Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2747Introduced by Assembly Member HoldenFebruary 16, 2018 An act to add Sections 67451.5, 67451.7, 67452.3, and 67452.5 to the Education Code, and to amend Section 11165.7 of the Penal Code, relating to college student athletes. LEGISLATIVE COUNSEL'S DIGESTAB 2747, as amended, Holden. College athletes. Student Athletes Bill of Rights: student athlete liaisons: collegiate athlete mandated reporters. Existing(1) Existing law provides for a system of postsecondary education in this state. This system includes as segments the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights. Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.This bill would state the intent of the Legislature to enact legislation to protect the right of all college athletes to study, work, and participate in athletics and for all college athletes to have equal access to athletic programs, facilities, and scholarships. add to the Student Athlete Bill of Rights provisions declaring that college athletes have the right to self-organization and requiring institutions of higher education, as defined, to provide student athletes with designated information.The bill would require institutions of higher education to establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated. The bill would also require institutions of higher education to appoint student athlete liaisons with duties and responsibilities that would include being available to all student athletes of the institution and to record and investigate the complaints of student athletes, as specified.The bill would specify that student athletes have the right to enforce a provision of this Student Athlete Bill of Rights in the superior court through a civil action for injunctive relief or money damages, or both. The bill would require the court to award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in such an action. The bill would prohibit a student athlete, institution of higher education, or athletic conference, as defined, from being required to agree to adjudication, in another state, of a claim or controversy that arises in California. The bill would also prohibit a student athlete from being penalized for receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes or for being accused of a noncriminal violation the investigation or adjudication of which has not been completed, as specified.The bill would authorize the Civil Rights Enforcement Section of the State Department of Justice to have specified powers and responsibilities for the investigation of complaints, and the prosecution of violations, of the Student Athlete Bill of Rights.(2) Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including, among others, social workers, physicians, psychiatrists, and athletic coaches at public and private postsecondary educational institutions, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor.This bill, with respect to athletic coaches at public and private educational institutions, would provide that these persons would be known as collegiate athlete mandated reporters. The bill would require collegiate athlete mandated reporters to make an initial report by telephone and a followup report in writing if he or she has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been a victim of abuse or neglect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 67451.5 is added to the Education Code, to read:67451.5. (a) College athletes have the right to self-organization and to be protected from retaliation while they are engaged in concerted activities for mutual aid and protection. College athletes shall also have the right to refrain from any or all of these activities.(b) An athletic program shall provide its student athletes with information regarding their mandated reporter policies pursuant to Section 11165.7 of the Penal Code, the NCAA Bill of Rights, and the Student Athlete Bill of Rights enacted under this part.SEC. 2. Section 67451.7 is added to the Education Code, to read:67451.7. (a) An institution of higher education shall establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated.(b) An institution of higher education shall appoint an administrator, not employed by, or reporting to, the institutions athletic department, to be a student athlete liaison. The student athlete liaison shall do all of the following:(1) Be available to all student athletes enrolled at the institution.(2) Record, in writing, each complaint made by a student athlete enrolled at the institution.(3) Initiate a prompt, fair, and impartial investigation into each complaint made under paragraph (2).(4) Inform the student athlete, in writing, of the outcome of the investigation into the complaint.(c) An institution of higher education shall provide each of its student athletes with all of the following information about the student athlete liaison:(1) His or her name, title, telephone number, email address, and office location.(2) Procedures for reporting to the student athlete liaison any violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies that the student athlete perceives as injurious to his or her academic, financial, or physical well-being.(3) The procedures to be followed by the student athlete liaison in investigating a complaint under subdivision (b).(4) Written assurance that any complaint made by the student athlete under this section shall be, and remain, confidential.SEC. 3. Section 67452.3 is added to the Education Code, to read:67452.3. (a) A student athlete shall have the right to enforce a provision of this part in the superior court through a civil action for injunctive relief or money damages, or both. The court shall award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in an action brought pursuant to this section.(b) A student athlete, institution of higher education, or athletic conference shall not be required, as a condition of full participation in intercollegiate athletics, to agree to a provision that would require either of the following:(1) That the student athlete, institution of higher education, or athletic conference submit to adjudication, outside of the state, of a claim that arises in California.