53H-6 - Campus Life and Activities
Title 53H > 53H-6
Sections (5)
General Provisions
53H-6-101 - General Provisions — Definitions.
Athletics
53H-6-201 - Definitions.
As used in this part: 53H-6-201(1) “Athlete agent” means the same as that term is defined in Section 58-87-102. 53H-6-201(2) “Athletic entity” means an athletic association, athletic conference, or other group or organization with authority over intercollegiate athletics. 53H-6-201(3) “Institutional marketing associate” means a third-party entity that enters into a contract with, or acts on behalf of, an institution or intercollegiate athletics program.”Institutional marketing associate” does not include:an institution;an athletic entity; ora staff member, employee, officer, director, manager, or owner of an institution. 53H-6-201(4) “Intercollegiate athletics program” means an institution-sponsored athletic program or sporting activity in which a student athlete represents the student athlete’s institution in competition against another institution. 53H-6-201(5) “Prohibited endorsement provision” means a provision that requires or permits the use of a student athlete’s name, image, or likeness to promote:a tobacco product or electronic cigarette, as those terms are defined in Section 76-9-1101, including vaping;an alcoholic product, as that term is defined in Section 32B-1-102;a seller or dispenser of a controlled substance, including steroids, antibiotics, and marijuana;gambling or betting;a sexually oriented business, as that term is defined in Section 17-50-331; ora firearm that the student athlete cannot legally purchase. 53H-6-201(6) “Student athlete” means an individual who:is enrolled in an institution; andparticipates as an athlete for the institution in an intercollegiate athletics program.”Student athlete” includes an agent or other representative of a student athlete. 53H-6-201(7) “Student athlete agreement” means a proposed or executed contract:between a student athlete and another party; andin which the student athlete and other party agree that the student athlete’s name, image, or likeness may be used to promote a business, person, product, service, or individual in exchange for the student athlete receiving financial compensation or other benefits. 53H-6-201(8) “Third-party entity” means an individual or organization, other than an athletic entity, with authority over intercollegiate athletics.
53H-6-202 - Use of a student athlete’s name, image, or likeness in intercollegiate athletics programs — Contracts — Exceptions — Prohibitions.
53H-6-202(1) An institution may, except as provided in Subsection (2), compensate a student athlete directly for use of the student athlete’s name, image, or likeness. 53H-6-202(2) An institution may not compensate a student athlete or prospective student athlete for use of the student athlete’s name, image, or likeness through:funds the Legislature appropriates; ora fee a student attending an institution pays to the institution. 53H-6-202(3) A student athlete may not enter into a student athlete agreement that contains a prohibited endorsement provision.A student athlete agreement or any communication, or other material related to a student athlete agreement, including those created before May 1, 2024, is not subject to Title 63G, Chapter 2, Government Records Access and Management Act. 53H-6-202(4) A student athlete attending an institution is not an employee of the institution through:the student athlete’s participation in an athletic program the institution offers; orthe institution compensating the student athlete for use of the student athlete’s name, image, or likeness. 53H-6-202(5) The board shall:beginning fiscal year 2028 and every five years thereafter, conduct an audit of each institution that evaluates:money an institution expends to directly compensate a student athlete for the use of the student athlete’s name, image, or likeness; andthe implementation and use of payments by an institution to a student athlete for a student athlete’s name, image, or likeness; andprepare and submit a written report for the audit described in Subsection (5)(a) to the Education Interim Committee and the Higher Education Appropriations Subcommittee. 53H-6-202(6) An athletic entity may not:prevent a student athlete of an institution from fully participating in intercollegiate athletics because the student athlete:earns compensation through the student athlete’s name, image, or likeness; orobtains professional representation from an athlete agent or attorney;prevent an institution from becoming a member of an athletic entity or from participating in intercollegiate athletics that an athletic entity sponsors because a student athlete of an institution or college participating in intercollegiate athletics:earns compensation from the use of the student athlete’s name, image, or likeness; orobtains professional representation from an athlete agent or attorney; orprevent an institution, institutional marketing associate, or third-party entity from creating and supporting opportunities for a student athlete to earn compensation for use of the student athlete’s name, image, or likeness.
53H-6-203 - Abusive coaching policies.
53H-6-203(1) As used in this section:“Abusive coaching practice” means conduct by a coach or member of the coaching staff that creates a harmful environment for a student athlete.”Abusive coaching practice” includes conduct by a coach or coaching staff with a student athlete that results in:harmful or offensive physical contact;sexual misconduct or harassment;inappropriate sexual language; orconduct that a reasonable person would find to be psychologically abusive.”Athletic department” means the division of a degree-granting institution responsible for overseeing intercollegiate athletic programs. 53H-6-203(2) A degree-granting institution shall:address abusive coaching practices by requiring a degree-granting institution’s athletic department to adopt a policy by November 7, 2025, that:allows an individual to submit a complaint to the athletic department alleging a violation of the policies described in this Subsection (2)(a);prohibits coaches and coaching staff from encouraging or advising a student athlete to tolerate an abusive coaching practice;prohibits coaches and coaching staff from discouraging a report for an abusive coaching practice;establishes reporting requirements for a volunteer, coach, or member of the coaching staff who learns of an abusive coaching practice;mandates training for athletic department staff on recognizing and preventing an abusive coaching practice;establishes a procedure for the athletic department to follow when responding to a complaint of an abusive coaching practice; andinstitutes disciplinary action for individuals found in violation of the policies described in this Subsection (2)(a);submit the policy described in Subsection (2)(a) to the board and Education Interim Committee before the Education Interim Committee’s November 2025 meeting; andestablish procedures to:notify an individual of the receipt of the complaint the individual submits under Subsection (2)(a)(i), within five business days after the submission of the complaint;initiate an investigation of the complaint no later than 30 days after the receipt of a complaint;require the degree-granting institution to ensure the investigation is as thorough and expeditious as possible; andwhere appropriate, act immediately to stop a program under an athletic department until the degree-granting institution is able to restore an environment that is not harmful. 53H-6-203(3) A degree-granting institution’s board of trustees shall:review the policies a degree-granting institution creates in accordance with Subsection (2)(a); andapprove the policies a degree-granting institution creates if the policies meet the policy requirements listed in Subsection (2)(a).Upon approval of the policies by a degree granting institution’s board of trustees a degree-granting institution shall send the adopted policies to the board.