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S. 2932IntroducedSenate · nowHousePresidentLawIn committee
Sec. 1004 · S. 2932

Whistleblower protections

Title X — Enforcement and oversight

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(a) In general An institution, conference, or athletic association, or any agent thereof, shall not, directly or indirectly, discharge, demote, suspend, diminish or withdraw benefits from, threaten, harass, or in any other manner discriminate against or adversely impact a covered individual because— (1) the covered individual, or anyone perceived as assisting the covered individual, takes (or the institution suspects that the covered individual has taken or will take) a lawful action in providing to an agency of the Federal Government, the attorney general of a State, a law enforcement agency, or health care provider information relating to any act or omission that the covered individual reasonably believes to be a violation of this Act, any amendment made by this Act, or any regulation prescribed to carry out this Act or any amendment made by this Act; (2) the covered individual provides information that the covered individual reasonably believes evidences such a violation to— (A) a person with supervisory authority over the covered individual at the institution; or (B) another individual working for the institution, a conference, or an athletic association who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation; (3) the covered individual testifies (or the institution expects that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; or (4) the covered individual assists or participates (or the institution expects that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding, or the covered individual takes any other action to assist in carrying out the purposes of this Act or the amendments made by this Act. (b) Enforcement An individual who alleges any adverse action in violation of subsection (a) may bring an action for a jury trial in the appropriate district court of the United States for the following relief: (1) Temporary relief while the case is pending. (2) Reinstatement with the same seniority status that the individual would have had, but for the adverse action. (3) Three times the amount of back pay otherwise owed to the individual, with interest. (4) Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees. (c) Waiver of rights and remedies The rights and remedies provided for in this section shall not be waived by any policy form, condition of employment, or athletic agreement or participation, including any pre-dispute arbitration agreement. (d) Pre-Dispute arbitration agreements No pre-dispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section. (e) Covered individual defined In this section, the term covered individual means a current or former student athlete, or a current or former employee, contractor, subcontractor, service provider, or agent of an institution, conference, or athletic association.

Sec. 1004: Whistleblower protections · Public Law Tracker