Sec. 5. Discrimination by State and intercollegiate athletic associations, local educational agencies, and covered institutions of higher education
553 words·~3 min read·
/bill/119/hr/1183/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No State athletic association or covered local educational agency shall, on the basis of sex, subject any athlete to discrimination with respect to elementary school, secondary school, or interscholastic athletics, including discrimination through— the rules it sets for elementary school, secondary school, or interscholastic athletics; the sports— required for membership in a State athletic association; competitions sponsored by the State athletic association or covered local educational agency, respectively; or championships sponsored by that association or agency; or the location, facilities, or amenities provided for competitions or championships sponsored by that association or agency.
No intercollegiate athletic association or covered institution of higher education shall, on the basis of sex, subject any athlete to discrimination with respect to intercollegiate or (subject to paragraph (2)) collegiate athletics, including discrimination through— the rules it sets for intercollegiate athletics or collegiate athletics; the sports— required for membership in an intercollegiate athletic association, or required for participation in collegiate athletics at a covered institution of higher education; competitions sponsored by the intercollegiate athletic association, or collegiate athletic competitions sponsored by the covered institution of higher education; or championships sponsored by the intercollegiate athletic association, or collegiate athletic championships sponsored by the covered institution of higher education; the location, facilities, or amenities provided for competitions or championships sponsored by the intercollegiate athletic association, or for collegiate athletic competitions or championships sponsored by the institution; the provision or arrangement for the provision of goods or services (including benefits) for competitions or championships sponsored by the intercollegiate athletic association, or for collegiate athletic competitions or championships sponsored by such an institution; or the distribution of revenues or other benefits to members of or such institutions under the authority of the intercollegiate athletic association, or to teams, clubs, or other entities participating in collegiate athletics at the institution.
Only a covered institution of higher education may be considered to have committed a violation of paragraph
(1)with respect to collegiate athletics. An individual who seeks to participate, participates, or previously participated in athletics covered under subsection
(a)or (b), offered under the authority of an intercollegiate athletic association or State athletic association, or by a covered institution of higher education or covered local educational agency, may bring an action in any Federal or State court of competent jurisdiction against the athletic association, institution, or agency involved, alleging a violation of this section. The court may award all legal or equitable relief that may be appropriate for such a violation. The legal relief may include compensatory damages for all injuries, including financial injuries, unequal treatment, emotional distress, humiliation, and pain and suffering, as well as punitive damages, attorney’s fees, and expert fees. Each State athletic association or intercollegiate athletic association shall ensure that each employee of the State athletic association or intercollegiate athletic association receives, at least once per year, training on the provisions of this section, including the rights delineated under this section and the procedures for bringing actions under this section. Each covered institution of higher education shall ensure that each employee of the institution with an employment function relating to collegiate athletics receives, at least once per year, such training. Each covered local educational agency shall ensure that each employee of the local educational agency with an employment function relating to athletics receives, at least once per year, such training.