supervision guidelines for any student
athlete identified with potentially life-threatening health
conditions who participates in an athletic program.
(c) An institution of higher education that receives, as an
average, less than ten million dollars ($10,000,000) in annual
income derived from media rights for intercollegiate athletics,
as determined by the Controller , shall not be subject to the
requirements of this section.
(d) An institution of higher education to which this section
applies shall rely exclusively on revenue derived from media
rights for intercollegiate athletics to defray any costs accrued
under this section.
67454. This part shall become inoperative on January 1, 2021.