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

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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

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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.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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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

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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

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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

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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

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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

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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

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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

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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

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the General Assembly.