This executive order is issued pursuant to Section
1 and 2 of Chapter III of the Standing Orders of the Board of Trustees
of the California State University and in accordance with Section
89271 of the California Education Code.
On October 5, 2005 the Governor signed Senate Bill 661, the California
Student Athlete Fair Opportunity Act of 2005 (“The Act”).
This bill added The Act as Section 89241 of the Education Code,
requiring that the Trustees of the California State University provide
appropriate academic support service in order to ensure that student
athletes are provided a fair opportunity to earn a baccalaureate
degree. Policy
It is the responsibility of the university president to ensure that
appropriate efforts and resources are directed toward meeting the
following requirements of the California Student Athlete Fair Opportunity
Act of 2005, which seeks to improve the graduation rate of student
athletes, particularly those athletes who were admitted as general
exceptions for their athletic ability under Section 40900, Title
5 of the California Code of Regulations.
Comprehensive Plan For The Academic Support Of Student Athletes
Each campus that is a member of the National Collegiate Athletic
Association shall adopt a comprehensive plan providing for the academic
support of student athletes. The plan shall be consistent with the
requirements of Title IX of the federal Education Amendments of
1972, as amended, and the bylaws of the National Collegiate Athletic
Association, as amended. The plan shall include, but not limited
to, the following:
- Coordination with existing academic and financial support services at the campus;
- Evaluation of the academic needs of student athletes;
- A set of academic support initiatives;
- A financing plan for these initiatives and a fund-raising strategy for the augmentation
of those initiatives; and
- A regular evaluation mechanism to monitor the academic progress of athletes and the
effectiveness of academic support programs.
Services provided under the plan may include any of the following:
- Additional athletic financial assistance, which covers an amount up to the cost of
attendance under provisions of Title IV of the Higher Education Act of 1965, as amended,
for additional periods of attendance necessary for an athlete to complete the requirements
for a baccalaureate degree after the student's period of athletic eligibility has ended;
- Employment assistance, including work-study programs;
- Tutoring;
- Mentoring; and
- Accommodations in class scheduling to provide a fair opportunity for student athletes
to attend required courses in a manner that allows them to participate in the requirements
of their sports.
Summer Athletic Scholarships
Commencing with the 2006 summer term, all campuses of the California
State University that provide athletic scholarships for student
athletes shall provide summer athletic scholarships that shall be
consistent with both the requirements of Title IX of the federal
Education Amendments of 1972 and with bylaws of the National Collegiate
Athletic Association, as amended.
The first priority for summer athletic scholarship assistance shall
be provided to students who were admitted to the campus under provisions
of Title 5, Section 40900 or 40901, of the California Code of
Regulations, and who are at risk of not completing their degree
before their athletic eligibility ends.
Summer athletic scholarships shall, at a minimum, be sufficient
to cover the cost of tuition, fees, books, and supplies as calculated
for purposes of the summer cost of attendance under the provisions
of Title IV of the Higher Education Act of 1965, as amended. Summer
athletic scholarships shall not be limited to any amount that is
less than that which is allowed under the bylaws of the National
Collegiate Athletic Association.
A summer athletic scholarship shall be of sufficient amount and
duration, with regard to the number of summer sessions and the number
of units covered, to provide a student athlete a fair opportunity
to correct academic progress problems through attendance in a summer
session.
Summer athletic scholarships may be funded through any revenue source
available to, or procured by, the campus, including, but not necessarily
limited to, gate receipts, donations from alumni and others, corporate
sponsorships, associated student contributions, and campus-based
student fees that may be legally used for this purpose. The campus
shall not use state General Fund moneys or state university fee
revenue to fund summer athletic scholarships nor shall a campus
set aside, for purposes of summer athletic scholarships, any institutional
financial aid funds for which any financially needy students are
eligible.
Student athletes may receive other institutionally administered
financial aid for the summer if the athlete qualifies for that assistance
irrespective of his or her status as a student athlete.
Reporting Requirements
Each campus that is a member of the National Collegiate Athletic
Association shall provide a copy of its comprehensive plan for the
academic support of student athletes to the Associate Director,
Student Programs, Academic Affairs, Student Academic Support, Office
of the Chancellor by September 1, 2006 and, thereafter, by September
1 of each odd-numbered year commencing with 2007.
Each campus that is a member of the National Collegiate Athletic
Association shall also provide a report, in a format prescribed
by the Office of the Chancellor, by October 1, 2006 and, thereafter,
by October 1 of each odd-numbered year commencing with 2007, regarding
the status of athletic academic progress and athletic academic support
The report shall include, but may not be limited to, the following
information:
- A five-year history of the graduation rate and Academic Progress
Rate of each team on each campus as calculated by the National
Collegiate Athletic Association, to the extent these rates are available;
- Annual admission category information for each team on each campus
that indicates the number and percent of students admitted who were
not eligible for regular admission to the campus;
- A summary of the academic initiatives and support programs available
to the athletes at the campus;
- If the campus participates in Division I, including any of its
subparts, of the National Collegiate Athletic Association, and if any
team or the athletic program overall has an Academic Progress Rate
score of less than 925 for any year, a summary of the corrective
action planned by the campus or athletic department as well as a
report on sanctions, if any, imposed by the National Collegiate
Athletic Association; and
- The total budget for the athletic programs and each team, including
an itemization of the amount spent on athletic scholarships and the
amount spent on summer athletic scholarships.
