Amended IN Assembly April 09, 2018 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 67452.5, and 67453.3 to the Education Code, and to amend Section 11165.7 of the Penal Code, relating to student athletes. LEGISLATIVE COUNSEL'S DIGESTAB 2747, as amended, Holden. Student Athletes Bill of Rights: student athlete liaisons: collegiate athlete mandated reporters.(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,, University, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.This bill would 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 institutions of higher education to establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to specified requirements.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. The bill would authorize the Civil Rights Enforcement Section to impose specified fines for violations of the Student Athlete Bill of Rights, and would require the proceeds of these fines to be deposited in the Student Athletes Bill of Rights Enforcement Fund, which the bill would create in the State Treasury. The moneys deposited in the fund would be available, upon appropriation by the Legislature, for enforcement of the Student Athlete Bill of Rights.The bill would specify that administrative proceedings related to enforcement of the provisions of this bill would be conducted by the Office of Administrative Hearings in compliance with the Administrative Procedure Act.Specified provisions of this bill would become operative only if the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with 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 coaches, as defined to include assistant coaches, graduate assistants involved in coaching, employees of collegiate athletic programs, and medical professionals providing care to students on behalf of a collegiate athletic program at public and private educational institutions, as well as employees of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This provision would apply to both minor and adult college athletes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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 (1) It is the intent of the Legislature to ensure that student athletes are able to receive food, transportation, and employment, and to receive recognition for their achievements through the receipt of awards or endorsements.(2) 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)(A) 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)(i) This subparagraph does not apply to sources of income from representatives of the athletic interests at an institution of higher education that receives, as an average, ten million dollars ($10,000,000) or more in annual income derived from media rights for intercollegiate athletics.(ii) This subparagraph does not apply to an inducement. For purposes of this subparagraph, inducement is a gift made by an institution of higher education to a student athlete who is enrolled at another institution of higher education in an attempt to recruit that student athlete.(iii) A student athlete shall comply with all pertinent state and federal disclosure laws with respect to any gifts or income he or she receives.(iv) An institution of higher learning may establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to the following provisions:(I) A degree completion fund established by an institution of higher education on or after January 1, 2019, shall be connected with education by way of a full distribution of funds to each student athlete within 60 days of the completion of the student athletes undergraduate degree and intercollegiate athletic participation. A former student athlete whose athletic eligibility expires may use a portion of his or her degree completion fund allocation to pay for costs of attendance while he or she is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of any remaining funds within 60 days of receiving his or her undergraduate degree.(II) Dollar-for-dollar matching funds shall be provided in the form of athletic scholarships or degree completion fund contributions for student athletes of the opposite gender to support federal Title IX compliance if net dollar-for-dollar athletic scholarship or degree completion fund contributions are not otherwise achieved.(III) Each institution of higher education with student athletes who qualify for a degree completion fund earmark shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their degree completion fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(IV) An institution of higher education shall withhold applicable state and federal taxes from each contribution made under this clause and submit the withheld funds to the appropriate government agency.(V) A loan agreement entered into on or after January 1, 2019, that includes a student athletes degree completion fund earmarks is void.(VI) Degree completion fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship and who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(VII) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athletes of an amount no less than the average in-state cost of postsecondary attendance for college athletes of the conference that receive a contribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(B) 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.(3) (A) An athletic conference, multiconference association, or athletic association shall not adopt or enforce a policy, agreement, practice, penalty, or rule of restitution that does, or that threatens to do, either of the following:(i) Prohibit a student athlete from receiving any gift or legitimate business income so long as those provisions are not used as an inducement to participate in a specific athletic program and comply with any federal disclosure laws. That income exceeding twenty-five thousand dollars ($25,000) in a calendar year shall be placed in an account managed by the institution of higher education in which the student athlete is enrolled, and shall be presented to the student athlete within 45 days of the completion of that student athletes eligibility for intercollegiate competition.(ii) Deprive a student athlete of eligibility for competition or scholarship aid, or penalize a student athlete in any other manner, nor shall an institution of higher education or athletic conference be punished in any way any if a student athlete is accused of a rule violation or other offense, other than a criminal charge, if the 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.(B) Upon verification that an athletic association has complied with subparagraph (A), an institution of higher education shall be prohibited from adopting or enforcing a policy, agreement, practice, penalty, or rule of restitution that interferes, or that threatens to interfere, with the rights of a student athlete that are set forth in subparagraph (A).(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.(e) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.SEC. 4. Section 67452.5 is added to the Education Code, to read:67452.5. (a) 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)(1) Send, on or before January 31, 2019, a copy of the act that adds this section to each institution of higher education, athletic conference, multiconference association, and athletic association that maintains operations in California.(2) To receive and promptly investigate complaints made by student athletes and former student athletes.(b)(3) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c)(4) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.(b) (1) Each institution of higher education, athletic conference, multiconference association, and athletic association that fails to comply with any applicable provision of this chapter shall be, along with its personnel, subject to the following penalties and liabilities, as applicable for each day of noncompliance:(A) Personnel shall be subject to a fine of five dollars ($5) per day per enrolled student athlete within the athletic jurisdiction of the organization with which they are associated.(B) An institution of higher education shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete.(C) An athletic conference and an athletic association shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete within the athletic jurisdiction of that conference or association.(2) A fine assessed pursuant to paragraph (1) for a violation or violations of this chapter shall accumulate during the adjudication of any legal claim or appeal concerning the violation or violations, but shall not become due and payable until a final determination concerning the violation or violations in question is rendered.(3) The proceeds of fines assessed pursuant to paragraph (1) shall be deposited in the Student Athlete Bill of Rights Enforcement Fund, which is hereby created in the State Treasury. The moneys deposited in the Student Athlete Bill of Rights Enforcement Fund shall be available, upon appropriation by the Legislature, to the Civil Rights Enforcement Section of the Department of Justice for purposes of enforcing this chapter.(c) A person who has violated a provision of this chapter shall be responsible for the costs incurred by the state in investigating and prosecuting his or her violation.(d) As used in this subdivision:(1) Personnel means a paid or unpaid individual who serves as a representative, board member, executive officer, or director of an institution of higher education, athletic conference, multiconference association, or athletic association with final legal authority, as an individual or a group of individuals, to bind his or her organization to policies and practices that comply with this act.(2) Personnel does not include a former student athlete whose athletic eligibility expired within the previous 36 months.(e) This chapter shall apply to any applicable organizational manual published, or contract entered into, on and after January 1, 2019. This chapter shall also apply, on and after January 1, 2019, to any renewal, modification, or extension of an applicable organizational manual published, or a contract entered into before January 1, 2019.(f) Administrative proceedings related to the enforcement of this section, including, but not necessarily limited to, the presentation of allegations and evidence by the Civil Rights Enforcement Section in support of the imposition of a fine under this section and the response of the person or entity charged with a violation of this chapter to that presentation of allegations and evidence, shall be conducted by the Office of Administrative Hearings in accordance with the pertinent provisions of the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.SEC. 5. Section 67453.3 is added to the Education Code, immediately following Section 67453, to read:67453.3. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 5.SEC. 6. 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, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This paragraph is applicable to both minor and adult collegiate athletes.(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.
