California Assembly Bill 2079.
NUMBER: AB 2079 CHAPTERED BILL TEXT
CHAPTER 592
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 26, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 12, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Members Torlakson and Davis FEBRUARY 18, 2010
An act to add Section 67365 to the Education Code, relating to student athletes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2079, Torlakson. Student athletes: scholarships.
Existing law prohibits any person from giving, offering, promising, or attempting to give any money or any other thing of value to any particular student athlete or member of the immediate family of the student athlete for purposes of inducing or encouraging the student athlete's application, enrollment, or attendance at a public or private institution of postsecondary education in order to have the athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution, except in accordance with the bylaws of the National Collegiate Athletic Association, as specified.
This bill, commencing January 1, 2012, would require a California postsecondary educational institution that offers athletic scholarships, or that provides, by any delivery method, written material regarding its athletic program to a student athlete, to provide specified information on its Internet Web site that describes, among other things, the institution's athletic program's policies concerning athletic scholarship issuance, renewal, release, and medical expenses.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67365 is added to the Education Code, to read:
67365. (a) For purposes of this section, the following definitions shall apply:
(1) "Athletic program" means any intercollegiate athletic program from a postsecondary educational institution in the State of California that solicits student athletes to apply, enroll, or attend the postsecondary educational institution in order to have the student athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution.
(2) "Student athlete" means an individual who attends an elementary, junior high, high school, or postsecondary educational institution, and who participates in any interscholastic athletic program in California, including an individual who receives scholarship funds for his or her athletic participation and an individual who does not receive scholarship funds for his or her athletic participation.
(b) Commencing January 1, 2012, a California postsecondary educational institution that offers athletic scholarships shall provide all of the following information on its Internet Web site:
(1) All of the following athletic scholarship information:
(A) The most recent cost of attendance expenses as published by the postsecondary educational institution's financial aid offices for the academic year and for the summer year.
(B) The sum of expenses identified in subparagraph (A) that are prohibited from inclusion in a full grant-in-aid athletic scholarship pursuant to the National Collegiate Athletic Association's (NCAA) rules and regulations.
(C) The policy of the postsecondary educational institution's athletic program as to whether student athletes will receive athletic scholarships for summer school, and, if so, whether these scholarships are proportional to athletic scholarships received during the regular academic school year.
(D) The average monthly full grant-in-aid athletic scholarship payment received by student athletes who live on-campus and off-campus, respectively, during the regular academic year and summer school session.
(E) The following information relating to NCAA scholarship rules:
"Pursuant to NCAA rules, a verbal commitment is not binding on either the student athlete or the institution. The National Letter of Intent is a binding agreement between a prospective student athlete and an institution in which the institution agrees to provide a prospective student athlete who is admitted to the institution and is eligible for financial aid under NCAA rules athletics aid for one academic year in exchange for the prospective student athlete's agreement to attend the institution for one academic year. The National Letter of Intent must be accompanied by an institutional financial aid agreement. If the prospective student athlete signs the National Letter of Intent but does not enroll at that institution for a full academic year, he or she may be subject to specific penalties, including loss of a season of eligibility and a mandatory residence requirement."
(2) All of the following athletic scholarship renewal information:
(A) The NCAA's policy on scholarship duration.
(B) The policy of the postsecondary educational institution's athletic program concerning the renewal or nonrenewal of an athletic scholarship, including circumstances in which a student athlete in good standing suffers a temporary or permanent sports-related injury, there is a coaching change, or a student athlete's athletic performance is deemed to be below expectations.
(3) All of the following athletically related medical expenses information:
(A) The NCAA's policy on whether athletic programs are mandated to pay for athletically related medical expenses.
(B) The policy of the postsecondary educational institution's athletic program on whether it will pay for student athletes' athletically related medical expenses, including deductibles, copays, co-insurance, and whether the program will pay for athletically related medical expenses that exceed any maximum insurance coverage limits.
(C) The policy of the institution's athletic program concerning who is required to pay for any required athletically related insurance premiums for student athletes who do not have such insurance.
(D) The duration of time the postsecondary educational institution's athletic program continues to pay for athletically related medical expenses after a student athlete's athletic eligibility expires.
(E) Whether or not an athletic program's medical policy covers expenses associated with attaining a second medical opinion for an athletically related injury from a medical physician who is not associated with the athletic program, and whether the athletic program provides coverage for services received by such a physician.
