MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Universities and Colleges; Judiciary A
By: Representative Harness
AN ACT TO ESTABLISH THE STUDENT ATHLETE BILL OF RIGHTS; TO CREATE A MISSISSIPPI BASED NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION WORKING GROUP TO STUDY THE MISSISSIPPI ASSOCIATION OF COMMUNITY AND JUNIOR COLLEGES BYLAWS, NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION'S BYLAWS, AND ANY STATE AND FEDERAL LAWS OR REGULATIONS REGARDING A COMMUNITY COLLEGE ATHLETE'S USE OF THE ATHLETE'S NAME, IMAGE AND LIKENESS FOR COMPENSATION; TO AUTHORIZE POSTSECONDARY EDUCATIONAL INSTITUTIONS TO ESTABLISH A DEGREE COMPLETION FUND; TO REQUIRE POSTSECONDARY EDUCATIONAL INSTITUTIONS TO PREPARE NOTICES DETAILING SPECIFIED RIGHTS OF STUDENT ATHLETES AND CONTACT INFORMATION FOR FILING COMPLAINTS UNDER THE STUDENT ATHLETE BILL OF RIGHTS; TO PROHIBIT POSTSECONDARY EDUCATIONAL INSTITUTIONS FROM INTENTIONALLY RETALIATING AGAINST A STUDENT ATHLETE; TO PROHIBIT POSTSECONDARY EDUCATIONAL INSTITUTIONS, EXCEPT COMMUNITY OR JUNIOR COLLEGES, FROM PROVIDING A PROSPECTIVE INTERCOLLEGIATE STUDENT ATHLETE WITH COMPENSATION IN RELATION TO THE ATHLETE'S NAME, IMAGE OR LIKENESS, OR PREVENTING A STUDENT PARTICIPATING IN INTERCOLLEGIATE ATHLETICS FROM EARNING COMPENSATION AS A RESULT OF THE USE OF THE STUDENT'S NAME, IMAGE OR LIKENESS OR OBTAINING PROFESSIONAL REPRESENTATION RELATING TO THE STUDENT'S PARTICIPATION IN INTERCOLLEGIATE ATHLETICS; TO PROHIBIT AN ATHLETIC ASSOCIATION, CONFERENCE OR OTHER GROUP OR ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS FROM PREVENTING A POSTSECONDARY EDUCATIONAL INSTITUTION, OTHER THAN A COMMUNITY OR JUNIOR COLLEGE, FROM PARTICIPATING IN INTERCOLLEGIATE ATHLETICS AS A RESULT OF THE COMPENSATION OF A STUDENT ATHLETE FOR THE USE OF THE STUDENT'S NAME, IMAGE OR LIKENESS; TO REQUIRE PROFESSIONAL REPRESENTATION OBTAINED BY STUDENT ATHLETES TO BE LICENSED BY THE STATE OF MISSISSIPPI; TO REQUIRE ATHLETIC AGENTS TO COMPLY WITH FEDERAL LAW IN THEIR RELATIONSHIPS WITH STUDENT ATHLETES; TO PROHIBIT THE REVOCATION OF A STUDENT'S SCHOLARSHIP AS A RESULT OF EARNING COMPENSATION OR OBTAINING LEGAL REPRESENTATION AS AUTHORIZED UNDER THESE PROVISIONS; TO PROHIBIT A STUDENT ATHLETE FROM ENTERING INTO A CONTRACT PROVIDING COMPENSATION TO THE ATHLETE FOR USE OF THE ATHLETE'S NAME, IMAGE OR LIKENESS IF A PROVISION OF THE CONTRACT IS IN CONFLICT WITH A PROVISION OF THE ATHLETE'S TEAM CONTRACT; TO PROHIBIT A TEAM CONTRACT FROM PREVENTING A STUDENT ATHLETE FROM USING THE ATHLETE'S NAME, IMAGE OR LIKENESS FOR A COMMERCIAL PURPOSE WHEN THE ATHLETE IS NOT ENGAGED IN OFFICIAL TEAM ACTIVITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It is the intent of the Legislature to monitor the National Collegiate Athletic Association (NCAA) Working Group created in May 2019 to examine issues relating to the use of a student's name, image, and likeness and revisit this issue to implement significant findings and recommendations of the NCAA working group in furtherance of the statutory changes proposed by this act.