(2) That the student athlete, institution of higher education, or athletic conference be deprived of any protections provided under California law with respect to a controversy that arises in California.(c) A student athlete shall not be deprived of eligibility for competition or scholarship aid, or penalized in any other manner, for either of the following:(1) Receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes.(2) Being accused of a rule violation or other offense, other than a criminal charge, if investigation and adjudication of the alleged violation or offense by the institution of higher education, the athletic association, or a law enforcement agency has not been completed.(d) As used in this section, athletic conference means an organization that is formed by institutions of higher education for purposes of conducting competitions in intercollegiate athletics.SEC. 4. Section 67452.5 is added to the Education Code, to read:67452.5. The Civil Rights Enforcement Section of the State Department of Justice shall have powers and responsibilities with respect to this part that include, but are not necessarily limited to, all of the following:(a) To receive and promptly investigate complaints made by student athletes.(b) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.SEC. 5. Section 11165.7 of the Penal Code is amended to read:11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1) A teacher.(2) An instructional aide.(3) A teachers aide or teachers assistant employed by a public or private school.(4) A classified employee of a public school.(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16) An employee of a school district police or security department.(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) (A) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at a public or private postsecondary educational institutions. institution, who shall be known as a collegiate athlete mandated reporter. (B) A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.SECTION 1.It is the intent of the Legislature to enact legislation to protect the right of all college athletes to study, work, and participate in athletics and for all college athletes to have equal access to athletic programs, facilities, and scholarships.
Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2747Introduced by Assembly Member HoldenFebruary 16, 2018 An act to add Sections 67451.5, 67451.7, 67452.3, and 67452.5 to the Education Code, and to amend Section 11165.7 of the Penal Code, relating to college student athletes. LEGISLATIVE COUNSEL'S DIGESTAB 2747, as amended, Holden. College athletes. Student Athletes Bill of Rights: student athlete liaisons: collegiate athlete mandated reporters. Existing(1) Existing law provides for a system of postsecondary education in this state. This system includes as segments the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights. Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.This bill would state the intent of the Legislature to enact legislation to protect the right of all college athletes to study, work, and participate in athletics and for all college athletes to have equal access to athletic programs, facilities, and scholarships. add to the Student Athlete Bill of Rights provisions declaring that college athletes have the right to self-organization and requiring institutions of higher education, as defined, to provide student athletes with designated information.The bill would require institutions of higher education to establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated. The bill would also require institutions of higher education to appoint student athlete liaisons with duties and responsibilities that would include being available to all student athletes of the institution and to record and investigate the complaints of student athletes, as specified.The bill would specify that student athletes have the right to enforce a provision of this Student Athlete Bill of Rights in the superior court through a civil action for injunctive relief or money damages, or both. The bill would require the court to award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in such an action. The bill would prohibit a student athlete, institution of higher education, or athletic conference, as defined, from being required to agree to adjudication, in another state, of a claim or controversy that arises in California. The bill would also prohibit a student athlete from being penalized for receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes or for being accused of a noncriminal violation the investigation or adjudication of which has not been completed, as specified.The bill would authorize the Civil Rights Enforcement Section of the State Department of Justice to have specified powers and responsibilities for the investigation of complaints, and the prosecution of violations, of the Student Athlete Bill of Rights.(2) Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including, among others, social workers, physicians, psychiatrists, and athletic coaches at public and private postsecondary educational institutions, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor.This bill, with respect to athletic coaches at public and private educational institutions, would provide that these persons would be known as collegiate athlete mandated reporters. The bill would require collegiate athlete mandated reporters to make an initial report by telephone and a followup report in writing if he or she has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been a victim of abuse or neglect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2018
Amended IN Assembly March 23, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2747
Introduced by Assembly Member HoldenFebruary 16, 2018
Introduced by Assembly Member Holden
February 16, 2018
An act to add Sections 67451.5, 67451.7, 67452.3, and 67452.5 to the Education Code, and to amend Section 11165.7 of the Penal Code, relating to college student athletes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2747, as amended, Holden. College athletes. Student Athletes Bill of Rights: student athlete liaisons: collegiate athlete mandated reporters.
