2005 California Education Code Sections 67360-67361 CHAPTER 15. STUDENT ATHLETES

67360.  (a) Except as provided in subdivision (b), no person shall
give, offer, promise, or attempt to give any money or other thing of
value to any particular student athlete or member of the immediate
family of the student athlete for either of the following purposes:
   (1) To induce, encourage, or reward the student athlete's
application, enrollment, or attendance, at a public or private
institution of postsecondary education in order to have the athlete
participate in intercollegiate sporting events, contests,
exhibitions, or programs at that institution.
   (2) To induce, encourage, or reward the student athlete's
participation in an intercollegiate sporting event, contest,
exhibition, or program.
   No person shall aid and abet any act described in this
subdivision.
   (b) This section does not apply to any public or private
institution of postsecondary education or to any officer or employee
of that institution when the institution, officer, or employee is
acting in accordance with an official written policy of that
institution which is in compliance with the bylaws of the National
Collegiate Athletic Association; or to any intercollegiate athletic
awards approved or administered by the student athlete's institution;
or to any other student of that institution; or to any member of the
immediate family of the student athlete.
   (c) For purposes of this section, the following definitions apply:
   (1) "Immediate family" means the student athlete's spouse, child,
parent, stepparent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any of those persons, or
guardian of any of those persons.
   (2) "Student athlete" means a student at a public or private
institution of postsecondary education who engages in, is eligible to
engage, or may be eligible to engage, in, any intercollegiate
sporting event, contest, exhibition, or program, or an individual who
has applied, is eligible to apply, or may be eligible to apply in
the future to a public or private institution of postsecondary
education.
   (d) Except as provided in subdivision (b), any person who engages
in conduct knowing or having reason to know that such conduct is in
violation of subdivision (a) shall be subject to a civil penalty not
to exceed ten thousand dollars ($10,000), or three times the amount
given, offered, or promised to the student athlete or immediate
family member of the athlete, whichever is greater.  The district
attorney of any county in which a violation occurs shall enforce this
chapter.
67361.  (a) Except as provided in subdivision (b), no student
athlete or member of his or her immediate family, as defined by
subdivision (c) of Section 67360, shall solicit or accept any money
or other thing of value as an inducement, encouragement, or reward,
the giving of which is in violation of subdivision (a) of Section
67360.
   No person shall aid and abet any act described in this
subdivision.
   (b) This section does not apply to any student athlete who
receives any money  or other thing of value from a public or private
institution or officers or employees of that institution, offered in
accordance with an official written policy of that institution, which
is in compliance with the bylaws of the National Collegiate Athletic
Association; or from any other student of that institution; or from
any member of the immediate family of the student athlete; nor shall
this section apply to any student athlete who receives any
intercollegiate athletic award approved or administered by that
institution.
   (c) Except as provided in subdivision (b), any person who engages
in conduct knowing or having reason to know that such conduct is in
violation of subdivision (a) shall be subject to a civil penalty not
to exceed one thousand dollars ($1,000) or an amount equal to the
amount accepted by the student athlete or immediate family member,
whichever is greater.  The district attorney of any county in which a
violation occurs shall enforce this chapter.