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S. 4668IntroducedSenateHouse · nowPresidentLawIn the House
Sec. 105 · S. 4668

Academic protections

Title I — Protections of student athletes and fair competition

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The wording changed from Committee version to Passed the Senate. Removed words are struck through; added words are underlined.

How the text changed

Committee version · Sec. 105

(a) Prohibitions relating to coursework and extracurricular activities (1) In general An employee or volunteer of an athletic department of an institution may not— (A) exert undue pressure over or prevent a student athlete from selecting a course or an academic major of the student athlete’s choice; (B) retaliate against a student athlete based on the student athlete’s selection of any course or academic major; or (C) prevent a student athlete who seeks to secure employment or internships, participate in student groups or events, or serve as a volunteer from doing so, unless such activity interferes with mandatory class time or mandatory events related to intercollegiate athletic competition or membership on a varsity sports team. (2) Participation in athletic related activities In order to ensure each student athlete makes satisfactory progress toward the completion of a degree, each intercollegiate athletic association and any institution that is a member of such association may limit a student athlete to only participate in countable athletic-related activities as part of the educational, developmental, or extracurricular programs of the institution. (3) Rule of construction Paragraph (1) may not be construed as preventing an institution, an athletic department of an institution, or a representative thereof from— (A) informing a student athlete of academic eligibility requirements and mandatory and expected team activities; or (B) providing other legitimate academic counseling and support services, in collaboration with the institution, to help the student athlete pursue the academic interests of and improve academic outcomes for the student athlete. (b) Financial literacy and life skills An institution that offers financial literacy and life skills programming directed to student athletes may not include any marketing, advertising, referral, or solicitation offers in such programming. (c) Scholarship protections (1) In general Except as provided in paragraph (2), an institution that awards a grant-in-aid to a student athlete may not revoke, reduce, or condition the grant-in-aid of the student athlete— (A) based on the athletic ability or performance of the student athlete or the contribution of the student athlete to the success of a varsity sports team; (B) as a result of an injury or illness based on a physical or mental medical condition of the student athlete; or (C) roster management decisions. (2) Exception (A) In general An institution may revoke, reduce, or condition the grant-in-aid of a student athlete or former student athlete who— (i) transfers to another institution; or (ii) does not remain in good standing in accordance with— (I) the standards or code of conduct of the institution applicable to all students; (II) the established athletics program policies for participating in mandatory team athletic activities for a varsity sports team; or (III) the academic standards for athletic eligibility. (B) Notice An institution shall provide a student athlete with timely written notice with respect to any possible revocation or reduction of, or condition on, the grant-in-aid or athletic eligibility of the student athlete. (C) Reinstatement In the case of a revocation or reduction of, or condition on, the grant-in-aid of a student athlete under this paragraph, an institution may reinstate or remove any condition placed on such grant-in-aid if the student athlete subsequently cures or satisfies the reasons provided by the notice in subparagraph (B). (D) Former student athletes (i) In general With respect to a former student athlete described in clause (ii), an institution shall provide the former student athlete— (I) the opportunity to resume study at the institution for the purpose of completing the requirements necessary to earn a degree; and (II) the amount of grant-in-aid the former student athlete received while previously enrolled at the institution and participating— (aa) in intercollegiate athletic competition; or (bb) as a member of a varsity sports team. (ii) Former student athlete described A former student athlete described in this subparagraph is a former student athlete of an institution who— (I) was enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition during the preceding 10-year period; (II) received grant-in-aid while enrolled at the institution; (III) was not subject to the revocation of grant-in-aid under subparagraph (A)(ii)(I); and (IV) has not completed the course of study for an undergraduate degree. (iii) Application This subparagraph applies only to institutions that compete in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or successor bylaw. (E) Rule of construction Nothing in this paragraph may be construed to preclude— (i) an institution from providing additional grant-in-aid protections for student athletes or former student athletes; or (ii) an intercollegiate athletic association, conference, institution, student athlete, or former student athlete from requesting or advocating for additional grant-in-aid protections. (3) Limitation Subsection (c)(2)(D) shall apply only to institutions that compete in Division I as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.