Amended IN Assembly April 09, 2018 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 67452.5, and 67453.3 to the Education Code, and to amend Section 11165.7 of the Penal Code, relating to student athletes. LEGISLATIVE COUNSEL'S DIGESTAB 2747, as amended, Holden. Student Athletes Bill of Rights: student athlete liaisons: collegiate athlete mandated reporters.(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,, University, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.This bill would 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 institutions of higher education to establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to specified requirements.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. The bill would authorize the Civil Rights Enforcement Section to impose specified fines for violations of the Student Athlete Bill of Rights, and would require the proceeds of these fines to be deposited in the Student Athletes Bill of Rights Enforcement Fund, which the bill would create in the State Treasury. The moneys deposited in the fund would be available, upon appropriation by the Legislature, for enforcement of the Student Athlete Bill of Rights.The bill would specify that administrative proceedings related to enforcement of the provisions of this bill would be conducted by the Office of Administrative Hearings in compliance with the Administrative Procedure Act.Specified provisions of this bill would become operative only if the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with 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 coaches, as defined to include assistant coaches, graduate assistants involved in coaching, employees of collegiate athletic programs, and medical professionals providing care to students on behalf of a collegiate athletic program at public and private educational institutions, as well as employees of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This provision would apply to both minor and adult college athletes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 09, 2018 Amended IN Assembly March 23, 2018
Amended IN Assembly April 09, 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 67452.5, and 67453.3 to the Education Code, and to amend Section 11165.7 of the Penal Code, relating to student athletes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2747, as amended, Holden. Student Athletes Bill of Rights: student athlete liaisons: collegiate athlete mandated reporters.
(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,, University, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.This bill would 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 institutions of higher education to establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to specified requirements.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. The bill would authorize the Civil Rights Enforcement Section to impose specified fines for violations of the Student Athlete Bill of Rights, and would require the proceeds of these fines to be deposited in the Student Athletes Bill of Rights Enforcement Fund, which the bill would create in the State Treasury. The moneys deposited in the fund would be available, upon appropriation by the Legislature, for enforcement of the Student Athlete Bill of Rights.The bill would specify that administrative proceedings related to enforcement of the provisions of this bill would be conducted by the Office of Administrative Hearings in compliance with the Administrative Procedure Act.Specified provisions of this bill would become operative only if the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with 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 coaches, as defined to include assistant coaches, graduate assistants involved in coaching, employees of collegiate athletic programs, and medical professionals providing care to students on behalf of a collegiate athletic program at public and private educational institutions, as well as employees of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This provision would apply to both minor and adult college athletes.
(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,, University, and independent institutions of higher education. Existing law further provides a Student Athlete Bill of Rights that applies to campuses of these segments that maintain intercollegiate athletic programs.
This bill would 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 institutions of higher education to establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to specified requirements.
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. The bill would authorize the Civil Rights Enforcement Section to impose specified fines for violations of the Student Athlete Bill of Rights, and would require the proceeds of these fines to be deposited in the Student Athletes Bill of Rights Enforcement Fund, which the bill would create in the State Treasury. The moneys deposited in the fund would be available, upon appropriation by the Legislature, for enforcement of the Student Athlete Bill of Rights.
The bill would specify that administrative proceedings related to enforcement of the provisions of this bill would be conducted by the Office of Administrative Hearings in compliance with the Administrative Procedure Act.
Specified provisions of this bill would become operative only if the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with 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 coaches, as defined to include assistant coaches, graduate assistants involved in coaching, employees of collegiate athletic programs, and medical professionals providing care to students on behalf of a collegiate athletic program at public and private educational institutions, as well as employees of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This provision would apply to both minor and adult college athletes.