(2) It is the intent of the Legislature to continue to develop policies to ensure that appropriate protections are in place to avoid exploitation of student athletes, colleges and universities.
(3) The Legislature finds and declares that Mississippi's community colleges are two-year institutions not governed by the National Collegiate Athletic Association. In acknowledgment of this, it is the intent of the Legislature to create a Mississippi-based National Junior College Athletic Association Working Group to study the Mississippi Association of Community and Junior Colleges bylaws, National Junior College Athletic Association's bylaws, and any state and federal laws or regulations regarding a community college athlete's use of the athlete's name, image and likeness for compensation and report policy recommendations to the Legislature and the Mississippi Community College Board.
SECTION 2. As used in this act, the following terms shall the meanings ascribed in this section, unless context of use clearly requires otherwise:
(a) "Athletic association" means any organization that is responsible for governing intercollegiate athletic programs.
(b) "Athletic program" means an intercollegiate athletic program at any postsecondary educational institution within the meaning of subdivision (d).
(c) "Graduation success rate" means the percentage of student athletes who graduate from postsecondary educational institution within six (6) years of initial enrollment at the institution, excluding outgoing transfers in good academic standing with athletic eligibility remaining, and including incoming transfers. The rate is to be calculated by combining the rates of the four (4) most recent classes that are available in the exact manner as the rate is calculated under National Collegiate Athletic Association rules.
(d) "Media rights" means the rights to media coverage of intercollegiate athletics included in contracts that are entered into by intercollegiate athletic conferences and television networks and that generate monetary payments to individual POSTSECONDARY EDUCATIONAL INSTITUTIONS.
(e) "Office of Civil Rights" means the Office for Civil Rights within the United States Department of Education.
(f) "Postsecondary educational institution" means any public or private educational entity that provides curricula and programs of academic study which result in the conferring of an associate's degree, bachelor's level degree or master's level degree, or other postgraduate professional or terminal degree, which have athletic teams which participate in intercollegiate activities regulated by the National Collegiate Athletic Association or the National Junior College Athletic Association.
(g) "Student athlete" means any college student who participates in an intercollegiate athletic program of postsecondary educational institution, and includes student athletes who participate in basketball, football, and other intercollegiate sports.
SECTION 3. Postsecondary educational institutions may establish a degree completion fund, in accordance with applicable rules and bylaws of the governing body of the institution and applicable rules and bylaws of any athletic association of which the institution is a member.
SECTION 4. (1) Each postsecondary educational institution shall prepare a notice detailing the following rights:
(a) A student athlete's rights pursuant to Title IX of the federal Education Amendments of 1972 (20 USCS Section 1681 et seq.); and
(b) A student athlete's reporting rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USCS Section 1092(f));
(2) The notice developed pursuant to subsection (1) of this section shall identify the contact information through which a student athlete may file a complaint for a violation of any of the rights identified in the notice, including, but not necessarily limited to, contact information for all of the following:
(a) The Office for Civil Rights, as well as the appropriate regional enforcement office of the Office for Civil Rights;
(b) The Office for Civil Rights Title IX enforcement office; and
(c) The enforcement office of the United States Department of Education for reporting violations of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
(3) Every postsecondary educational institution shall post, and keep posted in a conspicuous location in its athletic department that is frequented by student athletes where it is easily accessible and readable during campus business hours, including, but not necessarily limited to, athletic training facilities, the notice developed pursuant to subsection (1) of this section.
(4) At the beginning of every academic year, the postsecondary educational institution shall provide to every student athlete each of the following:
(a) A copy of the notice developed pursuant to subsection (1) of this section.
(b) A current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports–Related Concussion Best Practices, or a current copy of the National Junior College Athletic Association's Concussion Testing Protocol; and
(c) A copy of any written policies related to concussions or other sports medicine practices specific to the postsecondary educational institution.