•S 4668 RSSEC. 105
Passed the Senate · Sec. 105

(a) Prohibitions relating to coursework and extracurricular activities (1) In general An employee or volunteer of an athletic department of an institution may not— (A) exert undue pressure over or prevent a student athlete from selecting a course or an academic major of the student athlete’s choice; (B) retaliate against a student athlete based on the student athlete’s selection of any course or academic major; or (C) prevent a student athlete who seeks to secure employment or internships, participate in student groups or events, or serve as a volunteer from doing so, unless such activity interferes with mandatory class time or mandatory events related to intercollegiate athletic competition or membership on a varsity sports team. (2) Participation in athletic related activities In order to ensure each student athlete makes satisfactory progress toward the completion of a degree, each intercollegiate athletic association and any institution that is a member of such association may limit a student athlete to only participate in countable athletic-related activities as part of the educational, developmental, or extracurricular programs of the institution. (3) Rule of construction Paragraph (1) may not be construed as preventing an institution, an athletic department of an institution, or a representative thereof from— (A) informing a student athlete of academic eligibility requirements and mandatory and expected team activities; or (B) providing other legitimate academic counseling and support services, in collaboration with the institution, to help the student athlete pursue the academic interests of and improve academic outcomes for the student athlete. (b) Financial literacy and life skills An institution that offers financial literacy and life skills programming directed to student athletes may not include any marketing, advertising, referral, or solicitation offers in such programming. (c) Scholarship protections (1) In general Except as provided in paragraph (2), an institution that awards a grant-in-aid to a student athlete may not revoke, reduce, or condition the grant-in-aid of the student athlete— (A) based on the athletic ability or performance of the student athlete or the contribution of the student athlete to the success of a varsity sports team; (B) as a result of an injury or illness based on a physical or mental medical condition of the student athlete; or (C) roster management decisions. (2) Exception (A) In general An institution may revoke, reduce, or condition the grant-in-aid of a student athlete or former student athlete who— (i) transfers to another institution; or (ii) does not remain in good standing in accordance with— (I) the standards or code of conduct of the institution applicable to all students; (II) the established athletics program policies for participating in mandatory team athletic activities for a varsity sports team; or (III) the academic standards for athletic eligibility. (B) Notice An institution shall provide a student athlete with timely written notice with respect to any possible revocation or reduction of, or condition on, the grant-in-aid or athletic eligibility of the student athlete. (C) Reinstatement In the case of a revocation or reduction of, or condition on, the grant-in-aid of a student athlete under this paragraph, an institution may reinstate or remove any condition placed on such grant-in-aid if the student athlete subsequently cures or satisfies the reasons provided by the notice in subparagraph (B). (D) Former student athletes (i) In general With respect to a former student athlete described in clause (ii), an institution shall provide the former student athlete— (I) the opportunity to resume study at the institution for the purpose of completing the requirements necessary to earn a degree; and (II) either— (aa) the amount of grant-in-aid the former student athlete received while previously enrolled at the institution and participating— (AA) in intercollegiate athletic competition; or (BB) as a member of a varsity sports team; or (bb) in the case of grant-in-aid previously awarded solely on the basis of demonstrated financial need, grant-in-aid awarded based on the current demonstrated financial need of the former student athlete. (ii) Former student athlete described A former student athlete described in this subparagraph is a former student athlete of an institution who— (I) was enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition during the preceding 10-year period; (II) received grant-in-aid while enrolled at the institution; (III) was not subject to the revocation of grant-in-aid under subparagraph (A)(ii)(I); and (IV) has not completed the course of study for an undergraduate degree. (E) Rule of construction Nothing in this paragraph may be construed to preclude— (i) an institution from providing additional grant-in-aid protections for student athletes or former student athletes; or (ii) an intercollegiate athletic association, conference, institution, student athlete, or former student athlete from requesting or advocating for additional grant-in-aid protections. (3) Limitation Paragraph (2)(D) shall apply only to institutions that compete in Division I, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw.

•S 4668 ESSEC. 105

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