Existing(1) Existing law provides for a system of postsecondary education in this state. This system includes as segments the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights. Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.This bill would state the intent of the Legislature to enact legislation to protect the right of all college athletes to study, work, and participate in athletics and for all college athletes to have equal access to athletic programs, facilities, and scholarships. add to the Student Athlete Bill of Rights provisions declaring that college athletes have the right to self-organization and requiring institutions of higher education, as defined, to provide student athletes with designated information.The bill would require institutions of higher education to establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated. The bill would also require institutions of higher education to appoint student athlete liaisons with duties and responsibilities that would include being available to all student athletes of the institution and to record and investigate the complaints of student athletes, as specified.The bill would specify that student athletes have the right to enforce a provision of this Student Athlete Bill of Rights in the superior court through a civil action for injunctive relief or money damages, or both. The bill would require the court to award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in such an action. The bill would prohibit a student athlete, institution of higher education, or athletic conference, as defined, from being required to agree to adjudication, in another state, of a claim or controversy that arises in California. The bill would also prohibit a student athlete from being penalized for receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes or for being accused of a noncriminal violation the investigation or adjudication of which has not been completed, as specified.The bill would authorize the Civil Rights Enforcement Section of the State Department of Justice to have specified powers and responsibilities for the investigation of complaints, and the prosecution of violations, of the Student Athlete Bill of Rights.(2) Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including, among others, social workers, physicians, psychiatrists, and athletic coaches at public and private postsecondary educational institutions, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor.This bill, with respect to athletic coaches at public and private educational institutions, would provide that these persons would be known as collegiate athlete mandated reporters. The bill would require collegiate athlete mandated reporters to make an initial report by telephone and a followup report in writing if he or she has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been a victim of abuse or neglect.
Existing
(1) Existing law provides for a system of postsecondary education in this state. This system includes as segments the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights. Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.
This bill would state the intent of the Legislature to enact legislation to protect the right of all college athletes to study, work, and participate in athletics and for all college athletes to have equal access to athletic programs, facilities, and scholarships. add to the Student Athlete Bill of Rights provisions declaring that college athletes have the right to self-organization and requiring institutions of higher education, as defined, to provide student athletes with designated information.
The bill would require institutions of higher education to establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated. The bill would also require institutions of higher education to appoint student athlete liaisons with duties and responsibilities that would include being available to all student athletes of the institution and to record and investigate the complaints of student athletes, as specified.
The bill would specify that student athletes have the right to enforce a provision of this Student Athlete Bill of Rights in the superior court through a civil action for injunctive relief or money damages, or both. The bill would require the court to award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in such an action. The bill would prohibit a student athlete, institution of higher education, or athletic conference, as defined, from being required to agree to adjudication, in another state, of a claim or controversy that arises in California. The bill would also prohibit a student athlete from being penalized for receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes or for being accused of a noncriminal violation the investigation or adjudication of which has not been completed, as specified.
The bill would authorize the Civil Rights Enforcement Section of the State Department of Justice to have specified powers and responsibilities for the investigation of complaints, and the prosecution of violations, of the Student Athlete Bill of Rights.
(2) Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including, among others, social workers, physicians, psychiatrists, and athletic coaches at public and private postsecondary educational institutions, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor.
