67360-67365

EDUCATION CODE
SECTION 67360-67365




67360.  (a) Except as provided in subdivision (b), no person shall
give, offer, promise, or attempt to give any money or other thing of
value to any particular student athlete or member of the immediate
family of the student athlete for either of the following purposes:
   (1) To induce, encourage, or reward 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.
   (2) To induce, encourage, or reward the student athlete's
participation in an intercollegiate sporting event, contest,
exhibition, or program.
   No person shall aid and abet any act described in this
subdivision.
   (b) This section does not apply to any public or private
institution of postsecondary education or to any officer or employee
of that institution when the institution, officer, or employee is
acting in accordance with an official written policy of that
institution which is in compliance with the bylaws of the National
Collegiate Athletic Association; or to any intercollegiate athletic
awards approved or administered by the student athlete's institution;
or to any other student of that institution; or to any member of the
immediate family of the student athlete.
   (c) For purposes of this section, the following definitions apply:
   (1) "Immediate family" means the student athlete's spouse, child,
parent, stepparent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any of those persons, or
guardian of any of those persons.
   (2) "Student athlete" means a student at a public or private
institution of postsecondary education who engages in, is eligible to
engage, or may be eligible to engage, in, any intercollegiate
sporting event, contest, exhibition, or program, or an individual who
has applied, is eligible to apply, or may be eligible to apply in
the future to a public or private institution of postsecondary
education.
   (d) Except as provided in subdivision (b), any person who engages
in conduct knowing or having reason to know that such conduct is in
violation of subdivision (a) shall be subject to a civil penalty not
to exceed ten thousand dollars ($10,000), or three times the amount
given, offered, or promised to the student athlete or immediate
family member of the athlete, whichever is greater. The district
attorney of any county in which a violation occurs shall enforce this
chapter.


67361.  (a) Except as provided in subdivision (b), no student
athlete or member of his or her immediate family, as defined by
subdivision (c) of Section 67360, shall solicit or accept any money
or other thing of value as an inducement, encouragement, or reward,
the giving of which is in violation of subdivision (a) of Section
67360.
   No person shall aid and abet any act described in this
subdivision.
   (b) This section does not apply to any student athlete who
receives any money or other thing of value from a public or private
institution or officers or employees of that institution, offered in
accordance with an official written policy of that institution, which
is in compliance with the bylaws of the National Collegiate Athletic
Association; or from any other student of that institution; or from
any member of the immediate family of the student athlete; nor shall
this section apply to any student athlete who receives any
intercollegiate athletic award approved or administered by that
institution.
   (c) Except as provided in subdivision (b), any person who engages
in conduct knowing or having reason to know that such conduct is in
violation of subdivision (a) shall be subject to a civil penalty not
to exceed one thousand dollars ($1,000) or an amount equal to the
amount accepted by the student athlete or immediate family member,
whichever is greater. The district attorney of any county in which a
violation occurs shall enforce this chapter.



67362.  (a) Notwithstanding Section 78223 or any other provision of
law, no student athlete enrolled at any campus of the University of
California, the California State University, or the California
Community Colleges may participate as a member of any intercollegiate
athletic team, or as a participant in any intercollegiate athletic
event, except in a manner available to the general public, if he or
she, at any time after his or her enrollment as a college or
university student, is prosecuted as an adult and is convicted of a
violation of Section 187, 209, 210, 211, 220, 243.8, 245, 261, 262,
264.1, 286, 288, 288a, 288.5, 289, or 459 of, or is convicted of
attempted murder pursuant to subdivision (a) of Section 664 of, the
Penal Code.
   (b) An institution to which this section applies may rely upon the
declaration of a student athlete to determine his or her eligibility
for participation in intercollegiate athletics with respect to the
requirements of this section. Any declaration obtained from a student
athlete pursuant to this subdivision shall contain a notice advising
the student that he or she may be subject to disciplinary action,
including, but not limited to, suspension, dismissal, or expulsion,
if the student knowingly provides false information in the
declaration. An institution to which this section applies may, at the
discretion of its appropriate administrators, seek independent
confirmation of the truth of any and all of the statements of a
student athlete taken pursuant to this subdivision.
   (c) A student convicted of a violation of any of the Penal Code
sections listed in subdivision (a) is eligible to participate as a
member of an intercollegiate athletic team after he or she
successfully completes the entire term of his or her probation or
successfully completes his or her assigned prison term and parole
period, if any.
   (d) A student who knowingly provides a false declaration pursuant
to subdivision (b) may be subject to disciplinary action under
Section 66017 of the Education Code.



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,
coinsurance, 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).