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S. 4668IntroducedSenateHouse · nowPresidentLawIn the House
Sec. 108 · S. 4668

Office of the Student Athlete Ombudsman

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 → Passed the Senate · Sec. 108

(a) In general An intercollegiate athletic association shall establish an office to support student athletes, known as the Office of the Student Athlete Ombudsman (in this section referred to as the Office). (b) Duties The Office shall— (1) provide independent advice to student athletes at no cost about the applicable requirements of this title and the amendments made by this title, including with respect to their rights and responsibilities and the resources available; (2) assist in the resolution of student athlete concerns regarding the intercollegiate athletic association, conferences, or institutions; (3) provide independent advice to student athletes with respect to the role, responsibility, authority, and jurisdiction of the intercollegiate athletic association, conferences, or institutions; (4) provide student athletes with current contact information for external third-party resources for student athletes; and (5) provide independent advice to student athletes with respect to the relative value of engaging legal counsel. counsel; (6) develop standard language to explain the rights and responsibilities of student athletes under this Act that institutions shall be required to conspicuously display in common areas where student athletes congregate, such as locker rooms, dormitories, or study areas, to ensure that student athletes are properly informed of their rights, responsibilities, and ability to contact the Ombudsman; and (7) as appropriate, develop curricula to educate student athletes on their rights and responsibilities under this Act that is capable of being shared through in person or online classes, training sessions, or other means. (c) Administration An interstate intercollegiate athletic association shall hire and provide salary, benefits, and administrative expenses for an Ombudsman and support staff for the Office. (d) Confidentiality (1) In general The Office shall maintain as confidential any information communicated or provided to the Office in confidence in any matter involving the exercise of the official duties of the Office. (2) Exception The Office may, with the permission of the parties involved, disclose information described in paragraph (1) as necessary to resolve or mediate a dispute. (3) Application The confidentiality requirements under this subsection shall not apply to information— (A) as necessary to comply with applicable reporting requirements mandated by Federal law; (B) relating to a felony personally witnessed by a member of the Office; (C) if necessary to protect an individual at imminent risk of serious harm; or (D) with the permission of the parties involved, as necessary to resolve or mediate a dispute. (4) Judicial and administrative proceedings (A) In general The Ombudsman and any staff of the Office shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the duties of the Office. (B) Confidentiality Any memorandum, work product, notes, or case file of the Office— (i) shall be confidential; and (ii) shall not be— (I) subject to discovery, subpoena, or any other means of legal compulsion; or (II) admissible as evidence in a judicial or administrative proceeding. (5) Prohibition on retaliation No employee, contractor, agent, volunteer, or member of an intercollegiate athletic association, a conference, or an institution shall take or threaten to take any action against a student athlete as a reprisal for disclosing information to or seeking assistance from the Office. (e) Independence in carrying out duties The board of directors or other governing board or committee of an intercollegiate athletic association, a conference, or an institution shall not prevent or prohibit the Office from carrying out any duty or responsibility under this section.

•S 4668 ESSEC. 108

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