This bill, with respect to athletic coaches at public and private educational institutions, would provide that these persons would be known as collegiate athlete mandated reporters. The bill would require collegiate athlete mandated reporters to make an initial report by telephone and a followup report in writing if he or she has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been a victim of abuse or neglect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 67451.5 is added to the Education Code, to read:67451.5. (a) College athletes have the right to self-organization and to be protected from retaliation while they are engaged in concerted activities for mutual aid and protection. College athletes shall also have the right to refrain from any or all of these activities.(b) An athletic program shall provide its student athletes with information regarding their mandated reporter policies pursuant to Section 11165.7 of the Penal Code, the NCAA Bill of Rights, and the Student Athlete Bill of Rights enacted under this part.SEC. 2. Section 67451.7 is added to the Education Code, to read:67451.7. (a) An institution of higher education shall establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated.(b) An institution of higher education shall appoint an administrator, not employed by, or reporting to, the institutions athletic department, to be a student athlete liaison. The student athlete liaison shall do all of the following:(1) Be available to all student athletes enrolled at the institution.(2) Record, in writing, each complaint made by a student athlete enrolled at the institution.(3) Initiate a prompt, fair, and impartial investigation into each complaint made under paragraph (2).(4) Inform the student athlete, in writing, of the outcome of the investigation into the complaint.(c) An institution of higher education shall provide each of its student athletes with all of the following information about the student athlete liaison:(1) His or her name, title, telephone number, email address, and office location.(2) Procedures for reporting to the student athlete liaison any violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies that the student athlete perceives as injurious to his or her academic, financial, or physical well-being.(3) The procedures to be followed by the student athlete liaison in investigating a complaint under subdivision (b).(4) Written assurance that any complaint made by the student athlete under this section shall be, and remain, confidential.SEC. 3. Section 67452.3 is added to the Education Code, to read:67452.3. (a) A student athlete shall have the right to enforce a provision of this part in the superior court through a civil action for injunctive relief or money damages, or both. The court shall award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in an action brought pursuant to this section.(b) A student athlete, institution of higher education, or athletic conference shall not be required, as a condition of full participation in intercollegiate athletics, to agree to a provision that would require either of the following:(1) That the student athlete, institution of higher education, or athletic conference submit to adjudication, outside of the state, of a claim that arises in California.(2) That the student athlete, institution of higher education, or athletic conference be deprived of any protections provided under California law with respect to a controversy that arises in California.(c) A student athlete shall not be deprived of eligibility for competition or scholarship aid, or penalized in any other manner, for either of the following:(1) Receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes.(2) Being accused of a rule violation or other offense, other than a criminal charge, if investigation and adjudication of the alleged violation or offense by the institution of higher education, the athletic association, or a law enforcement agency has not been completed.(d) As used in this section, athletic conference means an organization that is formed by institutions of higher education for purposes of conducting competitions in intercollegiate athletics.SEC. 4. Section 67452.5 is added to the Education Code, to read:67452.5. The Civil Rights Enforcement Section of the State Department of Justice shall have powers and responsibilities with respect to this part that include, but are not necessarily limited to, all of the following:(a) To receive and promptly investigate complaints made by student athletes.(b) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.SEC. 5. Section 11165.7 of the Penal Code is amended to read:11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1) A teacher.(2) An instructional aide.(3) A teachers aide or teachers assistant employed by a public or private school.(4) A classified employee of a public school.(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16) An employee of a school district police or security department.(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) (A) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at a public or private postsecondary educational institutions. institution, who shall be known as a collegiate athlete mandated reporter. (B) A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.SECTION 1.It is the intent of the Legislature to enact legislation to protect the right of all college athletes to study, work, and participate in athletics and for all college athletes to have equal access to athletic programs, facilities, and scholarships.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 67451.5 is added to the Education Code, to read:67451.5. (a) College athletes have the right to self-organization and to be protected from retaliation while they are engaged in concerted activities for mutual aid and protection. College athletes shall also have the right to refrain from any or all of these activities.(b) An athletic program shall provide its student athletes with information regarding their mandated reporter policies pursuant to Section 11165.7 of the Penal Code, the NCAA Bill of Rights, and the Student Athlete Bill of Rights enacted under this part.
SECTION 1. Section 67451.5 is added to the Education Code, to read:
### SECTION 1.
67451.5. (a) College athletes have the right to self-organization and to be protected from retaliation while they are engaged in concerted activities for mutual aid and protection. College athletes shall also have the right to refrain from any or all of these activities.(b) An athletic program shall provide its student athletes with information regarding their mandated reporter policies pursuant to Section 11165.7 of the Penal Code, the NCAA Bill of Rights, and the Student Athlete Bill of Rights enacted under this part.
