Sec. 7. Additional protections for student athletes
1,082 words·~5 min read·
/bill/118/s/2495/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The National Collegiate Athletic Association or its designee shall develop and make available to student athletes educational resources and information on the rights of student athletes with respect to name, image, or likeness contracts and related legal and regulatory matters. Each institution of higher education shall develop and make available to student athletes educational resources and information consistent with the educational resources and information developed under paragraph (1).
The National Collegiate Athletic Association or its designee shall develop, maintain, and conduct financial literacy and life skills programming for student athletes, which shall include— information relating to financial aid and debt management; recommended model budgets for student athletes based on the estimated cost of attendance for the academic year and any grant-in-aid received by the student athlete; and information relating to the potential tax implications of entering into a name, image, or likeness contract.
The organizers of any revenue-generating collegiate-level tournament or playoff shall deposit not less than 1 percent of annual gross revenues from such events into a trust fund (referred to in this subsection as the Fund ), to be managed in a manner determined by the National Collegiate Athletic Association, for the purpose of covering the costs of— in the case of a student athlete who is a dependent, travel to sporting events for members of the immediate family of the student athlete; and in the case of a former student athlete, all out-of-pocket medical expenses of such athlete that are not covered under paragraph (2)(B), until the later of— the date on which such athlete attains the age of 28 years; or 8 years after the date on which the eligibility of such athlete for intercollegiate athletics expired.
To be eligible to receive amounts from the Fund under subparagraph (A)(ii), a former student athlete shall— not later than 7 days after the date on which the last regular season of the sport of such athlete ends, complete an exit physical examination with the institution of higher education; and graduate from the institution of higher education at which such was enrolled during such last regular season. An institution of higher education shall provide or procure health care coverage for each student athlete enrolled at the institution of higher education during any academic year in which the student athlete participates in intercollegiate athletics.
An institution of higher education that reports less than $20,000,000 in total annual athletics revenue to the Department of Education during an academic year shall be, during the enrollment of a student athlete at the institution of higher education, financially responsible for all out-of-pocket medical expenses of the student athlete’s health care coverage for any injury or communicable disease incurred or acquired while the student athlete was participating in an intercollegiate athletic event or a varsity intercollegiate athletic competition.
An institution of higher education that reports not less than $20,000,000 in total annual athletics revenue to the Department of Education during an academic year shall be, during the enrollment of a student athlete at the institution of higher education and the 2-year period beginning on the day after the last varsity intercollegiate sports competition of the student athlete, financially responsible for all out-of-pocket medical expenses of the student athlete’s health care coverage for any injury or communicable disease that was incurred or acquired while the student athlete was participating in an intercollegiate athletic event or a varsity intercollegiate athletic competition.
An institution of higher education that reports not less than $50,000,000 in total annual athletics revenue to the Department of Education during an academic year shall be, during the enrollment of a student athlete at the institution of higher education and the 4-year period beginning on the day after the last varsity intercollegiate sports competition of the student athlete, financially responsible for all out-of-pocket medical expenses of the student athlete's health care coverage for any injury or communicable disease incurred or acquired while the student athlete was participating in an intercollegiate athletic event or varsity intercollegiate sports competition.
During the enrollment of a student athlete at an institution of higher education, an institution of higher education shall be financially responsible for the expense of obtaining for the student athlete medical second opinions independent from the institution of higher education. In the case of an institution of higher education described in clause
(ii)or
(iii)of subparagraph (B), continuing through the 2-year period described in clause
(ii)or the 4-year period described in clause (iii), respectively, the institution of higher education shall be financially responsible for the expense of obtaining, for former student athletes, medical second opinions independent from the institution of higher education. In the case of an institution of higher education described in clause (i), during any period not exceeding 4 years beginning on the day after the last varsity intercollegiate sports competition of a student athlete that is not covered under subclause (I), the Fund shall be financially responsible for the expense of obtaining, for former student athletes, medical second opinions independent from the institution of higher education. The responsibilities of an institution of higher education under subparagraphs
(A)through
(C)shall not apply to an institution of higher education in the case of a student athlete who transfers out of the institution of higher education to continue participation in intercollegiate athletics elsewhere. Except as otherwise provided in this Act, an institution of higher education may not revoke, reduce, or impose a condition on the grant-in-aid of a student athlete based on the student athlete having entered into a permissible name, image, or likeness contract or having been injured. Subject to subparagraph (B), an institution of higher education shall honor the original grant-in-aid commitment made by the institution of higher education to a student athlete. In the case of a student athlete who transfers from one institution of higher education to another institution of higher education, subparagraph (A)— shall not apply to the former institution of higher education of the student athlete; and shall apply to the new institution of higher education to which the student athlete transfers. Grant-in-aid provided to a former student athlete— may not count against athlete scholarship caps; and may be provided through the general financial aid budget of an institution of higher education. Nothing in this subsection may be construed to prohibit an institution of higher education from revoking the grant-in-aid of a student athlete or former student athlete who does not remain in good standing in accordance with the standards or code of conduct of the institution of higher education.