College Athlete Pandemic Safety Act

To ensure that institutions of higher education take steps to protect their college athletes from COVID–19, and for other purposes. 1. Short title This Act may be cited as the College Athlete Pandemic Safety Act 2. Protecting intercollegiate athletes from COVID– 19 (a) Definitions In this section: (1) College athlete The term college athlete (2) COVID– 19 The term COVID–19 (b) Prohibition on waivers No postsecondary educational institution shall allow any individual to agree to a waiver of the liability of the institution regarding COVID–19 with respect to any sporting activity. (c) Athletic department health and safety guidelines By not later than 90 days after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall develop health and safety guidelines relating to COVID–19 for athletic departments of postsecondary educational institutions. (d) Institutional responsibilities A postsecondary educational institution shall comply with the following requirements: (1) The institution shall comply with subsection (b). (2) The institution shall not cancel a scholarship or any other financial aid provided to a college athlete who refrains from participating in team activities due to concerns about contracting or transmitting COVID–19. (3) The institution shall comply with the COVID–19 health and safety guidelines developed under subsection (c). (4) The institution shall inform all college athletes of the institution when a college athlete or a staff member of the athletic department of the institution has tested positive for COVID–19, without revealing the identity or any personally identifiable information of the infected individual. (e) Private right of action A person may, if otherwise permitted by the law of the applicable State or rules of the applicable State court, bring in an appropriate court of that State— (1) an action based on a violation of this section or any regulations prescribed under this section to enjoin such a violation; (2) an action to recover damages for each such violation, including punitive damages; or (3) both such actions.

Summary: College Athlete Pandemic Safety Act This bill requires institutions of higher education (IHEs) to take certain health and safety actions to respond to COVID-19 (i.e., coronavirus disease 2019), specifically for college athletes. Specifically, the bill prohibits IHEs from (1) allowing any individual to agree to a liability waiver for any sporting activity, or (2) canceling a scholarship or any other financial aid provided to a college athlete who does not participate in team activities due to concerns about COVID-19. Further, each IHE must inform its college athletes when a college athlete or a staff member of its athletic department tests positive for COVID-19, without revealing any personally identifiable information about the individual. Additionally, the Centers for Disease Control and Prevention must, within 90 days, develop health and safety guidelines related to COVID-19 for athletic departments of IHEs. IHEs must comply with these guidelines. The bill also provides a private right of action for individuals affected by violations of the bill.