Bill Text: NY S00649 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the student athlete bill of rights.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-02-02 - PRINT NUMBER 649A [S00649 Detail]

Download: New_York-2015-S00649-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          649
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in relation to enacting  the  student
         athlete  bill  of  rights;  and  providing  for  the  repeal  of  such
         provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act shall be known and may be cited as the "student
    2  athlete bill of rights".
    3    S 2. The Legislature finds and declares the following:
    4    1. Meeting the educational needs  of  student  athletes  should  be  a
    5  priority for intercollegiate athletic programs.
    6    2.  New  York's  institutions  of higher education that participate in
    7  Division I and Division II intercollegiate athletics collectively gener-
    8  ate millions of dollars annually in media contracts,  and  this  revenue
    9  would not exist without the efforts of student athletes.
   10    3.   Student  athletes  generate  large  revenues  for  many  athletic
   11  programs, spend approximately forty  hours  per  week  participating  in
   12  their  respective sports, and suffer current and historically low gradu-
   13  ation rates.
   14    4.  Providing  adequate  health  and  safety  protection  for  student
   15  athletes can help prevent serious injury and death.
   16    5.  Current and former student athletes can be left to pay for medical
   17  expenses incurred from injuries suffered while participating  in  inter-
   18  collegiate athletics.
   19    6.  Institutions  of  higher  education  should  provide their student
   20  athletes with the same due process protection afforded to  students  who
   21  do not participate in athletics.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03259-01-5
       S. 649                              2
    1    7. Athletic programs in this state are subject to federal gender equi-
    2  ty  requirements  under Title IX of the Education Amendments of 1972 (20
    3  U.S.C. Sec. 1681 et seq.).
    4    8.  An  institution  of higher education should not punish any student
    5  athlete for transferring to another institution of higher education.
    6    9. An institution  of  higher  education  should  not  use  funds  for
    7  purposes  of this part that are dedicated for the benefit of the general
    8  student body.
    9    S 3. The education law is amended by adding a  new  section  679-g  to
   10  read as follows:
