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The following information is provided in accordance with the requirements of California Assembly Bill No. 2079.  Should you require further information or explanation regarding Cal Poly Athletics policies concerning athletic scholarship issuance, renewal, release or medical expenses, please contact the Department of Intercollegiate Athletics.

 

Assembly Bill No. 2079

 

CHAPTER 592

 

An act to add Section 67365 to the Education Code, relating to student athletes.

 

[Approved by Governor September 30, 2010. Filed with Secretary of State September 30, 2010.]

 

legislative counsel’s digest

 

AB 2079, Torlakson. Student athletes: scholarships.

Existing law prohibits any person from giving, offering, promising, or attempting to give any money or any other thing of value to any particular student athlete or member of the immediate family of the student athlete for purposes of inducing or encouraging the student athlete’s application, enrollment, or attendance at a public or private institution of postsecondary education in order to have the athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution, except in accordance with the bylaws of the National Collegiate Athletic Association, as specified.

This bill, commencing January 1, 2012, would require a California postsecondary educational institution that offers athletic scholarships, or that provides, by any delivery method, written material regarding its athletic program to a student athlete, to provide specified information on its Internet Web site that describes, among other things, the institution’s athletic program’s policies concerning athletic scholarship issuance, renewal, release, and medical expenses.

 

The people of the State of California do enact as follows:

 

SECTION 1. Section 67365 is added to the Education Code, to read:

67365. (a) For purposes of this section, the following definitions shall apply:

(1) “Athletic program” means any intercollegiate athletic program from a postsecondary educational institution in the State of California that solicits student athletes to apply, enroll, or attend the postsecondary educational institution in order to have the student athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution.

(2) “Student athlete” means an individual who attends an elementary, junior high, high school, or postsecondary educational institution, and who participates in any interscholastic athletic program in California, including an individual who receives scholarship funds for his or her athletic participation and an individual who does not receive scholarship funds for his or her athletic participation.

(b) Commencing January 1, 2012, a California postsecondary educational institution that offers athletic scholarships shall provide all of the following information on its Internet Web site:

(1) All of the following athletic scholarship information:

(A) The most recent cost of attendance expenses as published by the postsecondary educational institution’s financial aid offices for the academic year and for the summer year.

 

Cost of attendance expenses are published by the Financial Aid office and may be revised from time to time.

The following data is extracted from the Cal Poly website; for the most current information access the Cal Poly website directly at:

http://financialaid.calpoly.edu   and click on “Cost of Attendance” link in left margin.

2011/2012 Cal Poly Student Budget

The CSU makes every effort to keep student costs to a minimum. Fees listed in published schedules or student accounts may need to be increased when public funding is inadequate. Therefore, the CSU must reserve the right, even after initial fee payments are made, to increase or modify any listed fees, without notice, until the date when instruction for a particular semester or quarter has begun. All CSU listed fees should be regarded as estimates that are subject to change upon approval by The Board of Trustees.

Budgets are estimated and subject to change.

 

The estimated annual cost of attending Cal Poly is broken into four budgets

Expense

Undergraduate
On/Off Campus

Graduate
On/Off Campus

Credential
On/Off Campus

Undergraduate
Living w/Parents

Fees & Tuition*

$7,921

$9,187

$8,797

$7,921

Books & Supplies

$1,698

$1,698

$1,698

$1,698

Room & Board

$10,476

$10,476

$10,476

$4,086

Transportation

$1,107

$1,107

$1,107

$1,107

Personal / Misc.

$2,286

$2,286

$2,286

$2,286

TOTAL

$23,488

$24,754

$24,364

$17,098

* Non-resident students pay fees plus $248 per unit non-resident tuition.
Graduate Business students pay fees plus $169 per unit professional fee.
Registration fees are estimated and subject to state budget approval.
On-campus housing and meal costs are at estimated financial aid installment rate.

Summer quarter cost of attendance expenses are not yet published.  Contact the Financial Aid Office for current information.

 

(B) The sum of expenses identified in subparagraph (A) that are prohibited from inclusion in a full grant-in-aid athletic scholarship pursuant to the National Collegiate Athletic Association’s (NCAA) rules and regulations.

