110 HR 1316 IH: Protection of University Governance Act of U.S. House of Representatives 2007-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1316 IN THE HOUSE OF REPRESENTATIVES March 5, 2007 Mr. Johnson of Illinois (for himself, Mr. Hastert, Mr. Kirk, Mr. LaHood, Mrs. Jo Ann Davis of Virginia, Mr. Shimkus, Mr. Costello, Mr. Alexander, and Mr. Manzullo) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To provide institutions of higher education with a right of action against entities that improperly regulate intercollegiate sports activities.

1.

Short title

This Act may be cited as the Protection of University Governance Act of 2007.

2.

Findings

The Congress finds the following: (1)Voluntary collegiate self-regulation of intercollegiate sports activities is a traditional and desirable undertaking. (2)The regulation of intercollegiate sports activities significantly affects interstate commerce. (3)Any attempt by an entity that regulates intercollegiate sports activities to impose its view of correct social policy on institutions of higher education participating in such activities is inimical to the traditions of higher education in America and is inconsistent with university governance and academic freedom. Attempts to regulate institutions in this manner detract from the diversity of America and the independence of thought and spirit that are the essence of higher education in this Nation.

3.

Improper actions by entities that regulate intercollegiate sports activities

(a)

In general

An entity that regulates intercollegiate sports activities shall not impose any penalty or sanction on, or deny any benefit to, an institution of higher education by reason of the team name, symbol, emblem, or mascot of any intercollegiate sports activity of such institution. (b)

Liability

An entity that regulates intercollegiate sports activities shall be liable to an institution of higher education that is aggrieved by such entity as a result of any violation of subsection (a). In any action brought under this subsection, the entity that regulates intercollegiate sports activities may be subject to injunction and shall be liable to the aggrieved institution of higher education for any damages caused thereby, including reasonable attorneys’ fees and costs. (c)

Jurisdiction

Any action brought under subsection (b) may be filed in an appropriate district court of the United States.

4.

Definitions

In this Act: (1)

Entity that regulates intercollegiate sports activities

The term entity that regulates intercollegiate sports activities means any entity that regulates intercollegiate sports activities and that is not a Federal, State, Tribal, territorial, or local government entity. (2)

Institution of higher education

The term institution of higher education means an institution defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that such term does not include an institution described in subsection (a)(1)(C) of that section.

5.

Severability and effective date

(a)

Severability

The provisions of this Act are severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b)

Effective date

This Act shall apply to any violation of section 3(a) by an entity that regulates intercollegiate sports activities which occurs on or after August 4, 2005.