   11    S  679-G.  COLLEGIATE ATHLETIC SCHOLARSHIP. 1. DEFINITIONS. AS USED IN
   12  THIS SECTION:
   13    (A) "ATHLETIC ASSOCIATION" MEANS ANY ORGANIZATION THAT IS  RESPONSIBLE
   14  FOR GOVERNING INTERCOLLEGIATE ATHLETIC PROGRAMS.
   15    (B)  "ATHLETIC  PROGRAM"  MEANS AN INTERCOLLEGIATE ATHLETIC PROGRAM AT
   16  ANY INSTITUTION OF HIGHER EDUCATION WITHIN THE MEANING OF PARAGRAPH  (D)
   17  OF THIS SUBDIVISION.
   18    (C) "GRADUATION SUCCESS RATE" MEANS THE PERCENTAGE OF STUDENT ATHLETES
   19  WHO  GRADUATE FROM THAT INSTITUTION OF HIGHER EDUCATION WITHIN SIX YEARS
   20  OF THEIR  INITIAL  ENROLLMENT,  EXCLUDING  OUTGOING  TRANSFERS  IN  GOOD
   21  ACADEMIC  STANDING  WITH  ATHLETIC  ELIGIBILITY REMAINING, AND INCLUDING
   22  INCOMING TRANSFERS. THE RATE IS TO BE CALCULATED BY COMBINING THE  RATES
   23  OF  THE  FOUR MOST RECENT CLASSES THAT ARE AVAILABLE IN THE EXACT MANNER
   24  AS THE RATE IS CALCULATED UNDER NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
   25  RULES.
   26    (D) "INSTITUTION OF HIGHER EDUCATION" MEANS ANY CAMPUS  OF  THE  STATE
   27  UNIVERSITY  OF  NEW  YORK,  THE  CITY  UNIVERSITY OF NEW YORK, COMMUNITY
   28  COLLEGES AS DEFINED IN SECTION SIXTY-THREE HUNDRED ONE OF  THIS  CHAPTER
   29  AND ANY FOUR-YEAR PRIVATE UNIVERSITY LOCATED IN NEW YORK, THAT MAINTAINS
   30  AN INTERCOLLEGIATE ATHLETIC PROGRAM.
   31    (E) "MEDIA RIGHTS" MEANS THE RIGHTS TO MEDIA COVERAGE OF INTERCOLLEGI-
   32  ATE ATHLETICS INCLUDED IN CONTRACTS THAT ARE ENTERED INTO BY INTERCOLLE-
   33  GIATE  ATHLETIC  CONFERENCES  AND  TELEVISION NETWORKS AND THAT GENERATE
   34  MONETARY PAYMENTS TO INDIVIDUAL INSTITUTIONS OF HIGHER EDUCATION.
   35    (F) "STUDENT ATHLETE" MEANS ANY COLLEGE STUDENT WHO PARTICIPATES IN AN
   36  INTERCOLLEGIATE ATHLETIC PROGRAM OF AN INSTITUTION OF HIGHER  EDUCATION,
   37  AND  INCLUDES  STUDENT ATHLETES WHO PARTICIPATE IN BASKETBALL, FOOTBALL,
   38  AND OTHER INTERCOLLEGIATE SPORTS.
   39    2. SCHOLARSHIP. COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND
   40  SEVENTEEN ACADEMIC YEAR, AN ATHLETIC PROGRAM SHALL COMPLY  WITH  ALL  OF
   41  THE FOLLOWING:
   42    (A)  (1) IF AN ATHLETIC PROGRAM DOES NOT RENEW AN ATHLETIC SCHOLARSHIP
   43  OF A STUDENT ATHLETE WHO SUFFERS AN  INCAPACITATING  INJURY  OR  ILLNESS
   44  RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLETIC PROGRAM, AND THE
   45  INSTITUTION  OF  HIGHER  EDUCATION'S MEDICAL STAFF DETERMINES THAT HE OR
   46  SHE IS MEDICALLY INELIGIBLE TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS,
   47  THE INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE AN EQUIVALENT SCHOLAR-
   48  SHIP THAT, COMBINED WITH THE TOTAL DURATION  OF  ANY  PREVIOUS  ATHLETIC
   49  SCHOLARSHIP  OR  SCHOLARSHIPS  RECEIVED  BY THE STUDENT ATHLETE, WILL BE
   50  PROVIDED FOR A TOTAL OF UP TO FIVE ACADEMIC YEARS OR UNTIL  THE  STUDENT
   51  ATHLETE  COMPLETES  HIS OR HER UNDERGRADUATE DEGREE, WHICHEVER PERIOD IS
   52  SHORTER. ADDITIONAL YEARS MAY BE  PROVIDED  AT  THE  DISCRETION  OF  THE
   53  INSTITUTION OF HIGHER EDUCATION.
   54    (2)  IF  A  STUDENT ATHLETE TAKES A TEMPORARY LEAVE OF ABSENCE FROM AN
   55  INSTITUTION OF HIGHER EDUCATION, THE DURATION OF THAT LEAVE  OF  ABSENCE
       S. 649                              3
    1  SHALL NOT COUNT AGAINST THE FIVE-YEAR LIMIT ON ELIGIBILITY FOR AN EQUIV-
    2  ALENT SCHOLARSHIP AS PROVIDED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.
    3    (3)  AN  ATHLETIC PROGRAM SHALL PROVIDE AN EQUIVALENT SCHOLARSHIP TO A
    4  STUDENT ATHLETE WHO WAS ON AN ATHLETIC SCHOLARSHIP AND IS IN GOOD STAND-
    5  ING, BUT HAS EXHAUSTED HIS OR HER ATHLETIC ELIGIBILITY, FOR  UP  TO  ONE
    6  YEAR  OR  UNTIL  THE STUDENT ATHLETE COMPLETES HIS OR HER PRIMARY UNDER-
    7  GRADUATE DEGREE,  WHICHEVER  IS  SHORTER;  PROVIDED,  HOWEVER,  THAT  AN
    8  ATHLETIC  PROGRAM  WITH  A  GRADUATION  SUCCESS RATE THAT IS ABOVE SIXTY
    9  PERCENT, DISAGGREGATED BY TEAM, SHALL NOT BE SUBJECT TO THE REQUIREMENTS
   10  OF THIS PARAGRAPH.
   11    (4) A STUDENT ATHLETE WHOSE ATHLETIC SCHOLARSHIP IS  NOT  RENEWED  FOR
   12  CAUSE  BY AN ATHLETIC PROGRAM SHALL RECEIVE NO BENEFITS UNDER THIS PART,
   13  BUT MAY APPEAL THIS DECISION WITHIN THE INSTITUTION OF HIGHER  EDUCATION