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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 (1) It is the intent of the Legislature to ensure that student athletes are able to receive food, transportation, and employment, and to receive recognition for their achievements through the receipt of awards or endorsements.(2) 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)(A) 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)(i) This subparagraph does not apply to sources of income from representatives of the athletic interests at an institution of higher education that receives, as an average, ten million dollars ($10,000,000) or more in annual income derived from media rights for intercollegiate athletics.(ii) This subparagraph does not apply to an inducement. For purposes of this subparagraph, inducement is a gift made by an institution of higher education to a student athlete who is enrolled at another institution of higher education in an attempt to recruit that student athlete.(iii) A student athlete shall comply with all pertinent state and federal disclosure laws with respect to any gifts or income he or she receives.(iv) An institution of higher learning may establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to the following provisions:(I) A degree completion fund established by an institution of higher education on or after January 1, 2019, shall be connected with education by way of a full distribution of funds to each student athlete within 60 days of the completion of the student athletes undergraduate degree and intercollegiate athletic participation. A former student athlete whose athletic eligibility expires may use a portion of his or her degree completion fund allocation to pay for costs of attendance while he or she is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of any remaining funds within 60 days of receiving his or her undergraduate degree.(II) Dollar-for-dollar matching funds shall be provided in the form of athletic scholarships or degree completion fund contributions for student athletes of the opposite gender to support federal Title IX compliance if net dollar-for-dollar athletic scholarship or degree completion fund contributions are not otherwise achieved.(III) Each institution of higher education with student athletes who qualify for a degree completion fund earmark shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their degree completion fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(IV) An institution of higher education shall withhold applicable state and federal taxes from each contribution made under this clause and submit the withheld funds to the appropriate government agency.(V) A loan agreement entered into on or after January 1, 2019, that includes a student athletes degree completion fund earmarks is void.(VI) Degree completion fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship and who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(VII) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athletes of an amount no less than the average in-state cost of postsecondary attendance for college athletes of the conference that receive a contribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(B) 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.(3) (A) An athletic conference, multiconference association, or athletic association shall not adopt or enforce a policy, agreement, practice, penalty, or rule of restitution that does, or that threatens to do, either of the following:(i) Prohibit a student athlete from receiving any gift or legitimate business income so long as those provisions are not used as an inducement to participate in a specific athletic program and comply with any federal disclosure laws. That income exceeding twenty-five thousand dollars ($25,000) in a calendar year shall be placed in an account managed by the institution of higher education in which the student athlete is enrolled, and shall be presented to the student athlete within 45 days of the completion of that student athletes eligibility for intercollegiate competition.(ii) Deprive a student athlete of eligibility for competition or scholarship aid, or penalize a student athlete in any other manner, nor shall an institution of higher education or athletic conference be punished in any way any if a student athlete is accused of a rule violation or other offense, other than a criminal charge, if the 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.(B) Upon verification that an athletic association has complied with subparagraph (A), an institution of higher education shall be prohibited from adopting or enforcing a policy, agreement, practice, penalty, or rule of restitution that interferes, or that threatens to interfere, with the rights of a student athlete that are set forth in subparagraph (A).(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.(e) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.SEC. 4. Section 67452.5 is added to the Education Code, to read:67452.5. (a) 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)(1) Send, on or before January 31, 2019, a copy of the act that adds this section to each institution of higher education, athletic conference, multiconference association, and athletic association that maintains operations in California.(2) To receive and promptly investigate complaints made by student athletes and former student athletes.(b)(3) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c)(4) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.(b) (1) Each institution of higher education, athletic conference, multiconference association, and athletic association that fails to comply with any applicable provision of this chapter shall be, along with its personnel, subject to the following penalties and liabilities, as applicable for each day of noncompliance:(A) Personnel shall be subject to a fine of five dollars ($5) per day per enrolled student athlete within the athletic jurisdiction of the organization with which they are associated.(B) An institution of higher education shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete.(C) An athletic conference and an athletic association shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete within the athletic jurisdiction of that conference or association.(2) A fine assessed pursuant to paragraph (1) for a violation or violations of this chapter shall accumulate during the adjudication of any legal claim or appeal concerning the violation or violations, but shall not become due and payable until a final determination concerning the violation or violations in question is rendered.(3) The proceeds of fines assessed pursuant to paragraph (1) shall be deposited in the Student Athlete Bill of Rights Enforcement Fund, which is hereby created in the State Treasury. The moneys deposited in the Student Athlete Bill of Rights Enforcement Fund shall be available, upon appropriation by the Legislature, to the Civil Rights Enforcement Section of the Department of Justice for purposes of enforcing this chapter.(c) A person who has violated a provision of this chapter shall be responsible for the costs incurred by the state in investigating and prosecuting his or her violation.(d) As used in this subdivision:(1) Personnel means a paid or unpaid individual who serves as a representative, board member, executive officer, or director of an institution of higher education, athletic conference, multiconference association, or athletic association with final legal authority, as an individual or a group of individuals, to bind his or her organization to policies and practices that comply with this act.(2) Personnel does not include a former student athlete whose athletic eligibility expired within the previous 36 months.(e) This chapter shall apply to any applicable organizational manual published, or contract entered into, on and after January 1, 2019. This chapter shall also apply, on and after January 1, 2019, to any renewal, modification, or extension of an applicable organizational manual published, or a contract entered into before January 1, 2019.(f) Administrative proceedings related to the enforcement of this section, including, but not necessarily limited to, the presentation of allegations and evidence by the Civil Rights Enforcement Section in support of the imposition of a fine under this section and the response of the person or entity charged with a violation of this chapter to that presentation of allegations and evidence, shall be conducted by the Office of Administrative Hearings in accordance with the pertinent provisions of the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.SEC. 5. Section 67453.3 is added to the Education Code, immediately following Section 67453, to read:67453.3. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 5.SEC. 6. 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, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This paragraph is applicable to both minor and adult collegiate athletes.(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.
