Bill Text: HI HB1424 | 2018 | Regular Session | Introduced
Bill Title: Relating To Collegiate Athletics Investigations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB1424 Detail]
Download: Hawaii-2018-HB1424-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1424 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Collegiate athletics investigations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§304A- Athletics investigations. (a) Before a national organization that regulates collegiate level athletics investigates the University of Hawaii, a university athletics program, or a student-athlete for an alleged violation of the national organization's policies or regulations, the national organization shall deliver written notification of a pending investigation to the president of the university that identifies the:
(1) Policy or regulation that was allegedly violated;
(2) Act, conduct, or omission that caused the alleged violation;
(3) Approximate time period in which the alleged violation occurred;
(4) Person or persons known to be involved in the investigation;
(5) Date that the investigation will commence; and
(6) Estimated time frame of the investigation.
(b) The university shall have three months from the date it receives a written notice of pending investigation to respond to the written notice.
(c) An investigation into the university, a university athletics program, or a student-athlete that is conducted by a national organization that regulates collegiate level athletics shall:
(1) Commence no sooner than three months after the date upon which the president of the university received the written notice of pending investigation;
(2) Conclude no later than one year after the date upon which the president of the university received written notice of pending investigation; and
(3) Conclude with a written report that:
(A) Explains the findings and decisions of the national organization;
(B) Is submitted to the president of the university; and
(C) Imposes penalties, if any, on the university, university athletics program, or student-athlete.
(d) The university or person that receives a penalty as a result of an investigation conducted pursuant to this section may appeal the imposition of the penalty to the circuit court of the circuit in which the university or the person resides in the manner provided in chapter 91.
(e) A national organization that regulates collegiate level athletics that does not comply with this section shall be subject to a fine of $10,000."
SECTION 2. Section 305J-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other acts or conditions provided by law, the director may refuse to reauthorize, reinstate or restore, or may deny, revoke, suspend, or condition in any manner, including but not limited to placement on probation, any authorization for any one or more of the following acts or conditions on the part of the institution or applicant:
(1) Failure to meet or maintain the conditions and requirements necessary to qualify for or maintain an authorization;
(2) Failure to maintain accreditation as required by this chapter;
(3) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;
(4) Procuring an authorization, reauthorization, or certification through fraud, misrepresentation, material omission, or deceit;
(5) Misconduct, incompetence, gross negligence, or manifest incapacity in the operation of the institution;
(6) Revocation, suspension, deauthorization, or other disciplinary action by another state or federal agency against an institution or applicant for any reason provided by this chapter or rules adopted hereunder;
(7) Criminal conviction, whether by nolo contendere or otherwise, of a penal crime directly related to the qualifications, functions, or duties of the institution or applicant in any jurisdiction in which the institution operates;
(8) Failure to report in writing to the department any disciplinary decision issued against the institution or the applicant in another jurisdiction within thirty days of the disciplinary decision;
(9) Failure to report in writing to the department any change in accreditation status by any accrediting agency;
(10) Failure to demonstrate or maintain a record of
financial integrity; [or]
(11) Entering into or remaining in a private agreement with a national organization that regulates collegiate athletics that requires any investigation of the private college or university, the private college or university's athletic program, or a student-athlete, to be conducted other than in the manner set forth in section 304A- ; or
[(11)] (12) Violating any provision of
this chapter or rules adopted hereunder."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
UH; Private Colleges and Universities; Athletics; Student-Athletes; Investigations; DCCA
Description:
Establishes how a national organization that regulates collegiate level athletics shall investigate the UH, its athletics programs, or student-athletes. Prohibits private colleges and universities in the state from entering into or remaining in an agreement regarding investigations with a national organization that regulates collegiate level athletics that differs from the requirements for investigations of the UH.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