(4) All of the following athletic release information:
(A) The NCAA policy on whether an athletic program may refuse to grant an athletic release to a student athlete who wishes to transfer to another postsecondary educational institution.
(B) The policy of the postsecondary educational institution's athletic program concerning whether it may use any power to refuse to grant an athletic release for a student athlete who wishes to transfer to another postsecondary educational institution.
(c) Commencing January 1, 2012, a postsecondary educational institution that provides, by any delivery method, written material regarding its athletic program to a student athlete shall include a direct link to the institution's Internet Web page, where the student athlete shall be able to access all of the information regarding the institution's athletic scholarship program as described in subdivision (b).
For all current and prospective student athletes, the following information is provided in accordance with the requirements of California Assembly Bill No. 2079 (above) in regards to NCAA and UC Irvine Department of Athletics policies concerning athletic scholarship issuance, renewal, release, and medical expenses. Should you require further assistance regarding UC Irvine Athletic Department policies, please contact the UC Irvine Department of Athletics.
Athletic Scholarships
Pursuant to NCAA rules, a verbal commitment is not binding on
either the student-athlete or the institution. The National
Letter of Intent is a binding agreement between a prospective
student-athlete and an institution in which the institution agrees
to provide a prospective student-athlete who is admitted to the
institution and is eligible for financial aid under NCAA rules
athletics aid for one academic year in exchange for the prospective
student-athlete’s agreement to attend the institution for one
academic year. The National Letter of Intent must be
accompanied by an institutional financial aid agreement. If
the prospective student athlete signs the National Letter of Intent
but does not enroll at that institution for a full academic year,
he or she may be subject to specific penalties, including loss of a
season of eligibility and a mandatory residence requirement.
(Per NCAA Bylaw, Article 15 – Financial Aid)
The most recent cost of attendance estimates for California residents, as published by the UC Irvine Office of Financial Aid and scholarships, is listed below for your information. It was extracted from their website on 12/19/11; for the most current cost of attendance information, please refer to the Office of Financial Aid website directly: http://www.ofas.uci.edu/content/costs.aspx?nav=1
Regular academic
term
Off-campus residents (living at home):
$23,353
On-campus residents: $29,425
Off-campus residents (living in apartments): $28,708
|
ESTIMATED BUDGETS FOR 2011-12 Undergraduate Students |
|||
|
For nonresidents of California, add $22,878* Nonresident Tuition and Fees to the costs below. |
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|
|
Living at Home (with parents) |
Living on Campus |
Living Off-Campus (apartments) |
|
Books and Supplies** |
$1,553.00 |
$1,553.00 |
$1,553.00 |
|
Room and Board |
$4,386.00 |
$11,611.00 |
$9,541.00 |
|
Personal |
$1,668.00 |
$1,338.00 |
$1,688.00 |
|
Transportation |
$1,776.00 |
$953.00 |
$1,956.00 |
|
Subtotal |
$9,383.00 |
$15,455.00 |
$14,738.00 |
|
|
|||
|
Systemwide Fees |
$12,192.00 |
$12,192.00 |
$12,192.00 |
|
Campus Fees |
$1,778.00 |
$1,778.00 |
$1,778.00 |
|
Fees* |
$13,970.00 |
$13,970.00 |
$13,970.00 |
|
|
|||
|
Total |
$23,353.00 |
$29,425.00 |
$28,708.00 |
Summer Session term
By University policy, summer fees are based on the fees charged in the subsequent academic year. At time of publication (12/19/11), fees for 2012 Summer Session are still pending the State’s final budget and approval by the Regents of the University of California. Accordingly, your fees may be adjusted at any time. Please refer directly to the Summer Sessions website directly for the most current information:
http://www.summer.uci.edu/services/financial/fees.aspx
**The figures listed above for “Books and Supplies” are estimates provided by the UC Irvine Office of Financial Aid. UC Irvine Athletics provides a “book loan” system for student-athletes receiving book scholarships, so there will be no monetary funds dispersed to student-athletes for “books and supplies.” Additionally, NCAA rules dictate that fees may not be used for “supplies.”
*USHIP fees are included in figure for total fees above; however, they are not covered by athletic grant in aid.
USHIP fees for undergraduates total $849 for 2011-12.