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 (1) It is the intent of the Legislature to ensure that student athletes are able to receive food, transportation, and employment, and to receive recognition for their achievements through the receipt of awards or endorsements.(2) 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)(A) 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)(i) This subparagraph does not apply to sources of income from representatives of the athletic interests at an institution of higher education that receives, as an average, ten million dollars ($10,000,000) or more in annual income derived from media rights for intercollegiate athletics.(ii) This subparagraph does not apply to an inducement. For purposes of this subparagraph, inducement is a gift made by an institution of higher education to a student athlete who is enrolled at another institution of higher education in an attempt to recruit that student athlete.(iii) A student athlete shall comply with all pertinent state and federal disclosure laws with respect to any gifts or income he or she receives.(iv) An institution of higher learning may establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to the following provisions:(I) A degree completion fund established by an institution of higher education on or after January 1, 2019, shall be connected with education by way of a full distribution of funds to each student athlete within 60 days of the completion of the student athletes undergraduate degree and intercollegiate athletic participation. A former student athlete whose athletic eligibility expires may use a portion of his or her degree completion fund allocation to pay for costs of attendance while he or she is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of any remaining funds within 60 days of receiving his or her undergraduate degree.(II) Dollar-for-dollar matching funds shall be provided in the form of athletic scholarships or degree completion fund contributions for student athletes of the opposite gender to support federal Title IX compliance if net dollar-for-dollar athletic scholarship or degree completion fund contributions are not otherwise achieved.(III) Each institution of higher education with student athletes who qualify for a degree completion fund earmark shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their degree completion fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(IV) An institution of higher education shall withhold applicable state and federal taxes from each contribution made under this clause and submit the withheld funds to the appropriate government agency.(V) A loan agreement entered into on or after January 1, 2019, that includes a student athletes degree completion fund earmarks is void.(VI) Degree completion fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship and who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(VII) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athletes of an amount no less than the average in-state cost of postsecondary attendance for college athletes of the conference that receive a contribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(B) 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.(3) (A) An athletic conference, multiconference association, or athletic association shall not adopt or enforce a policy, agreement, practice, penalty, or rule of restitution that does, or that threatens to do, either of the following:(i) Prohibit a student athlete from receiving any gift or legitimate business income so long as those provisions are not used as an inducement to participate in a specific athletic program and comply with any federal disclosure laws. That income exceeding twenty-five thousand dollars ($25,000) in a calendar year shall be placed in an account managed by the institution of higher education in which the student athlete is enrolled, and shall be presented to the student athlete within 45 days of the completion of that student athletes eligibility for intercollegiate competition.(ii) Deprive a student athlete of eligibility for competition or scholarship aid, or penalize a student athlete in any other manner, nor shall an institution of higher education or athletic conference be punished in any way any if a student athlete is accused of a rule violation or other offense, other than a criminal charge, if the 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.(B) Upon verification that an athletic association has complied with subparagraph (A), an institution of higher education shall be prohibited from adopting or enforcing a policy, agreement, practice, penalty, or rule of restitution that interferes, or that threatens to interfere, with the rights of a student athlete that are set forth in subparagraph (A).(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.(e) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
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 (1) It is the intent of the Legislature to ensure that student athletes are able to receive food, transportation, and employment, and to receive recognition for their achievements through the receipt of awards or endorsements.(2) 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)(A) 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)(i) This subparagraph does not apply to sources of income from representatives of the athletic interests at an institution of higher education that receives, as an average, ten million dollars ($10,000,000) or more in annual income derived from media rights for intercollegiate athletics.(ii) This subparagraph does not apply to an inducement. For purposes of this subparagraph, inducement is a gift made by an institution of higher education to a student athlete who is enrolled at another institution of higher education in an attempt to recruit that student athlete.(iii) A student athlete shall comply with all pertinent state and federal disclosure laws with respect to any gifts or income he or she receives.(iv) An institution of higher learning may establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to the following provisions:(I) A degree completion fund established by an institution of higher education on or after January 1, 2019, shall be connected with education by way of a full distribution of funds to each student athlete within 60 days of the completion of the student athletes undergraduate degree and intercollegiate athletic participation. A former student athlete whose athletic eligibility expires may use a portion of his or her degree completion fund allocation to pay for costs of attendance while he or she is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of any remaining funds within 60 days of receiving his or her undergraduate degree.(II) Dollar-for-dollar matching funds shall be provided in the form of athletic scholarships or degree completion fund contributions for student athletes of the opposite gender to support federal Title IX compliance if net dollar-for-dollar athletic scholarship or degree completion fund contributions are not otherwise achieved.(III) Each institution of higher education with student athletes who qualify for a degree completion fund earmark shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their degree completion fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(IV) An institution of higher education shall withhold applicable state and federal taxes from each contribution made under this clause and submit the withheld funds to the appropriate government agency.(V) A loan agreement entered into on or after January 1, 2019, that includes a student athletes degree completion fund earmarks is void.(VI) Degree completion fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship and who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(VII) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athletes of an amount no less than the average in-state cost of postsecondary attendance for college athletes of the conference that receive a contribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(B) 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.(3) (A) An athletic conference, multiconference association, or athletic association shall not adopt or enforce a policy, agreement, practice, penalty, or rule of restitution that does, or that threatens to do, either of the following:(i) Prohibit a student athlete from receiving any gift or legitimate business income so long as those provisions are not used as an inducement to participate in a specific athletic program and comply with any federal disclosure laws. That income exceeding twenty-five thousand dollars ($25,000) in a calendar year shall be placed in an account managed by the institution of higher education in which the student athlete is enrolled, and shall be presented to the student athlete within 45 days of the completion of that student athletes eligibility for intercollegiate competition.(ii) Deprive a student athlete of eligibility for competition or scholarship aid, or penalize a student athlete in any other manner, nor shall an institution of higher education or athletic conference be punished in any way any if a student athlete is accused of a rule violation or other offense, other than a criminal charge, if the 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.(B) Upon verification that an athletic association has complied with subparagraph (A), an institution of higher education shall be prohibited from adopting or enforcing a policy, agreement, practice, penalty, or rule of restitution that interferes, or that threatens to interfere, with the rights of a student athlete that are set forth in subparagraph (A).(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.(e) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
