Bill Text: IL HB4252 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4252 Detail]

Download: Illinois-2023-HB4252-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4252

Introduced , 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.
LRB103 34791 RJT 64642 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

HB4252LRB103 34791 RJT 64642 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Student-Athlete Bill of Rights Act.
6 Section 5. Definitions. In this Act:
7 "Postsecondary educational institution" means a public
8university or community college or a private university or
9college located in this State.
10 "Student" means a student currently enrolled at a
11postsecondary educational institution.
12 "Student-athlete" means an enrolled student on the
13postsecondary educational institution's official athletic
14squad list.
15 Section 10. Student and student-athlete rights.
16 (a) A student-athlete shall have the right to fair and
17equitable treatment, and a student-athlete may not be
18discriminated against based upon the student-athlete's sex or
19any other protected characteristic under State or federal law.
20 (b) A student shall have the right to inquire of the
21athletic director of the postsecondary educational institution
22as to the athletic opportunities offered by the postsecondary

HB4252- 2 -LRB103 34791 RJT 64642 b
1educational institution.
2 (c) A student-athlete shall have the right to receive
3equitable treatment and benefits in:
4 (1) the provision of equipment and supplies;
5 (2) the scheduling of games and practices;
6 (3) the provision of transportation and daily
7 allowances;
8 (4) accessing tutoring;
9 (5) the provision of coaching;
10 (6) the provision of locker rooms;
11 (7) the provision of practice and competitive
12 facilities;
13 (8) accessing medical and training facilities and
14 services; and
15 (9) the provision of publicity.
16 (d) A student shall have the right to access a Title IX
17coordinator to answer questions regarding gender equity laws.
18 (e) A student shall have the right to contact external
19sources for information on gender equity laws or other equity,
20anti-discrimination, or harassment laws, including the
21Department of Human Rights.
22 (f) A student shall have the right to file a confidential
23discrimination complaint with the United States Department of
24Education's Office for Civil Rights, the Department of Human
25Rights, and the Board of Higher Education if the student
26believes that the student has been discriminated against or if

HB4252- 3 -LRB103 34791 RJT 64642 b
1the student believes that the student has received unequal
2treatment on the basis of a protected characteristic.
3 (g) A student shall have the right to pursue civil
4remedies if the student has been discriminated against.
5 (h) A student shall have the right to be protected against
6retaliation if the student files a discrimination complaint.
7 Section 15. Institution powers, duties, and prohibitions.
8 (a) A postsecondary educational institution may establish
9a degree completion fund, in accordance with applicable rules
10and bylaws of the governing body of the institution and
11applicable rules and bylaws of any athletic association of
12which the institution is a member.
13 (b) A postsecondary educational institution shall prepare
14a notice detailing the following rights:
15 (1) A student-athlete's rights pursuant to Title IX of
16 the federal Education Amendments of 1972.
17 (2) A student-athlete's reporting rights pursuant to
18 the federal Jeanne Clery Disclosure of Campus Security
19 Policy and Campus Crime Statistics Act.
20 The notice prepared pursuant to this subsection (b) shall
21identify the contact information through which a
22student-athlete may file a complaint for a violation of any of
23the rights identified in the notice, including, but not
24limited to, contact information for all of the following:
25 (1) The United States Department of Education's Office

HB4252- 4 -LRB103 34791 RJT 64642 b
1 for Civil Rights, as well as the appropriate regional
2 enforcement office of the Office for Civil Rights.
3 (2) The Title IX enforcement office of the Office for
4 Civil Rights.
5 (3) The enforcement office of the United States
6 Department of Education for reporting violations of the
7 federal Jeanne Clery Disclosure of Campus Security Policy
8 and Campus Crime Statistics Act.
9 (c) A postsecondary educational institution shall post, in
10a conspicuous location in its athletic department that is
11frequented by student-athletes and where it is easily
12accessible and readable during campus business hours,
13including, but not limited to, athletic training facilities,
14the notice developed pursuant to subsection (b).
15 (d) At the beginning of every academic year, a
16postsecondary educational institution shall provide to every
17student-athlete all of the following:
18 (1) A copy of the notice developed pursuant to
19 subsection (b).
20 (2) A current copy of the National Collegiate Athletic
21 Association's concussion diagnosis and management of
22 sports-related concussion best practices.
23 (3) A copy of any written policies related to
24 concussions or other sports medicine practices specific to
25 the postsecondary educational institution.
26 (e) A postsecondary educational institution may not