67451.5. (a) College athletes have the right to self-organization and to be protected from retaliation while they are engaged in concerted activities for mutual aid and protection. College athletes shall also have the right to refrain from any or all of these activities.(b) An athletic program shall provide its student athletes with information regarding their mandated reporter policies pursuant to Section 11165.7 of the Penal Code, the NCAA Bill of Rights, and the Student Athlete Bill of Rights enacted under this part.
67451.5. (a) College athletes have the right to self-organization and to be protected from retaliation while they are engaged in concerted activities for mutual aid and protection. College athletes shall also have the right to refrain from any or all of these activities.(b) An athletic program shall provide its student athletes with information regarding their mandated reporter policies pursuant to Section 11165.7 of the Penal Code, the NCAA Bill of Rights, and the Student Athlete Bill of Rights enacted under this part.
67451.5. (a) College athletes have the right to self-organization and to be protected from retaliation while they are engaged in concerted activities for mutual aid and protection. College athletes shall also have the right to refrain from any or all of these activities.
(b) An athletic program shall provide its student athletes with information regarding their mandated reporter policies pursuant to Section 11165.7 of the Penal Code, the NCAA Bill of Rights, and the Student Athlete Bill of Rights enacted under this part.
SEC. 2. Section 67451.7 is added to the Education Code, to read:67451.7. (a) An institution of higher education shall establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated.(b) An institution of higher education shall appoint an administrator, not employed by, or reporting to, the institutions athletic department, to be a student athlete liaison. The student athlete liaison shall do all of the following:(1) Be available to all student athletes enrolled at the institution.(2) Record, in writing, each complaint made by a student athlete enrolled at the institution.(3) Initiate a prompt, fair, and impartial investigation into each complaint made under paragraph (2).(4) Inform the student athlete, in writing, of the outcome of the investigation into the complaint.(c) An institution of higher education shall provide each of its student athletes with all of the following information about the student athlete liaison:(1) His or her name, title, telephone number, email address, and office location.(2) Procedures for reporting to the student athlete liaison any violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies that the student athlete perceives as injurious to his or her academic, financial, or physical well-being.(3) The procedures to be followed by the student athlete liaison in investigating a complaint under subdivision (b).(4) Written assurance that any complaint made by the student athlete under this section shall be, and remain, confidential.
SEC. 2. Section 67451.7 is added to the Education Code, to read:
### SEC. 2.
67451.7. (a) An institution of higher education shall establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated.(b) An institution of higher education shall appoint an administrator, not employed by, or reporting to, the institutions athletic department, to be a student athlete liaison. The student athlete liaison shall do all of the following:(1) Be available to all student athletes enrolled at the institution.(2) Record, in writing, each complaint made by a student athlete enrolled at the institution.(3) Initiate a prompt, fair, and impartial investigation into each complaint made under paragraph (2).(4) Inform the student athlete, in writing, of the outcome of the investigation into the complaint.(c) An institution of higher education shall provide each of its student athletes with all of the following information about the student athlete liaison:(1) His or her name, title, telephone number, email address, and office location.(2) Procedures for reporting to the student athlete liaison any violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies that the student athlete perceives as injurious to his or her academic, financial, or physical well-being.(3) The procedures to be followed by the student athlete liaison in investigating a complaint under subdivision (b).(4) Written assurance that any complaint made by the student athlete under this section shall be, and remain, confidential.
67451.7. (a) An institution of higher education shall establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated.(b) An institution of higher education shall appoint an administrator, not employed by, or reporting to, the institutions athletic department, to be a student athlete liaison. The student athlete liaison shall do all of the following:(1) Be available to all student athletes enrolled at the institution.(2) Record, in writing, each complaint made by a student athlete enrolled at the institution.(3) Initiate a prompt, fair, and impartial investigation into each complaint made under paragraph (2).(4) Inform the student athlete, in writing, of the outcome of the investigation into the complaint.(c) An institution of higher education shall provide each of its student athletes with all of the following information about the student athlete liaison:(1) His or her name, title, telephone number, email address, and office location.(2) Procedures for reporting to the student athlete liaison any violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies that the student athlete perceives as injurious to his or her academic, financial, or physical well-being.(3) The procedures to be followed by the student athlete liaison in investigating a complaint under subdivision (b).(4) Written assurance that any complaint made by the student athlete under this section shall be, and remain, confidential.