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 (1) It is the intent of the Legislature to ensure that student athletes are able to receive food, transportation, and employment, and to receive recognition for their achievements through the receipt of awards or endorsements.(2) 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)(A) 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)(i) This subparagraph does not apply to sources of income from representatives of the athletic interests at an institution of higher education that receives, as an average, ten million dollars ($10,000,000) or more in annual income derived from media rights for intercollegiate athletics.(ii) This subparagraph does not apply to an inducement. For purposes of this subparagraph, inducement is a gift made by an institution of higher education to a student athlete who is enrolled at another institution of higher education in an attempt to recruit that student athlete.(iii) A student athlete shall comply with all pertinent state and federal disclosure laws with respect to any gifts or income he or she receives.(iv) An institution of higher learning may establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to the following provisions:(I) A degree completion fund established by an institution of higher education on or after January 1, 2019, shall be connected with education by way of a full distribution of funds to each student athlete within 60 days of the completion of the student athletes undergraduate degree and intercollegiate athletic participation. A former student athlete whose athletic eligibility expires may use a portion of his or her degree completion fund allocation to pay for costs of attendance while he or she is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of any remaining funds within 60 days of receiving his or her undergraduate degree.(II) Dollar-for-dollar matching funds shall be provided in the form of athletic scholarships or degree completion fund contributions for student athletes of the opposite gender to support federal Title IX compliance if net dollar-for-dollar athletic scholarship or degree completion fund contributions are not otherwise achieved.(III) Each institution of higher education with student athletes who qualify for a degree completion fund earmark shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their degree completion fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(IV) An institution of higher education shall withhold applicable state and federal taxes from each contribution made under this clause and submit the withheld funds to the appropriate government agency.(V) A loan agreement entered into on or after January 1, 2019, that includes a student athletes degree completion fund earmarks is void.(VI) Degree completion fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship and who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(VII) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athletes of an amount no less than the average in-state cost of postsecondary attendance for college athletes of the conference that receive a contribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(B) 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.(3) (A) An athletic conference, multiconference association, or athletic association shall not adopt or enforce a policy, agreement, practice, penalty, or rule of restitution that does, or that threatens to do, either of the following:(i) Prohibit a student athlete from receiving any gift or legitimate business income so long as those provisions are not used as an inducement to participate in a specific athletic program and comply with any federal disclosure laws. That income exceeding twenty-five thousand dollars ($25,000) in a calendar year shall be placed in an account managed by the institution of higher education in which the student athlete is enrolled, and shall be presented to the student athlete within 45 days of the completion of that student athletes eligibility for intercollegiate competition.(ii) Deprive a student athlete of eligibility for competition or scholarship aid, or penalize a student athlete in any other manner, nor shall an institution of higher education or athletic conference be punished in any way any if a student athlete is accused of a rule violation or other offense, other than a criminal charge, if the 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.(B) Upon verification that an athletic association has complied with subparagraph (A), an institution of higher education shall be prohibited from adopting or enforcing a policy, agreement, practice, penalty, or rule of restitution that interferes, or that threatens to interfere, with the rights of a student athlete that are set forth in subparagraph (A).(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.(e) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
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 (1) It is the intent of the Legislature to ensure that student athletes are able to receive food, transportation, and employment, and to receive recognition for their achievements through the receipt of awards or endorsements.(2) 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)(A) 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)(i) This subparagraph does not apply to sources of income from representatives of the athletic interests at an institution of higher education that receives, as an average, ten million dollars ($10,000,000) or more in annual income derived from media rights for intercollegiate athletics.(ii) This subparagraph does not apply to an inducement. For purposes of this subparagraph, inducement is a gift made by an institution of higher education to a student athlete who is enrolled at another institution of higher education in an attempt to recruit that student athlete.(iii) A student athlete shall comply with all pertinent state and federal disclosure laws with respect to any gifts or income he or she receives.(iv) An institution of higher learning may establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to the following provisions:(I) A degree completion fund established by an institution of higher education on or after January 1, 2019, shall be connected with education by way of a full distribution of funds to each student athlete within 60 days of the completion of the student athletes undergraduate degree and intercollegiate athletic participation. A former student athlete whose athletic eligibility expires may use a portion of his or her degree completion fund allocation to pay for costs of attendance while he or she is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of any remaining funds within 60 days of receiving his or her undergraduate degree.(II) Dollar-for-dollar matching funds shall be provided in the form of athletic scholarships or degree completion fund contributions for student athletes of the opposite gender to support federal Title IX compliance if net dollar-for-dollar athletic scholarship or degree completion fund contributions are not otherwise achieved.(III) Each institution of higher education with student athletes who qualify for a degree completion fund earmark shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their degree completion fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(IV) An institution of higher education shall withhold applicable state and federal taxes from each contribution made under this clause and submit the withheld funds to the appropriate government agency.(V) A loan agreement entered into on or after January 1, 2019, that includes a student athletes degree completion fund earmarks is void.(VI) Degree completion fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship and who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(VII) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athletes of an amount no less than the average in-state cost of postsecondary attendance for college athletes of the conference that receive a contribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(B) 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.(3) (A) An athletic conference, multiconference association, or athletic association shall not adopt or enforce a policy, agreement, practice, penalty, or rule of restitution that does, or that threatens to do, either of the following:(i) Prohibit a student athlete from receiving any gift or legitimate business income so long as those provisions are not used as an inducement to participate in a specific athletic program and comply with any federal disclosure laws. That income exceeding twenty-five thousand dollars ($25,000) in a calendar year shall be placed in an account managed by the institution of higher education in which the student athlete is enrolled, and shall be presented to the student athlete within 45 days of the completion of that student athletes eligibility for intercollegiate competition.(ii) Deprive a student athlete of eligibility for competition or scholarship aid, or penalize a student athlete in any other manner, nor shall an institution of higher education or athletic conference be punished in any way any if a student athlete is accused of a rule violation or other offense, other than a criminal charge, if the 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.(B) Upon verification that an athletic association has complied with subparagraph (A), an institution of higher education shall be prohibited from adopting or enforcing a policy, agreement, practice, penalty, or rule of restitution that interferes, or that threatens to interfere, with the rights of a student athlete that are set forth in subparagraph (A).(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.(e) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
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 (1) It is the intent of the Legislature to ensure that student athletes are able to receive food, transportation, and employment, and to receive recognition for their achievements through the receipt of awards or endorsements.