The most recent fee schedule can be found at: https://wfis.wellsfargo.com/ProductServices/A%20to%20Z/StudentInsurance/ucship/ucirvine/plancosts/
Per the NCAA (Bylaw 15.02.5), a full grant-in-aid is financial aid that consists of tuition and fees, standard room and board, and required textbooks.
In the estimated cost of attendance figures shown above, the following amounts would not be covered by full grant-in-aid per the NCAA:
Regular academic term
Off-campus residents (at home): $5,846
On-campus residents: $4,693
Off-campus residents (apartment): $6,046
These sums include figures in “Personal” and “Transportation” columns, books and supplies, plus the $849 USHIP fee. Books will be provided through UC Irvine’s book loan program.
At UC Irvine, scholarship payments are disbursed through the Office of Financial Aid and Scholarships quarterly (not monthly). Typically, student-athletes living on-campus will not receive a stipend check, as the payments are utilized directly by campus accounts needing payment (i.e., tuition and fees, residence hall payment, etc.). Student-athletes receiving scholarships will have payments disbursed (on-campus residents) or will receive checks (off-campus residents) three times during the academic year.
For student-athletes receiving a full grant-in-aid scholarship, the average monthly scholarship payment is*:
Regular academic
term
On-campus - $2,826
Off-campus - $5,368
*For the 2011-12 year, the full GIA amount for in-state students is $25,437. The amount for non-resident students is $48,315. These figures were divided by 9 months to reach the average monthly scholarship payment figure.
Summer School Policy
Under certain circumstances, a small number of student-athletes who
need to take summer school for a particular reason, including
maintaining their eligibility or satisfactory progress toward their
degree, may receive athletic financial aid. Summer
athletic aid is NOT guaranteed for any student-athlete.
Funds will be awarded at the discretion of the head coach,
with approval of the Athletic Director (or his designee). By
NCAA rules, aid MAY be proportionate to what is received during the
year.
A student-athlete seeking summer school athletic aid must submit a written request to his/her head coach, to be approved by the Director of Intercollegiate Athletics (or his designee), which approval shall be within the sole discretion of the Director and subject to availability of funds.
Scholarship Renewal
Per NCAA policy (Bylaws 15.02.7 and 15.3.3.1), athletic scholarships shall not be awarded in excess of one academic year.
Per UC Irvine Athletics policy, scholarships will be renewable yearly, at the discretion of the head coach.
Student-athletes will be notified in writing on or before July 1
about the renewal status of the athletic scholarship for the
following academic year. If the head coach recommends that an
athletic scholarship not be renewed, the student-athlete will be
notified in writing by July 1. The student will then have the
opportunity and the right to a hearing to appeal this decision.
At UC Irvine, the hearing will be held by a University
Financial Aid Committee from the Office of Financial Aid and
Scholarships.
During the term of the award, the following conditions cannot be
used as reasons to reduce or cancel a student-athlete’s
athletic scholarship (NCAA Bylaw 15.3.4.3):
- Illness or injury which prevents participation, or
- Athletic ability, performance, or contribution to a team’s
success.
Athletic scholarships may be reduced or cancelled during the term of the award for the following reasons (NCAA Bylaw 15.3.4.2):
- An individual becomes ineligible for intercollegiate competition.
- Information on the admission application, financial aid agreement, Letter of Intent, or NCAA Student-Athlete Statement was misrepresented by the student.
- The student engaged in misconduct and is placed on probation by the regular student disciplinary authority which prohibits participation in athletics.
- The student voluntarily withdraws from the team prior to, during, or after the sport season in which the athletic grant was awarded.
Following the completion of the term of the grant, the head coach will make all determinations regarding renewal, reduction, or cancellation of scholarship. Reasons for nonrenewal may include (but are not limited to):
-temporary or permanent sports-related injury, coaching change, or athletic performance below expectations.
Medical Expenses
The NCAA requires member institutions to certify insurance coverage for medical expenses resulting from athletically related injuries while participating in defined covered events. This insurance coverage must be of equal or greater value than the deductible of the NCAA catastrophic injury insurance program and may be provided through parents' or guardians’ insurance coverage, participant's personal insurance coverage, or the institution's insurance programs.
As a requirement of enrollment at UC Irvine, all undergraduate students are required to have health insurance coverage. In all injury cases, the UC Irvine Sports Medicine staff will make every effort to use the student-athlete's primary insurance.