SECTION 5. (1) Postsecondary educational institutions shall not intentionally retaliate against a student athlete for any of the following:
(a) Making or filing a complaint, in good faith, about a violation of student athlete rights granted under any applicable statute, regulation or policy;
(b) Testifying or otherwise assisting in any investigation into violations of student athlete rights granted under any applicable statute, regulation or policy; or
(c) Opposing any practices that the student athlete, in good faith, believes are a violation of student athlete rights granted under any applicable statute, regulation or policy.
(2) (a) For purposes of this section, "retaliation" includes, but is not necessarily limited to, each of the following:
(i) A reduction in or loss of any education benefits, including scholarships and stipends;
(ii) A reduction in or loss of any meal benefits provided to a student athlete; and
(iii) A reduction in or loss of any housing benefits provided to a student athlete, including the relocation of a student athlete to different housing owned by a postsecondary educational institution.
(b) For purposes of subsection (2) of this section, "retaliation" does not mean an action taken, in good faith, by a postsecondary educational institution on the basis of conduct other than that described in subsection (1) of this section.
(3) This section shall not be construed to restrict the authority of postsecondary educational institutions to impose interim measures or, upon a finding of responsibility, permanent consequences on a student athlete who has been accused of sexual harassment or violence.
SECTION 6. (1) (a) A postsecondary educational institution shall not uphold any rule, requirement, standard or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the student's name, image or likeness. Earning compensation from the use of a student's name, image or likeness shall not affect the student's scholarship eligibility.
(b) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the student's name, image, or likeness.
(c) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image or likeness.
(2) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athlete's name, image or likeness.
(3) (a) A postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletics shall not prevent a Mississippi student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athletic agents or legal representation provided by attorneys.
(b) Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athletic agents shall be by persons licensed pursuant to Chapter 42, Title 73, Mississippi Code of 1972. Legal representation of student athletes shall be by attorneys licensed pursuant to Chapter 3, Title 73, Mississippi Code of 1972.
(c) Athletic agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act (15 USCS Section 7801), in their relationships with student athletes.
(4) A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
(5) (a) A student athlete shall not enter into a contract providing compensation to the athlete for use of the athlete's name, image or likeness if a provision of the contract is in conflict with a provision of the athlete's team contract.
(b) A student athlete who enters into a contract providing compensation to the athlete for use of the athlete's name, image or likeness shall disclose the contract to an official of the institution, to be designated by the institution.
(c) An institution asserting a conflict described in paragraph (a) of this subsection shall disclose to the athlete or the athlete's legal representation the relevant contractual provisions that are in conflict.
(6) A team contract of a postsecondary educational institution's athletic program shall not prevent a student athlete from using the athlete's name, image or likeness for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified or renewed on or after the effective date of this section.
(7) This section shall become operative on January 1, 2024.
SECTION 7. (1) (a) The Executive Director of the Mississippi Community College Board shall convene the Mississippi-based National Junior College Athletic Association Working Group. The working group shall include, but not be limited to, the following members:
(i) The president of each community or junior college, or his or her designee;
(ii) A representative of Mississippi Association of Community and Junior Colleges, to be appointed by the Governor;
(iii) At least two (2) community college student athletes, to be appointed by the Executive Director of the Mississippi Community College Board;
(iv) A community college athletic administrator, to be appointed by the Governor;
(v) Three (3) community college athletic coaches, to be appointed by the Governor;
(vi) A Student Government Association representative from each community or junior college, who shall be selected by the respective student governing bodies;
(vii) One (1) member of the House of Representatives, to be appointed by the Speaker of the House; and
(viii) One (1) member of the Senate, to be appointed by the Lieutenant Governor.
(b) All appointments to the working group shall be completed on or before July 1, 2021.
(2) The working group shall do both of the following:
(a) Review existing Mississippi Association of Community and Junior Colleges bylaws, National Junior College Athletic Association's bylaws, and any state and federal laws or regulations regarding a community college athlete's use of the athlete's name, image and likeness for compensation.
(b) On or before July 1, 2022, submit a report to the Legislature and the Mississippi Community College Board, containing its findings and policy recommendations in connection with its review pursuant to subsection (1) of this section.
(3) This section shall be repealed on July 1, 2026.
SECTION 8. This act shall take effect and be in force from and after July 1, 2020.