2007 California Education Code Chapter 15. Student Athletes

CA Codes (edc:67360-67362)

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 (,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 (,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.



67362.  (a) Notwithstanding Section 78223 or any other provision of
law, no student athlete enrolled at any campus of the University of
California, the California State University, or the California
Community Colleges may participate as a member of any intercollegiate
athletic team, or as a participant in any intercollegiate athletic
event, except in a manner available to the general public, if he or
she, at any time after his or her enrollment as a college or
university student, is prosecuted as an adult and is convicted of a
violation of Section 187, 209, 210, 211, 220, 243.8, 245, 261, 262,
264.1, 286, 288, 288a, 288.5, 289, or 459 of, or is convicted of
attempted murder pursuant to subdivision (a) of Section 664 of, the
Penal Code.
   (b) An institution to which this section applies may rely upon the
declaration of a student athlete to determine his or her eligibility
for participation in intercollegiate athletics with respect to the
requirements of this section.  Any declaration obtained from a
student athlete pursuant to this subdivision shall contain a notice
advising the student that he or she may be subject to disciplinary
action, including, but not limited to, suspension, dismissal, or
expulsion, if the student knowingly provides false information in the
declaration. An institution to which this section applies may, at
the discretion of its appropriate administrators, seek independent
confirmation of the truth of any and all of the statements of a
student athlete taken pursuant to this subdivision.
   (c) A student convicted of a violation of any of the Penal Code
sections listed in subdivision (a) is eligible to participate as a
member of an intercollegiate athletic team after he or she
successfully completes the entire term of his or her probation or
successfully completes his or her assigned prison term and parole
period, if any.
   (d) A student who knowingly provides a false declaration pursuant
to subdivision (b) may be subject to disciplinary action under
Section 66017 of the Education Code.