S.Amdt. 6794

SA 6794. Mr. MURPHY (for himself and Mr. Booker) submitted an
amendment intended to be proposed by him to the bill S. 4668, to
protect the name, image, and likeness rights of, and provide
protections for, student athletes and to promote fair competition among
intercollegiate athletics, and for other purposes; which was ordered to
lie on the table; as follows:

Strike section 107(b) and insert the following:
(b) Mandatory Independent Investigation of Sexual Assault,
Abuse, and Misconduct.--
(1) In general.--Each institution, conference, and
intercollegiate athletic association shall--

[[Page S4836]]

(A) establish, maintain, and enforce written policies
requiring that any report or allegation of sexual assault,
sexual misconduct, sexual harassment, or physical abuse
involving a student athlete be referred within 24 hours of
receipt to--
(i) an independent investigator who is not employed by, and
has no financial relationship with, the institution,
conference, or intercollegiate athletic association against
which the report is made; and
(ii) the appropriate local law enforcement agency, unless
the student athlete who is the subject of the alleged harm
affirmatively declines such referral in writing after being
informed of the referral requirement;
(B) not permit any coach, athletic director, or employee of
the athletic department of an institution to participate in,
influence, or be notified of the specific factual findings of
any investigation described in subparagraph (A) prior to
completion of the investigation;
(C) provide to any student athlete who reports sexual
assault, sexual misconduct, sexual harassment, or physical
abuse, at no cost--
(i) an independent, confidential victim advocate not
employed by the athletic department or Title IX office of the
relevant institution;
(ii) access to a sexual assault forensic examination,
including any forensic evidence collection kit; and
(iii) written notification of rights under applicable
Federal and State law, including the right to file a civil
action; and
(D) retain records of all reports, referrals,
investigations, and outcomes under this paragraph for not
less than 10 years and make such records available to the
Office of the Student Athlete Ombudsman established under
section 108 upon request.
(2) Retaliation prohibited.--No institution, conference,
intercollegiate athletic association, or agent thereof may
take any adverse action against a student athlete who makes a
report under paragraph (1).
(3) Rule of construction.--Nothing in this subsection shall
be construed to limit the obligation of any institution to
comply with title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) or any applicable State law governing
reporting of sexual assault or physical abuse.
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