HB4252- 5 -LRB103 34791 RJT 64642 b
1intentionally retaliate against a student-athlete for any of
2the following:
3 (1) Making or filing a complaint, in good faith, about
4 a violation of a student-athlete's rights granted under
5 any applicable statute, rule, or policy.
6 (2) Testifying or otherwise assisting in an
7 investigation into a violation of a student-athlete's
8 rights granted under any applicable statute, rule, or
9 policy.
10 (3) Opposing any practices that the student-athlete,
11 in good faith, believes are a violation of a
12 student-athlete's rights granted under any applicable
13 statute, rule, or policy.
14 For purposes of this subsection (e), retaliation includes,
15but is not limited to:
16 (1) a reduction in or loss of any educational
17 benefits, including scholarships and stipends;
18 (2) a reduction in or loss of any meal benefits
19 provided to a student-athlete; or
20 (3) a reduction in or loss of any housing benefits
21 provided to a student-athlete, including the relocation of
22 a student-athlete to different housing owned by the
23 postsecondary educational institution.
24Retaliation under this subsection (e) does not include an
25action taken, in good faith, by a postsecondary educational
26institution on the basis of conduct other than that described

HB4252- 6 -LRB103 34791 RJT 64642 b
1in this subsection (e).
2 This subsection (e) may not be construed to restrict the
3authority of a postsecondary educational institution to impose
4interim measures or, upon a finding of responsibility,
5permanent consequences on a student-athlete who has been
6accused of sexual harassment or violence.
7 (f) A postsecondary educational institution may establish
8a medical trust fund that student-athletes may access for at
9least 5 years after leaving the postsecondary educational
10institution.
11 (g) Each postsecondary educational institution offering
12athletic programs for student-athletes shall hire or appoint
13an ombudsperson, independent of the athletic department, who
14may be an employee of the postsecondary educational
15institution, to provide student-athletes with:
16 (1) independent advice at no cost about the provisions
17 of this Act as they apply to student-athletes;
18 (2) a person to report misconduct or suspected
19 misconduct, including misconduct or suspected misconduct
20 encountered in the course of time spent as a
21 student-athlete, prospective student-athlete, or former
22 student-athlete, including, but not limited to hazing, the
23 use of or pressure to use illegal performance enhancing
24 drugs, substance abuse, and the intervention of coaches or
25 athletic administrators in the individual medical
26 decisions of a student-athlete with the purpose of having

HB4252- 7 -LRB103 34791 RJT 64642 b
1 the student-athlete ignore or override medical advice
2 regarding playing through injuries or an injury; and
3 (3) a liaison to the Commission on College Athletics.
4 (h) Each postsecondary educational institution shall make
5available to students and staff the name and contact
6information of the person managing reports of misconduct or
7suspected misconduct under this Act in such a place as other
8similar resources provided by the postsecondary education
9institution.
10 (i) Each postsecondary educational institution shall
11annually certify to the Commission, in writing, by a date
12determined by the Commission, that the postsecondary
13educational institution is in compliance with this Section.
14 Section 20. Commission on College Athletics.
15 (a) The Commission on College Athletics is created. The
16Commission shall be composed of 9 members, appointed by the
17Governor. At least 5 members shall be individuals who
18previously participated in an athletic program at a
19postsecondary educational institution. At least one member
20shall be an attorney licensed in this State. At least one
21member shall be a Title IX coordinator.
22 (b) The Board of Higher Education shall provide
23administrative and other support to the Commission.
24 (c) Members of the Commission shall serve without
25compensation but may be reimbursed for their expenses incurred

HB4252- 8 -LRB103 34791 RJT 64642 b
1in performing their duties.
2 (d) The Commission shall meet initially at the call of the
3Governor, shall select one member as chairperson at its
4initial meeting, and shall thereafter meet at the call of the
5chairperson.
6 (e) The Commission shall pursue research and
7recommendations in association with organizations such as the
8National Collegiate Athletic Association Committee on
9Competitive Safeguards and Medical Aspects of Sports and the
10National Association for Athletics Compliance. The Commission
11shall:
12 (1) actively monitor athletic programs at
13 postsecondary educational institutions;
14 (2) act for the benefit of all student-athletes,
15 without regard to the receipt of grants-in-aid;
16 (3) protect the academic, health, and economic
17 interests of student-athletes;
18 (4) protect and promote the health, wellness, and
19 safety of student-athletes;
20 (5) ensure that student-athlete agents faithfully
21 represent the interests of student-athletes;
22 (6) assist the Board of Higher Education in enforcing
23 this Act in a manner adequate to deter violations and to
24 enforce any penalties adopted by rule; and
25 (7) submit an annual report on athletic programs at
26 postsecondary educational institutions to the Governor and

HB4252- 9 -LRB103 34791 RJT 64642 b
1 the General Assembly.
feedback