Implementation Guidance
Pursuant to this executive order, the Office of the Chancellor shall
provide additional advice and guidance to CSU campuses on implementation
issues and concerns and may, as needed or appropriate, modify that
guidance to ensure that reasonable efforts are made to provide appropriate
academic support services in assisting student athletes to earn
a baccalaureate degree.
Comprehensive Plan For The Academic Support Of Student Athletes
Campus plans for the academic support of student athletes shall
be submitted biennially to Academic Affairs, Student Academic Support,
Office of the Chancellor, with the first report due by September
1, 2006 and, thereafter, biennially by September 1 of every odd-numbered
year beginning in 2007. Plans shall be consistent with the requirements
of Title IX of the federal Education Amendments of 1972, as amended,
and the bylaws of the National Collegiate Athletic Association,
as amended.
CSU campus plans shall take into consideration appropriate student
athlete academic achievement goals reflected in the strategic plans
of athletic conferences with which the campus is affiliated as well
as CSU campus strategies for facilitating graduation. In addition,
each campus plan shall address, at a minimum, measures that will
be taken to ensure that retention and graduation rates and time-to-degree
data for student athletes compare favorably with corresponding rates
and data for the entire student body of the campus.
Campus plans should identify efforts that the campus will undertake
to address academic advisement and support needs of athletes admitted
to the campus under provisions of Title 5, Section 40900 or 40901,
of the of the California Code of Regulations as well as
the needs for academic advisement, support services, and financial
assistance for athletes whose athletic eligibility expires prior
to completion of their baccalaureate degree.
Summer Athletic Scholarships
The provision of summer athletic scholarships shall be at all times
and in every instance consistent with requirements of Title IX of
the federal Education Amendments of 1972, as amended, and with the
bylaws of the National Collegiate Athletic Association, as amended.
While the Act is not specific as to the number of summer athletic
scholarships that are to be made available by each campus, it was
the intent of the legislation for campuses to provide a limited
number of summer athletic scholarships. Campuses that are Division
I schools shall provide no fewer than two and not more that 10 summer
athletic scholarships annually, and campuses that are Division II
schools shall provide no fewer than two and not more than 5 summer
athletic scholarships annually.
The campus comprehensive plan for the support of student athletes
shall address the efforts that the campus will undertake to ensure
that summer athletic scholarship opportunities are provided to student
athletes in an effort to assist them in maintaining or reestablishing
satisfactory academic progress that may be required as a condition
for their continued eligibility to enroll at the campus, to participate
in intercollegiate athletics, to receive student financial aid,
or to complete additional courses required to keep them on track
with respect to completing their degree. Consideration should be
given to gender equity when awarding summer athletic scholarships;
however, progress toward degree is the priority.
In addressing summer enrollment and scholarship opportunities,
campus plans may consider the extent to which student athletes may
enroll at community colleges in order to reduce the cost for summer
courses and the extent to which student athletes are eligible to
receive federal, state, and institutional financial aid for summer
enrollment.
In accordance with Section 89241(d) of the California Education
Code, priority for the awarding of summer athletic scholarships
shall be accorded to those student athletes who were admitted to
the campus under provisions of Title 5, Section 40900 or 40901,
of the of the California Code of Regulations. Additionally,
priority for the award of summer athletic scholarships should be
accorded student athletes who are most in need of summer enrollment
opportunities in order to correct academic progress problems that
will permit them to retain their eligibility to participate in intercollegiate
athletic programs or to maintain or reestablish their eligibility
to receive student financial aid funding.
As specified in statute, summer athletic scholarships shall equal
the amount of required tuition, state and campus mandatory fees,
books and supplies, and course materials fees associated with summer
term enrollment. The summer athletic scholarship award should be
consistent with student athletic scholarships during the regular
academic year. For example, if a campus also provides a stipend
or award to cover living expenses during the academic year, consideration
should be given to including a similar proportional amount for students
selected to receive summer scholarships.
The statute prohibits the use of general funds and state university
fee revenue for summer athletic scholarships. The statute further
provides that student athletes may receive other institutionally
administered financial aid for the summer only if the athlete qualifies
for that assistance regardless of his or her status as a student
athlete.
Reporting Requirements
Campuses shall report to the Academic Affairs, Student Academic
Support, Office of the Chancellor, by October 1, 2006, and, thereafter,
biennially by October 1 of every odd-numbered year beginning in
2007, the five-year history of the graduation rate and the Academic
Progress Rate of each team as calculated by the National Collegiate
Athletic Association, to the extent these rates are available. A
report form will be provided to campuses for reporting the required
elements that are not already collected in the Equity in Athletics
Disclosure Act Survey, which must be completed for the U.S. Office
of Postsecondary Education by October 15 of each year. This information
will enable the California State University to provide the reports
to the Legislature and the Governor required by the Act.
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