 

Per NCAA by-law 15.02.5: “A full grant-in-aid is financial aid that consists of tuition and fees, room and board, and course-related books.”  Transportation and Personal/Misc. expenses identified above are prohibited from inclusion in an athletic grant-in-aid.  The cost of “Books & Supplies” identified above is estimated by Cal Poly’s Financial Aid Office; this amount is not included in an athletic scholarship.  Unless specifically stated otherwise, a full grant-in-aid includes a book allowance of $400 per year in 2011-12, increased to $800 in 2012-13.  If so stated in writing, a full grant-in-aid may include the actual cost of course-required textbooks. 

 

(C) The policy of the postsecondary educational institution’s athletic program as to whether student athletes will receive athletic scholarships for summer school, and, if so, whether these scholarships are proportional to athletic scholarships received during the regular academic school year.

 

Limited summer school financial aid funds are available.  The total amount of funding available varies from year to year, and the amount of any award will be considered on a case by case basis.

 

(D) The average monthly full grant-in-aid athletic scholarship payment received by student athletes who live on-campus and off-campus, respectively, during the regular academic year and summer school session.

 

Any payment to be received by the student-athlete is divided equally over three academic quarters (Fall, Winter and Spring) and is disbursed by the Financial Aid Office toward the beginning of each quarter.  On-campus and off-campus athletic scholarships amounts are the same.  Only cash awards are disbursed directly to the student-athlete; all other award amounts are applied directly to offset tuition & fees, dorm plan and meal plan costs, as applicable.

 

(E) The following information relating to NCAA scholarship rules:

 

“Pursuant to NCAA rules, a verbal commitment is not binding on either the student athlete or the institution. The National Letter of Intent is a binding agreement between a prospective student athlete and an institution in which the institution agrees to provide a prospective student athlete who is admitted to the institution and is eligible for financial aid under NCAA rules athletics aid for one academic year in exchange for the prospective student athlete’s agreement to attend the institution for one academic year. The National Letter of Intent must be accompanied by an institutional financial aid agreement. If the prospective student athlete signs the National Letter of Intent but does not enroll at that institution for a full academic year, he or she may be subject to specific penalties, including loss of a season of eligibility and a mandatory residence requirement.”

 

(2) All of the following athletic scholarship renewal information:

(A) The NCAA’s policy on scholarship duration.

 

Per NCAA Bylaw 15.02.7 and 15.3.3.1, an athletics grant-in-aid shall not be awarded in excess of one academic year nor for a period less than one year with exceptions as stated in NCAA Bylaw 15.3.3.1.1.

As of August 1, 2012, at the institution’s discretion, it will be permissible to award grants in multiple year awards not to exceed the five-year period of eligibility.  One year grants shall be awarded in equal amounts (per NCAA Bylaw 15.3.2.3) for each term of the academic year.

 

(B) The policy of the postsecondary educational institution’s athletic program concerning the renewal or nonrenewal of an athletic scholarship, including circumstances in which a student athlete in good standing suffers a temporary or permanent sports-related injury, there is a coaching change, or a student athlete’s athletic performance is deemed to be below expectations.

 

The renewal of institutional financial aid based in any degree on athletics ability shall be made on or before July 1 prior to the academic year in which it is to be effective.  The institution shall notify in writing each student-athlete with eligibility remaining who received an award the previous academic year whether the grant has been renewed, reduced or not renewed for the ensuring academic year.  This notification will come from the financial aid office.

 

Athletic aid may be reduced or cancelled if the student renders himself or herself ineligible for competition, fraudulently misrepresents any information on any application, letter of intent or financial aid agreement, engages in serious misconduct warranting substantial disciplinary penalty or voluntarily withdraws from the sport (Bylaw 15.3.4.2). Those students whose athletically related financial aid is reduced or not renewed for the ensuing academic year, shall, upon written request, be provided a hearing before the financial aid appeals committee. The procedures and opportunity for a hearing will be sent under the same cover as the letter of reduction or non-renewal.

 

(3) All of the following athletically related medical expenses information:

(A) The NCAA’s policy on whether athletic programs are mandated to pay for athletically related medical expenses.