(2) 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)
(A) 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)
(i) This subparagraph does not apply to sources of income from representatives of the athletic interests at an institution of higher education that receives, as an average, ten million dollars ($10,000,000) or more in annual income derived from media rights for intercollegiate athletics.
(ii) This subparagraph does not apply to an inducement. For purposes of this subparagraph, inducement is a gift made by an institution of higher education to a student athlete who is enrolled at another institution of higher education in an attempt to recruit that student athlete.
(iii) A student athlete shall comply with all pertinent state and federal disclosure laws with respect to any gifts or income he or she receives.
(iv) An institution of higher learning may establish a degree completion fund with contributions earmarked for student athletes participating in one or more intercollegiate teams to collect income or financial gifts given to student athletes pursuant to the following provisions:
(I) A degree completion fund established by an institution of higher education on or after January 1, 2019, shall be connected with education by way of a full distribution of funds to each student athlete within 60 days of the completion of the student athletes undergraduate degree and intercollegiate athletic participation. A former student athlete whose athletic eligibility expires may use a portion of his or her degree completion fund allocation to pay for costs of attendance while he or she is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of any remaining funds within 60 days of receiving his or her undergraduate degree.
(II) Dollar-for-dollar matching funds shall be provided in the form of athletic scholarships or degree completion fund contributions for student athletes of the opposite gender to support federal Title IX compliance if net dollar-for-dollar athletic scholarship or degree completion fund contributions are not otherwise achieved.
(III) Each institution of higher education with student athletes who qualify for a degree completion fund earmark shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their degree completion fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.
(IV) An institution of higher education shall withhold applicable state and federal taxes from each contribution made under this clause and submit the withheld funds to the appropriate government agency.
(V) A loan agreement entered into on or after January 1, 2019, that includes a student athletes degree completion fund earmarks is void.
(VI) Degree completion fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship and who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.
(VII) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athletes of an amount no less than the average in-state cost of postsecondary attendance for college athletes of the conference that receive a contribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.
(B) 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.
(3) (A) An athletic conference, multiconference association, or athletic association shall not adopt or enforce a policy, agreement, practice, penalty, or rule of restitution that does, or that threatens to do, either of the following:
(i) Prohibit a student athlete from receiving any gift or legitimate business income so long as those provisions are not used as an inducement to participate in a specific athletic program and comply with any federal disclosure laws. That income exceeding twenty-five thousand dollars ($25,000) in a calendar year shall be placed in an account managed by the institution of higher education in which the student athlete is enrolled, and shall be presented to the student athlete within 45 days of the completion of that student athletes eligibility for intercollegiate competition.
(ii) Deprive a student athlete of eligibility for competition or scholarship aid, or penalize a student athlete in any other manner, nor shall an institution of higher education or athletic conference be punished in any way any if a student athlete is accused of a rule violation or other offense, other than a criminal charge, if the 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.
(B) Upon verification that an athletic association has complied with subparagraph (A), an institution of higher education shall be prohibited from adopting or enforcing a policy, agreement, practice, penalty, or rule of restitution that interferes, or that threatens to interfere, with the rights of a student athlete that are set forth in subparagraph (A).
(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.
(e) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
SEC. 4. Section 67452.5 is added to the Education Code, to read:67452.5. (a) 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)(1) Send, on or before January 31, 2019, a copy of the act that adds this section to each institution of higher education, athletic conference, multiconference association, and athletic association that maintains operations in California.(2) To receive and promptly investigate complaints made by student athletes and former student athletes.(b)(3) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c)(4) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.(b) (1) Each institution of higher education, athletic conference, multiconference association, and athletic association that fails to comply with any applicable provision of this chapter shall be, along with its personnel, subject to the following penalties and liabilities, as applicable for each day of noncompliance:(A) Personnel shall be subject to a fine of five dollars ($5) per day per enrolled student athlete within the athletic jurisdiction of the organization with which they are associated.(B) An institution of higher education shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete.(C) An athletic conference and an athletic association shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete within the athletic jurisdiction of that conference or association.(2) A fine assessed pursuant to paragraph (1) for a violation or violations of this chapter shall accumulate during the adjudication of any legal claim or appeal concerning the violation or violations, but shall not become due and payable until a final determination concerning the violation or violations in question is rendered.(3) The proceeds of fines assessed pursuant to paragraph (1) shall be deposited in the Student Athlete Bill of Rights Enforcement Fund, which is hereby created in the State Treasury. The moneys deposited in the Student Athlete Bill of Rights Enforcement Fund shall be available, upon appropriation by the Legislature, to the Civil Rights Enforcement Section of the Department of Justice for purposes of enforcing this chapter.(c) A person who has violated a provision of this chapter shall be responsible for the costs incurred by the state in investigating and prosecuting his or her violation.(d) As used in this subdivision:(1) Personnel means a paid or unpaid individual who serves as a representative, board member, executive officer, or director of an institution of higher education, athletic conference, multiconference association, or athletic association with final legal authority, as an individual or a group of individuals, to bind his or her organization to policies and practices that comply with this act.(2) Personnel does not include a former student athlete whose athletic eligibility expired within the previous 36 months.(e) This chapter shall apply to any applicable organizational manual published, or contract entered into, on and after January 1, 2019. This chapter shall also apply, on and after January 1, 2019, to any renewal, modification, or extension of an applicable organizational manual published, or a contract entered into before January 1, 2019.(f) Administrative proceedings related to the enforcement of this section, including, but not necessarily limited to, the presentation of allegations and evidence by the Civil Rights Enforcement Section in support of the imposition of a fine under this section and the response of the person or entity charged with a violation of this chapter to that presentation of allegations and evidence, shall be conducted by the Office of Administrative Hearings in accordance with the pertinent provisions of the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
SEC. 4. Section 67452.5 is added to the Education Code, to read:
