HB4252 103RD GENERAL ASSEMBLY

LRB103 34791 RJT 64642 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4252

Introduced 1/16/2024, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Student-Athlete Bill of Rights Act. Sets forth specific rights for students and student-athletes at postsecondary educational institutions. Provides that a postsecondary educational institution shall prepare and post a notice detailing specified rights that student-athletes have under federal law and where a complaint may be filed for a violation. Provides that a postsecondary educational institution may not intentionally retaliate against a student-athlete for (1) making or filing a complaint, in good faith, about a violation of a student-athlete's rights granted under any applicable statute, rule, or policy; (2) testifying or otherwise assisting in an investigation into a violation of a student-athlete's rights granted under any applicable statute, rule, or policy; or (3) opposing any practices that the student-athlete, in good faith, believes are a violation of a student-athlete's rights granted under any applicable statute, rule, or policy. Provides that each postsecondary educational institution offering athletic programs for student-athletes shall hire or appoint an ombudsperson, independent of the athletic department, who may be an employee, to provide specified support to student-athletes. Creates the Commission on College Athletics to pursue research and recommendations and monitor athletic programs at postsecondary educational institutions. Sets forth other duties of the Commission and the membership of the Commission. Requires the Board of Higher Education to provide administrative and other support to the Commission and adopt rules. Makes other changes.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Student-Athlete Bill of Rights Act.

Section 5. Definitions. In this Act:

"Postsecondary educational institution" means a public university or community college or a private university or college located in this State.

"Student" means a student currently enrolled at a postsecondary educational institution.

"Student-athlete" means an enrolled student on the postsecondary educational institution's official athletic squad list.

Section 10. Student and student-athlete rights.

(a) A student-athlete shall have the right to fair and equitable treatment, and a student-athlete may not be discriminated against based upon the student-athlete's sex or any other protected characteristic under State or federal law.

(b) A student shall have the right to inquire of the athletic director of the postsecondary educational institution as to the athletic opportunities offered by the postsecondary educational institution.

(c) A student-athlete shall have the right to receive equitable treatment and benefits in:

(1) the provision of equipment and supplies;

(2) the scheduling of games and practices;

(3) the provision of transportation and daily allowances;

(4) accessing tutoring;

(5) the provision of coaching;

(6) the provision of locker rooms;

(7) the provision of practice and competitive facilities;

(8) accessing medical and training facilities and services; and

(9) the provision of publicity.

(d) A student shall have the right to access a Title IX coordinator to answer questions regarding gender equity laws.

(e) A student shall have the right to contact external sources for information on gender equity laws or other equity, anti-discrimination, or harassment laws, including the Department of Human Rights.

(f) A student shall have the right to file a confidential discrimination complaint with the United States Department of Education's Office for Civil Rights, the Department of Human Rights, and the Board of Higher Education if the student believes that the student has been discriminated against or if the student believes that the student has received unequal treatment on the basis of a protected characteristic.

(g) A student shall have the right to pursue civil remedies if the student has been discriminated against.

(h) A student shall have the right to be protected against retaliation if the student files a discrimination complaint.

Section 15. Institution powers, duties, and prohibitions.

(a) A postsecondary educational institution 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.

(b) A postsecondary educational institution 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.

(2) A student-athlete's reporting rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

The notice prepared pursuant to this subsection (b) 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 limited to, contact information for all of the following:

(1) The United States Department of Education's Office for Civil Rights, as well as the appropriate regional enforcement office of the Office for Civil Rights.

(2) The Title IX enforcement office of the Office for Civil Rights.

(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) A postsecondary educational institution shall post, in a conspicuous location in its athletic department that is frequented by student-athletes and where it is easily accessible and readable during campus business hours, including, but not limited to, athletic training facilities, the notice developed pursuant to subsection (b).

(d) At the beginning of every academic year, a postsecondary educational institution shall provide to every student-athlete all of the following:

(1) A copy of the notice developed pursuant to subsection (b).

(2) A current copy of the National Collegiate Athletic Association's 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 postsecondary educational institution.

(e) A postsecondary educational institution may 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 a student-athlete's rights granted under any applicable statute, rule, or policy.

(2) Testifying or otherwise assisting in an investigation into a violation of a student-athlete's rights granted under any applicable statute, rule, or policy.

(3) Opposing any practices that the student-athlete, in good faith, believes are a violation of a student-athlete's rights granted under any applicable statute, rule, or policy.

For purposes of this subsection (e), retaliation includes, but is not limited to:

(1) a reduction in or loss of any educational 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 postsecondary educational institution. Retaliation under this subsection (e) does not include an action taken, in good faith, by a postsecondary educational institution on the basis of conduct other than that described in this subsection (e).

This subsection (e) may not be construed to restrict the authority of a postsecondary educational institution 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.

(f) A postsecondary educational institution may establish a medical trust fund that student-athletes may access for at least 5 years after leaving the postsecondary educational institution.

(g) Each postsecondary educational institution offering athletic programs for student-athletes shall hire or appoint an ombudsperson, independent of the athletic department, who may be an employee of the postsecondary educational institution, to provide student-athletes with:

(1) independent advice at no cost about the provisions of this Act as they apply to student-athletes;

(2) a person to report misconduct or suspected misconduct, including misconduct or suspected misconduct encountered in the course of time spent as a student-athlete, prospective student-athlete, or former student-athlete, including, but not limited to hazing, the use of or pressure to use illegal performance enhancing drugs, substance abuse, and the intervention of coaches or athletic administrators in the individual medical decisions of a student-athlete with the purpose of having the student-athlete ignore or override medical advice regarding playing through injuries or an injury; and

(3) a liaison to the Commission on College Athletics.

(h) Each postsecondary educational institution shall make available to students and staff the name and contact information of the person managing reports of misconduct or suspected misconduct under this Act in such a place as other similar resources provided by the postsecondary education institution.

(i) Each postsecondary educational institution shall annually certify to the Commission, in writing, by a date determined by the Commission, that the postsecondary educational institution is in compliance with this Section.

Section 20. Commission on College Athletics.

(a) The Commission on College Athletics is created. The Commission shall be composed of 9 members, appointed by the Governor. At least 5 members shall be individuals who previously participated in an athletic program at a postsecondary educational institution. At least one member shall be an attorney licensed in this State. At least one member shall be a Title IX coordinator.

(b) The Board of Higher Education shall provide administrative and other support to the Commission.

(c) Members of the Commission shall serve without compensation but may be reimbursed for their expenses incurred in performing their duties.

(d) The Commission shall meet initially at the call of the Governor, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson.

(e) The Commission shall pursue research and recommendations in association with organizations such as the National Collegiate Athletic Association Committee on Competitive Safeguards and Medical Aspects of Sports and the National Association for Athletics Compliance. The Commission shall:

(1) actively monitor athletic programs at postsecondary educational institutions;

(2) act for the benefit of all student-athletes, without regard to the receipt of grants-in-aid;

(3) protect the academic, health, and economic interests of student-athletes;

(4) protect and promote the health, wellness, and safety of student-athletes;

(5) ensure that student-athlete agents faithfully represent the interests of student-athletes;

(6) assist the Board of Higher Education in enforcing this Act in a manner adequate to deter violations and to enforce any penalties adopted by rule; and

(7) submit an annual report on athletic programs at postsecondary educational institutions to the Governor and the General Assembly.

Section 90. Rulemaking. The Board of Higher Education shall adopt any rules necessary to implement this Act, including, but not limited to, penalties for violations of this Act.