67451.7. (a) An institution of higher education shall establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated.(b) An institution of higher education shall appoint an administrator, not employed by, or reporting to, the institutions athletic department, to be a student athlete liaison. The student athlete liaison shall do all of the following:(1) Be available to all student athletes enrolled at the institution.(2) Record, in writing, each complaint made by a student athlete enrolled at the institution.(3) Initiate a prompt, fair, and impartial investigation into each complaint made under paragraph (2).(4) Inform the student athlete, in writing, of the outcome of the investigation into the complaint.(c) An institution of higher education shall provide each of its student athletes with all of the following information about the student athlete liaison:(1) His or her name, title, telephone number, email address, and office location.(2) Procedures for reporting to the student athlete liaison any violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies that the student athlete perceives as injurious to his or her academic, financial, or physical well-being.(3) The procedures to be followed by the student athlete liaison in investigating a complaint under subdivision (b).(4) Written assurance that any complaint made by the student athlete under this section shall be, and remain, confidential.
67451.7. (a) An institution of higher education shall establish a process by which the complaints of student athletes about violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies may be reported and investigated.
(b) An institution of higher education shall appoint an administrator, not employed by, or reporting to, the institutions athletic department, to be a student athlete liaison. The student athlete liaison shall do all of the following:
(1) Be available to all student athletes enrolled at the institution.
(2) Record, in writing, each complaint made by a student athlete enrolled at the institution.
(3) Initiate a prompt, fair, and impartial investigation into each complaint made under paragraph (2).
(4) Inform the student athlete, in writing, of the outcome of the investigation into the complaint.
(c) An institution of higher education shall provide each of its student athletes with all of the following information about the student athlete liaison:
(1) His or her name, title, telephone number, email address, and office location.
(2) Procedures for reporting to the student athlete liaison any violations of the NCAA Bill of Rights, the Student Athlete Bill of Rights enacted under this part or other pertinent state statutes, and institutional policies that the student athlete perceives as injurious to his or her academic, financial, or physical well-being.
(3) The procedures to be followed by the student athlete liaison in investigating a complaint under subdivision (b).
(4) Written assurance that any complaint made by the student athlete under this section shall be, and remain, confidential.
SEC. 3. Section 67452.3 is added to the Education Code, to read:67452.3. (a) A student athlete shall have the right to enforce a provision of this part in the superior court through a civil action for injunctive relief or money damages, or both. The court shall award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in an action brought pursuant to this section.(b) A student athlete, institution of higher education, or athletic conference shall not be required, as a condition of full participation in intercollegiate athletics, to agree to a provision that would require either of the following:(1) That the student athlete, institution of higher education, or athletic conference submit to adjudication, outside of the state, of a claim that arises in California.(2) That the student athlete, institution of higher education, or athletic conference be deprived of any protections provided under California law with respect to a controversy that arises in California.(c) A student athlete shall not be deprived of eligibility for competition or scholarship aid, or penalized in any other manner, for either of the following:(1) Receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes.(2) Being accused of a rule violation or other offense, other than a criminal charge, if investigation and adjudication of the alleged violation or offense by the institution of higher education, the athletic association, or a law enforcement agency has not been completed.(d) As used in this section, athletic conference means an organization that is formed by institutions of higher education for purposes of conducting competitions in intercollegiate athletics.