All student-athletes who are cleared medically and declared eligible for practice/competition are covered by his/her own personal primary insurance, secondary (excess) insurance provided by UC Irvine, and the NCAA's catastrophic insurance program. This policy is for intercollegiate athletics injuries only. UC Irvine’s secondary insurance program is designed to cover expenses not covered by the individual or family coverage. UC Irvine Athletics also participates in the NCAA Catastrophic Injury Insurance Program, and will utilize this program when necessary.
In cases where the athlete’s personal insurance does not cover medical costs associated with an injury which occurred during participation, the UC Irvine insurance policy will cover the medical costs referred by the Sports Medicine staff and deemed reasonable and customary by the insurance company. Although we try to purchase the most comprehensive policy within our resources, this is not an all-inclusive policy. The secondary insurance policy may have limitations that define the care that we are able to provide.
The university athletic policy is only responsible for costs deemed reasonable and customary for services authorized by Athletics Sports Medicine. Student-athletes that pursue independent care without prior written authorization will be responsible for those associated costs.
On all athletic-related injuries, medical referrals must be made by the Sports Medicine staff in writing, with direction from the athletics team physicians, in order to be covered by secondary insurance. The Athletic Department is not financially responsible for any unauthorized doctors' appointments or treatments arranged by the student-athlete, the student-athlete’s parent(s)/guardian(s), or the coach. Again, student-athletes that pursue independent care without prior written authorization will be responsible for those associated costs.
Policies concerning Athletic Release
The NCAA has specific regulations regarding transfers (please refer to NCAA sections 14.5.5.5.2.10; 13.1.1.3). A student who transfers to an NCAA member institution from any collegiate institution is required to complete one full academic year of residence at the certifying institution before being eligible to compete for or to receive travel expenses from the member institution, unless the student satisfies the applicable transfer requirements or qualifies for an exception as set forth in bylaw 14.5.1. The most commonly used exception is the one-time transfer exception, which must be approved by the postsecondary educational institution.
If a student-athlete is interested in transferring to another institution, the student must first obtain permission from the UC Irvine Athletic Department before another institution can be in contact. The UC Irvine Athletic Department reviews transfer requests on a case-by-case basis, and will grant the request at the discretion of the head coach.
If the request for release is denied, the student-athlete may pursue the following grievance procedure.
FORMAL GRIEVANCE PROCEDURE
If the attempt at an informal resolution is unsuccessful or is not appropriate given the circumstances of the situation, a student-athlete may set forth, in writing, a “Formal Grievance” which details the substance of the complaint, the grounds upon which it is based, all evidence supporting the complaint, and a description of the steps taken to date to resolve the matter. This Formal Grievance must be submitted to the Director of Intercollegiate Athletics within 30 days after the action that is the subject of the Formal Grievance occurred. A delay in filing a Formal Grievance may be grounds for rejection. The Director (or his/her designee) shall promptly initiate a review of the Formal Grievance which should normally be completed within 30 days. Once the investigation and inquiry is complete, the Director (or his/her designee) will issue a decision in writing.
FORMAL GRIEVANCE APPEAL
Except for appeals related to grant-in-aid (which must be held in accordance with NCAA and the Office of Financial Aid and Scholarships regulations and procedures), a student-athlete may appeal the decision of the Director to the Appeals Committee (described below) only if all of the following requirements are met:
1. The appeal is in writing;
2. The appeal is submitted within 10 days from the issuance of the Director’s decision; and 3. The appeal is expressly based on one of the following grounds:
- There is new evidence which could not be addressed during the Formal Grievance review
- There was a violation of due process; or
- The sanction imposed was too harsh given the finding of fact.
The “Appeals Committee” shall consist of the following: (1) the Faculty Athletics Representative, (2) a representative from the Office of Student Conduct, (3) a representative from the Office of Equal Opportunity and Diversity, and (4) a representative from the Office of Financial Aid and Scholarships.
The Director (or his/her designee) will also be an ex officio, non-voting member of the Appeals Committee.
Upon completion of the review by the Appeals Committee, it may affirm, modify, or reverse the Formal Grievance decision. The Appeals Committee should normally complete its review and issue its decision in writing within 30 days. The decision of the Appeals Committee is final.