   14  ATTENDED BY THE STUDENT OR WITHIN THE ATHLETIC CONFERENCE OR ASSOCIATION
   15  OF  WHICH THAT INSTITUTION OF HIGHER EDUCATION IS A MEMBER, AS APPROPRI-
   16  ATE.
   17    3. FINANCIAL AND LIFE SKILLS COUNSELING. EACH ATHLETIC  PROGRAM  SHALL
   18  CONDUCT  A  FINANCIAL AND LIFE SKILLS WORKSHOP FOR ALL OF ITS FIRST-YEAR
   19  AND THIRD-YEAR STUDENT ATHLETES AT THE BEGINNING OF THE  ACADEMIC  YEAR.
   20  THIS WORKSHOP SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION CONCERN-
   21  ING  FINANCIAL  AID, DEBT MANAGEMENT, AND A RECOMMENDED BUDGET FOR FULL-
   22  AND PARTIAL-SCHOLARSHIP STUDENT ATHLETES LIVING ON OR OFF CAMPUS  DURING
   23  THE  ACADEMIC  YEAR  AND  THE  SUMMER TERM BASED ON THE CURRENT ACADEMIC
   24  YEAR'S COST OF ATTENDANCE. THE WORKSHOP SHALL ALSO  INCLUDE  INFORMATION
   25  ON  TIME  MANAGEMENT  SKILLS NECESSARY FOR SUCCESS AS A STUDENT ATHLETE,
   26  AND ACADEMIC RESOURCES AVAILABLE ON CAMPUS.
   27    4. DISCIPLINARY ACTIONS. AN  INSTITUTION  OF  HIGHER  EDUCATION  SHALL
   28  GRANT A STUDENT ATHLETE THE SAME RIGHTS AS OTHER STUDENTS WITH REGARD TO
   29  ANY AND ALL MATTERS RELATED TO POSSIBLE ADVERSE OR DISCIPLINARY ACTIONS,
   30  INCLUDING,  BUT  NOT  NECESSARILY  LIMITED TO, ACTIONS INVOLVING ATHLET-
   31  ICALLY RELATED FINANCIAL AID.
   32    5. REQUEST FOR TRANSFER. AN  ATHLETIC  PROGRAM  SHALL  RESPOND  WITHIN
   33  SEVEN  BUSINESS  DAYS  WITH  AN  ANSWER  TO  A STUDENT ATHLETE'S WRITTEN
   34  REQUEST TO TRANSFER TO ANOTHER INSTITUTION OF HIGHER EDUCATION.
   35    6. INSURANCE. (A) UNLESS A STUDENT ATHLETE  DECLINES  THE  PAYMENT  OF
   36  PREMIUMS, AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE PREMI-
   37  UMS  OF  EACH  STUDENT  ATHLETE  WHOSE HOUSEHOLD HAS AN INCOME AND ASSET
   38  LEVEL THAT DOES NOT EXCEED THE FEDERAL POVERTY LEVEL, AS ADJUSTED  ANNU-
   39  ALLY, FOR INSURANCE COVERING CLAIMS RESULTING FROM THE STUDENT ATHLETE'S
   40  PARTICIPATION IN THE ATHLETIC PROGRAM.
   41    (B)  AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE INSURANCE
   42  DEDUCTIBLE AMOUNT APPLICABLE TO THE CLAIM OF  ANY  STUDENT  ATHLETE  WHO
   43  SUFFERS AN INJURY RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLET-
   44  IC PROGRAM AND MAKES A CLAIM RELATING TO THAT INJURY.
   45    (C)  IF  A STUDENT ATHLETE SUFFERS AN INJURY RESULTING FROM HIS OR HER
   46  PARTICIPATION IN THE ATHLETIC  PROGRAM  THAT  REQUIRES  ONGOING  MEDICAL
   47  TREATMENT,  THE  ATHLETIC  PROGRAM  SHALL  PROVIDE, FOR A MINIMUM OF TWO
   48  YEARS FOLLOWING THE STUDENT ATHLETE'S GRADUATION OR SEPARATION FROM  THE
   49  INSTITUTION OF HIGHER EDUCATION, ONE OF THE FOLLOWING:
   50    (1)  ALL  MEDICAL  TREATMENT  NECESSARY  FOR  TREATMENT OF THE STUDENT
   51  ATHLETE'S INJURY OR CONDITION; OR
   52    (2) HEALTH INSURANCE IN AN AMOUNT SUFFICIENT TO PROVIDE  COVERAGE  FOR
   53  ALL  MEDICAL  TREATMENT NECESSARY FOR TREATMENT OF THE STUDENT ATHLETE'S
   54  INJURY OR CONDITION, TOGETHER WITH ALL RESULTING DEDUCTIBLE AMOUNTS.
       S. 649                              4
    1    (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PRE-EXISTING
    2  MEDICAL CONDITIONS THAT PRE-DATE THE STUDENT ATHLETE'S PARTICIPATION  IN
    3  THE ATHLETIC PROGRAM.
    4    7.  GUIDELINES.  AN  ATHLETIC PROGRAM SHALL ADOPT AND IMPLEMENT GUIDE-
    5  LINES TO PREVENT, ASSESS, AND TREAT SPORTS-RELATED CONCUSSIONS AND DEHY-
    6  DRATION.  IN ADDITION, AN ATHLETIC PROGRAM  SHALL  ADOPT  AND  IMPLEMENT
    7  EXERCISE  AND  SUPERVISION GUIDELINES FOR ANY STUDENT ATHLETE IDENTIFIED
    8  WITH POTENTIALLY LIFE-THREATENING HEALTH CONDITIONS WHO PARTICIPATES  IN
    9  AN ATHLETIC PROGRAM.
   10    8.  APPLICABILITY.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
   11  TO AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES, AS AN AVERAGE, LESS
   12  THAN TEN MILLION DOLLARS IN ANNUAL INCOME DERIVED FROM MEDIA RIGHTS  FOR
   13  INTERCOLLEGIATE ATHLETICS.
   14    (B)  AN  INSTITUTION  OF HIGHER EDUCATION SUBJECT TO THE PROVISIONS OF
   15  THIS SECTION SHALL RELY EXCLUSIVELY ON REVENUE DERIVED FROM MEDIA RIGHTS
   16  FOR INTERCOLLEGIATE ATHLETICS TO DEFRAY ANY  COSTS  ACCRUED  UNDER  THIS
   17  SECTION.
   18    S  4.  This  act shall take effect immediately and shall expire and be
   19  deemed repealed on June 30, 2026.