SEC. 3. Section 67452.3 is added to the Education Code, to read:
### SEC. 3.
67452.3. (a) A student athlete shall have the right to enforce a provision of this part in the superior court through a civil action for injunctive relief or money damages, or both. The court shall award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in an action brought pursuant to this section.(b) A student athlete, institution of higher education, or athletic conference shall not be required, as a condition of full participation in intercollegiate athletics, to agree to a provision that would require either of the following:(1) That the student athlete, institution of higher education, or athletic conference submit to adjudication, outside of the state, of a claim that arises in California.(2) That the student athlete, institution of higher education, or athletic conference be deprived of any protections provided under California law with respect to a controversy that arises in California.(c) A student athlete shall not be deprived of eligibility for competition or scholarship aid, or penalized in any other manner, for either of the following:(1) Receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes.(2) Being accused of a rule violation or other offense, other than a criminal charge, if investigation and adjudication of the alleged violation or offense by the institution of higher education, the athletic association, or a law enforcement agency has not been completed.(d) As used in this section, athletic conference means an organization that is formed by institutions of higher education for purposes of conducting competitions in intercollegiate athletics.
67452.3. (a) A student athlete shall have the right to enforce a provision of this part in the superior court through a civil action for injunctive relief or money damages, or both. The court shall award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in an action brought pursuant to this section.(b) A student athlete, institution of higher education, or athletic conference shall not be required, as a condition of full participation in intercollegiate athletics, to agree to a provision that would require either of the following:(1) That the student athlete, institution of higher education, or athletic conference submit to adjudication, outside of the state, of a claim that arises in California.(2) That the student athlete, institution of higher education, or athletic conference be deprived of any protections provided under California law with respect to a controversy that arises in California.(c) A student athlete shall not be deprived of eligibility for competition or scholarship aid, or penalized in any other manner, for either of the following:(1) Receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes.(2) Being accused of a rule violation or other offense, other than a criminal charge, if investigation and adjudication of the alleged violation or offense by the institution of higher education, the athletic association, or a law enforcement agency has not been completed.(d) As used in this section, athletic conference means an organization that is formed by institutions of higher education for purposes of conducting competitions in intercollegiate athletics.
67452.3. (a) A student athlete shall have the right to enforce a provision of this part in the superior court through a civil action for injunctive relief or money damages, or both. The court shall award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in an action brought pursuant to this section.(b) A student athlete, institution of higher education, or athletic conference shall not be required, as a condition of full participation in intercollegiate athletics, to agree to a provision that would require either of the following:(1) That the student athlete, institution of higher education, or athletic conference submit to adjudication, outside of the state, of a claim that arises in California.(2) That the student athlete, institution of higher education, or athletic conference be deprived of any protections provided under California law with respect to a controversy that arises in California.(c) A student athlete shall not be deprived of eligibility for competition or scholarship aid, or penalized in any other manner, for either of the following:(1) Receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes.(2) Being accused of a rule violation or other offense, other than a criminal charge, if investigation and adjudication of the alleged violation or offense by the institution of higher education, the athletic association, or a law enforcement agency has not been completed.(d) As used in this section, athletic conference means an organization that is formed by institutions of higher education for purposes of conducting competitions in intercollegiate athletics.
67452.3. (a) A student athlete shall have the right to enforce a provision of this part in the superior court through a civil action for injunctive relief or money damages, or both. The court shall award court costs and reasonable reimbursement for attorneys fees to a student athlete who is the prevailing party in an action brought pursuant to this section.
(b) A student athlete, institution of higher education, or athletic conference shall not be required, as a condition of full participation in intercollegiate athletics, to agree to a provision that would require either of the following:
(1) That the student athlete, institution of higher education, or athletic conference submit to adjudication, outside of the state, of a claim that arises in California.
(2) That the student athlete, institution of higher education, or athletic conference be deprived of any protections provided under California law with respect to a controversy that arises in California.
(c) A student athlete shall not be deprived of eligibility for competition or scholarship aid, or penalized in any other manner, for either of the following:
(1) Receiving any gift or income that can be demonstrated to be generally available to the students of the institution of higher education who are not athletes.
(2) Being accused of a rule violation or other offense, other than a criminal charge, if investigation and adjudication of the alleged violation or offense by the institution of higher education, the athletic association, or a law enforcement agency has not been completed.