 

Per NCAA Bylaw 16.4.1, it is permissible for institutions to pay for identified medical expense benefits which are incidental to a student-athlete’s participation in intercollegiate athletics.

 

(B) The policy of the postsecondary educational institution’s athletic program on whether it will pay for student athletes’ athletically related medical expenses, including deductibles, copays, coinsurance, and whether the program will pay for athletically related medical expenses that exceed any maximum insurance coverage limits.

 

Cal Poly participates in the California State University’s Risk Management Authority – Athletic Injury Medical Expense program (CSURMA-AIME).  This program provides secondary (or excess) coverage for injuries sustained while participating in supervised practice or play of intercollegiate athletics.  This means that the student-athletes primary insurance will be billed first in all cases, and the remaining balance or co-payments will be submitted to the athletic department’s secondary insurance for payment consideration.  Cal Poly will utilize the NCAA Catastrophic Injury program when necessary.  Reasonable and customary charges will be considered under CSURMA-AIME coverage.

 

(C) The policy of the institution’s athletic program concerning who is required to pay for any required athletically related insurance premiums for student athletes who do not have such insurance.

 

Cal Poly requires that all prospective student athletes show proof of medical insurance prior to participation in intercollegiate athletic activity.  Prospective student athletes who are unable to obtain medical insurance may qualify for supplemental insurance coverage under the guidelines of the NCAA’s Special Assistance Fund, based on financial need.  These athletes will be considered on a case by case basis.

 

(D) The duration of time the postsecondary educational institution’s athletic program continues to pay for athletically related medical expenses after a student athlete’s athletic eligibility expires.

 

The CSURMA-AIME program has a two year period of benefits.  Injuries must be reported and documented in the athletic training room at the time of the injury.  The athlete has two years from the date of injury listed on the notification of injury form to receive treatment for the injury and turn in claims to the CSURMA-AIME program.

 

(E) Whether or not an athletic program’s medical policy covers expenses associated with attaining a second medical opinion for an athletically related injury from a medical physician who is not associated with the athletic program, and whether the athletic program provides coverage for services received by such a physician.

 

Student-athletes must utilize their primary care insurance whenever possible.  The CSURMA-AIME program will cover second medical opinions as long as the athlete has utilized their primary insurance plan or consulted with the Cal Poly Athletic Training Staff.

 

(4) All of the following athletic release information:

(A) The NCAA policy on whether an athletic program may refuse to grant an athletic release to a student athlete who wishes to transfer to another postsecondary educational institution.

 

Per NCAA Bylaws 13.1.1.3.1 and 14.5.5.2.10.1, if an institution denies another institution’s written request to contact a student-athlete or if an institution denies a student-athlete’s written request for a full release, the institution shall inform the student-athlete in writing that he or she, upon written request, shall be provided a hearing conducted by an institutional entity or committee outside of the athletic department.  The institution shall conduct the hearing and provide written results of the hearing to the student-athlete within 15 business days (bylaw 14.02.2) of receipt of the student-athlete’s written request for a hearing.  The student-athlete shall be provided the opportunity to actively participate in the hearing.  If the institution fails to conduct the hearing or provide the written results to the student-athlete within 15 business days, the release shall be granted by default and the institution shall provide a written release to the student-athlete.

 

(B) The policy of the postsecondary educational institution’s athletic program concerning whether it may use any power to refuse to grant an athletic release for a student athlete who wishes to transfer to another postsecondary educational institution.

 

The Director of Athletics in consultation with the head coach retains the authority to grant or deny a release of a student-athlete depending on circumstances that may have an impact on the student-athlete, the team, the athletic department or Cal Poly.

 

(c) Commencing January 1, 2012, a postsecondary educational institution that provides, by any delivery method, written material regarding its athletic program to a student athlete shall include a direct link to the institution’s Internet Web page, where the student athlete shall be able to access all of the information regarding the institution’s athletic scholarship program as described in subdivision (b).

The following information is provided in accordance with the requirements of California Assembly Bill No. 2079.  Should you require further information or explanation regarding Cal Poly Athletics policies concerning athletic scholarship issuance, renewal, release or medical expenses, please contact the Department of Intercollegiate Athletics.

 

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