### SEC. 4.
67452.5. (a) 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)(1) Send, on or before January 31, 2019, a copy of the act that adds this section to each institution of higher education, athletic conference, multiconference association, and athletic association that maintains operations in California.(2) To receive and promptly investigate complaints made by student athletes and former student athletes.(b)(3) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c)(4) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.(b) (1) Each institution of higher education, athletic conference, multiconference association, and athletic association that fails to comply with any applicable provision of this chapter shall be, along with its personnel, subject to the following penalties and liabilities, as applicable for each day of noncompliance:(A) Personnel shall be subject to a fine of five dollars ($5) per day per enrolled student athlete within the athletic jurisdiction of the organization with which they are associated.(B) An institution of higher education shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete.(C) An athletic conference and an athletic association shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete within the athletic jurisdiction of that conference or association.(2) A fine assessed pursuant to paragraph (1) for a violation or violations of this chapter shall accumulate during the adjudication of any legal claim or appeal concerning the violation or violations, but shall not become due and payable until a final determination concerning the violation or violations in question is rendered.(3) The proceeds of fines assessed pursuant to paragraph (1) shall be deposited in the Student Athlete Bill of Rights Enforcement Fund, which is hereby created in the State Treasury. The moneys deposited in the Student Athlete Bill of Rights Enforcement Fund shall be available, upon appropriation by the Legislature, to the Civil Rights Enforcement Section of the Department of Justice for purposes of enforcing this chapter.(c) A person who has violated a provision of this chapter shall be responsible for the costs incurred by the state in investigating and prosecuting his or her violation.(d) As used in this subdivision:(1) Personnel means a paid or unpaid individual who serves as a representative, board member, executive officer, or director of an institution of higher education, athletic conference, multiconference association, or athletic association with final legal authority, as an individual or a group of individuals, to bind his or her organization to policies and practices that comply with this act.(2) Personnel does not include a former student athlete whose athletic eligibility expired within the previous 36 months.(e) This chapter shall apply to any applicable organizational manual published, or contract entered into, on and after January 1, 2019. This chapter shall also apply, on and after January 1, 2019, to any renewal, modification, or extension of an applicable organizational manual published, or a contract entered into before January 1, 2019.(f) Administrative proceedings related to the enforcement of this section, including, but not necessarily limited to, the presentation of allegations and evidence by the Civil Rights Enforcement Section in support of the imposition of a fine under this section and the response of the person or entity charged with a violation of this chapter to that presentation of allegations and evidence, shall be conducted by the Office of Administrative Hearings in accordance with the pertinent provisions of the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
67452.5. (a) 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)(1) Send, on or before January 31, 2019, a copy of the act that adds this section to each institution of higher education, athletic conference, multiconference association, and athletic association that maintains operations in California.(2) To receive and promptly investigate complaints made by student athletes and former student athletes.(b)(3) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c)(4) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.(b) (1) Each institution of higher education, athletic conference, multiconference association, and athletic association that fails to comply with any applicable provision of this chapter shall be, along with its personnel, subject to the following penalties and liabilities, as applicable for each day of noncompliance:(A) Personnel shall be subject to a fine of five dollars ($5) per day per enrolled student athlete within the athletic jurisdiction of the organization with which they are associated.(B) An institution of higher education shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete.(C) An athletic conference and an athletic association shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete within the athletic jurisdiction of that conference or association.(2) A fine assessed pursuant to paragraph (1) for a violation or violations of this chapter shall accumulate during the adjudication of any legal claim or appeal concerning the violation or violations, but shall not become due and payable until a final determination concerning the violation or violations in question is rendered.(3) The proceeds of fines assessed pursuant to paragraph (1) shall be deposited in the Student Athlete Bill of Rights Enforcement Fund, which is hereby created in the State Treasury. The moneys deposited in the Student Athlete Bill of Rights Enforcement Fund shall be available, upon appropriation by the Legislature, to the Civil Rights Enforcement Section of the Department of Justice for purposes of enforcing this chapter.(c) A person who has violated a provision of this chapter shall be responsible for the costs incurred by the state in investigating and prosecuting his or her violation.(d) As used in this subdivision:(1) Personnel means a paid or unpaid individual who serves as a representative, board member, executive officer, or director of an institution of higher education, athletic conference, multiconference association, or athletic association with final legal authority, as an individual or a group of individuals, to bind his or her organization to policies and practices that comply with this act.(2) Personnel does not include a former student athlete whose athletic eligibility expired within the previous 36 months.(e) This chapter shall apply to any applicable organizational manual published, or contract entered into, on and after January 1, 2019. This chapter shall also apply, on and after January 1, 2019, to any renewal, modification, or extension of an applicable organizational manual published, or a contract entered into before January 1, 2019.(f) Administrative proceedings related to the enforcement of this section, including, but not necessarily limited to, the presentation of allegations and evidence by the Civil Rights Enforcement Section in support of the imposition of a fine under this section and the response of the person or entity charged with a violation of this chapter to that presentation of allegations and evidence, shall be conducted by the Office of Administrative Hearings in accordance with the pertinent provisions of the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