(d) As used in this section, athletic conference means an organization that is formed by institutions of higher education for purposes of conducting competitions in intercollegiate athletics.
SEC. 4. Section 67452.5 is added to the Education Code, to read:67452.5. The Civil Rights Enforcement Section of the State Department of Justice shall have powers and responsibilities with respect to this part that include, but are not necessarily limited to, all of the following:(a) To receive and promptly investigate complaints made by student athletes.(b) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.
SEC. 4. Section 67452.5 is added to the Education Code, to read:
### SEC. 4.
67452.5. The Civil Rights Enforcement Section of the State Department of Justice shall have powers and responsibilities with respect to this part that include, but are not necessarily limited to, all of the following:(a) To receive and promptly investigate complaints made by student athletes.(b) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.
67452.5. The Civil Rights Enforcement Section of the State Department of Justice shall have powers and responsibilities with respect to this part that include, but are not necessarily limited to, all of the following:(a) To receive and promptly investigate complaints made by student athletes.(b) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.
67452.5. The Civil Rights Enforcement Section of the State Department of Justice shall have powers and responsibilities with respect to this part that include, but are not necessarily limited to, all of the following:(a) To receive and promptly investigate complaints made by student athletes.(b) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.
67452.5. The Civil Rights Enforcement Section of the State Department of Justice shall have powers and responsibilities with respect to this part that include, but are not necessarily limited to, all of the following:
(a) To receive and promptly investigate complaints made by student athletes.
(b) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.
(c) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.
SEC. 5. Section 11165.7 of the Penal Code is amended to read:11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1) A teacher.(2) An instructional aide.(3) A teachers aide or teachers assistant employed by a public or private school.(4) A classified employee of a public school.(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16) An employee of a school district police or security department.(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) (A) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at a public or private postsecondary educational institutions. institution, who shall be known as a collegiate athlete mandated reporter. (B) A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 5. Section 11165.7 of the Penal Code is amended to read:
### SEC. 5.
11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1) A teacher.(2) An instructional aide.(3) A teachers aide or teachers assistant employed by a public or private school.(4) A classified employee of a public school.(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16) An employee of a school district police or security department.(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) (A) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at a public or private postsecondary educational institutions. institution, who shall be known as a collegiate athlete mandated reporter. (B) A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1) A teacher.(2) An instructional aide.(3) A teachers aide or teachers assistant employed by a public or private school.(4) A classified employee of a public school.(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16) An employee of a school district police or security department.(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) (A) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at a public or private postsecondary educational institutions. institution, who shall be known as a collegiate athlete mandated reporter. (B) A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1) A teacher.(2) An instructional aide.(3) A teachers aide or teachers assistant employed by a public or private school.(4) A classified employee of a public school.(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16) An employee of a school district police or security department.(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) (A) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at a public or private postsecondary educational institutions. institution, who shall be known as a collegiate athlete mandated reporter. (B) A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
11165.7. (a) As used in this article, mandated reporter is defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teachers aide or teachers assistant employed by a public or private school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security department.
(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner or other person who performs autopsies.
(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36) A custodial officer, as defined in Section 831.5.
(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.
(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44) (A) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at a public or private postsecondary educational institutions. institution, who shall be known as a collegiate athlete mandated reporter.
(B) A collegiate athlete mandated reporter shall make a report to an agency specified in Section 11165.9 whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of, or observes, a college athlete who the collegiate athlete mandated reporter knows or reasonably suspects has been the victim of abuse or neglect. A collegiate athlete mandated reporter shall make an initial report by telephone to the agency immediately, or as soon as is practically possible, and shall prepare and send, fax, or electronically transmit, a written followup report within 36 hours of receiving the information concerning the incident. The collegiate athlete mandated reporter may include, with the report, any nonprivileged documentary evidence that he or she possesses relating to the incident.
(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.
(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
It is the intent of the Legislature to enact legislation to protect the right of all college athletes to study, work, and participate in athletics and for all college athletes to have equal access to athletic programs, facilities, and scholarships.