67452.5. (a) 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)(1) Send, on or before January 31, 2019, a copy of the act that adds this section to each institution of higher education, athletic conference, multiconference association, and athletic association that maintains operations in California.(2) To receive and promptly investigate complaints made by student athletes and former student athletes.(b)(3) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.(c)(4) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.(b) (1) Each institution of higher education, athletic conference, multiconference association, and athletic association that fails to comply with any applicable provision of this chapter shall be, along with its personnel, subject to the following penalties and liabilities, as applicable for each day of noncompliance:(A) Personnel shall be subject to a fine of five dollars ($5) per day per enrolled student athlete within the athletic jurisdiction of the organization with which they are associated.(B) An institution of higher education shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete.(C) An athletic conference and an athletic association shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete within the athletic jurisdiction of that conference or association.(2) A fine assessed pursuant to paragraph (1) for a violation or violations of this chapter shall accumulate during the adjudication of any legal claim or appeal concerning the violation or violations, but shall not become due and payable until a final determination concerning the violation or violations in question is rendered.(3) The proceeds of fines assessed pursuant to paragraph (1) shall be deposited in the Student Athlete Bill of Rights Enforcement Fund, which is hereby created in the State Treasury. The moneys deposited in the Student Athlete Bill of Rights Enforcement Fund shall be available, upon appropriation by the Legislature, to the Civil Rights Enforcement Section of the Department of Justice for purposes of enforcing this chapter.(c) A person who has violated a provision of this chapter shall be responsible for the costs incurred by the state in investigating and prosecuting his or her violation.(d) As used in this subdivision:(1) Personnel means a paid or unpaid individual who serves as a representative, board member, executive officer, or director of an institution of higher education, athletic conference, multiconference association, or athletic association with final legal authority, as an individual or a group of individuals, to bind his or her organization to policies and practices that comply with this act.(2) Personnel does not include a former student athlete whose athletic eligibility expired within the previous 36 months.(e) This chapter shall apply to any applicable organizational manual published, or contract entered into, on and after January 1, 2019. This chapter shall also apply, on and after January 1, 2019, to any renewal, modification, or extension of an applicable organizational manual published, or a contract entered into before January 1, 2019.(f) Administrative proceedings related to the enforcement of this section, including, but not necessarily limited to, the presentation of allegations and evidence by the Civil Rights Enforcement Section in support of the imposition of a fine under this section and the response of the person or entity charged with a violation of this chapter to that presentation of allegations and evidence, shall be conducted by the Office of Administrative Hearings in accordance with the pertinent provisions of the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).(g) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
67452.5. (a) 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)
(1) Send, on or before January 31, 2019, a copy of the act that adds this section to each institution of higher education, athletic conference, multiconference association, and athletic association that maintains operations in California.
(2) To receive and promptly investigate complaints made by student athletes and former student athletes.
(b)
(3) To prosecute violations of this part by institutions of higher education and athletic associations, and by persons employed by those entities.
(c)
(4) To issue subpoenas and conduct audits as necessary to ensure, or assess the extent of, compliance with this part.
(b) (1) Each institution of higher education, athletic conference, multiconference association, and athletic association that fails to comply with any applicable provision of this chapter shall be, along with its personnel, subject to the following penalties and liabilities, as applicable for each day of noncompliance:
(A) Personnel shall be subject to a fine of five dollars ($5) per day per enrolled student athlete within the athletic jurisdiction of the organization with which they are associated.
(B) An institution of higher education shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete.
(C) An athletic conference and an athletic association shall be subject to a fine of fifty dollars ($50) per day per enrolled student athlete within the athletic jurisdiction of that conference or association.
(2) A fine assessed pursuant to paragraph (1) for a violation or violations of this chapter shall accumulate during the adjudication of any legal claim or appeal concerning the violation or violations, but shall not become due and payable until a final determination concerning the violation or violations in question is rendered.
(3) The proceeds of fines assessed pursuant to paragraph (1) shall be deposited in the Student Athlete Bill of Rights Enforcement Fund, which is hereby created in the State Treasury. The moneys deposited in the Student Athlete Bill of Rights Enforcement Fund shall be available, upon appropriation by the Legislature, to the Civil Rights Enforcement Section of the Department of Justice for purposes of enforcing this chapter.
(c) A person who has violated a provision of this chapter shall be responsible for the costs incurred by the state in investigating and prosecuting his or her violation.
(d) As used in this subdivision:
(1) Personnel means a paid or unpaid individual who serves as a representative, board member, executive officer, or director of an institution of higher education, athletic conference, multiconference association, or athletic association with final legal authority, as an individual or a group of individuals, to bind his or her organization to policies and practices that comply with this act.
(2) Personnel does not include a former student athlete whose athletic eligibility expired within the previous 36 months.
(e) This chapter shall apply to any applicable organizational manual published, or contract entered into, on and after January 1, 2019. This chapter shall also apply, on and after January 1, 2019, to any renewal, modification, or extension of an applicable organizational manual published, or a contract entered into before January 1, 2019.
(f) Administrative proceedings related to the enforcement of this section, including, but not necessarily limited to, the presentation of allegations and evidence by the Civil Rights Enforcement Section in support of the imposition of a fine under this section and the response of the person or entity charged with a violation of this chapter to that presentation of allegations and evidence, shall be conducted by the Office of Administrative Hearings in accordance with the pertinent provisions of the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).
(g) This section shall become operative only after the head of the Civil Rights Enforcement Section of the Department of Justice certifies, in writing, to the Secretary of State that a national athletic association has enacted changes in its bylaws so that institutions of higher education in this state will not be penalized by that athletic association for compliance with this chapter.
SEC. 5. Section 67453.3 is added to the Education Code, immediately following Section 67453, to read:67453.3. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5. Section 67453.3 is added to the Education Code, immediately following Section 67453, to read:
### SEC. 5.
67453.3. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
67453.3. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
67453.3. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
67453.3. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.SEC. 6. 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, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This paragraph is applicable to both minor and adult collegiate athletes.(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.SEC. 6. Section 11165.7 of the Penal Code is amended to read:
### SEC. 5.SEC. 6.
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, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This paragraph is applicable to both minor and adult collegiate athletes.(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, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This paragraph is applicable to both minor and adult collegiate athletes.(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, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This paragraph is applicable to both minor and adult collegiate athletes.(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, any employee of a collegiate athletic program, or any medical professional providing care to students on behalf of a collegiate athletic program at a public or private postsecondary educational institution, or any employee of an intercollegiate athletic conference or intercollegiate multiconference association or athletic association, 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. This paragraph is applicable to both minor and adult collegiate athletes.
(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.