[Rev. 5/1/2022 9:29:52 PM--2021]

CHAPTER 398 - INTERCOLLEGIATE ATHLETICS

GENERAL PROVISIONS

NRS 398.005           Definitions. [Effective through December 31, 2021.]

NRS 398.005           Definitions. [Effective January 1, 2022.]

NRS 398.011           “Compensation” defined. [Effective January 1, 2022.]

NRS 398.045           “Institution” defined.

NRS 398.047           “Intercollegiate sport” defined. [Effective January 1, 2022.]

NRS 398.055           “National collegiate athletic association” defined.

NRS 398.061           “Proceeding” defined.

NRS 398.071           “Student athlete” defined. [Effective January 1, 2022.]

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

NRS 398.155           Proceedings: General requirements.

NRS 398.165           Proceedings: Record.

NRS 398.175           Proceedings: Transcription of oral statements.

NRS 398.185           Proceedings: Evidence.

NRS 398.195           Proceedings: Person presiding.

NRS 398.205           Proceedings: Decision and findings.

NRS 398.215           Proceedings: Judicial review.

NRS 398.225           National collegiate athletic associations: Compliance with procedural standards; basis of findings; nature of penalties and sanctions.

NRS 398.235           National collegiate athletic associations: Prohibited activities.

NRS 398.245           Enforcement of provisions: Injunctions and other relief.

NRS 398.255           Remedies cumulative.

NAME, IMAGE OR LIKENESS OF STUDENT ATHLETES

NRS 398.300           Compensation of student athlete for use of name, image or likeness; use of professional services by student athlete; prohibited acts. [Effective January 1, 2022.]

NRS 398.310           Contracts for compensation for use of name, image or likeness of student athlete. [Effective January 1, 2022.]

NRS 398.320           Course, education or training in contracts for student athlete. [Effective January 1, 2022.]

NRS 398.330           Disclosure of contracts by prospective student athlete. [Effective January 1, 2022.]

_________

GENERAL PROVISIONS

      NRS 398.005  Definitions. [Effective through December 31, 2021.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 398.045, 398.055 and 398.061 have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 811; A 1991, 112; 2001, 1304)

      NRS 398.005  Definitions. [Effective January 1, 2022.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 398.011 to 398.071, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 811; A 1991, 112; 2001, 1304; 2021, 942, effective January 1, 2022)

      NRS 398.011  “Compensation” defined. [Effective January 1, 2022.]  “Compensation” does not include, without limitation, a scholarship.

      (Added to NRS by 2021, 941, effective January 1, 2022)

      NRS 398.045  “Institution” defined.  “Institution” means a public or private institution that offers educational services beyond the secondary level. The term includes:

      1.  A postsecondary educational institution as defined in NRS 394.099.

      2.  A university as defined in NRS 396.838.

      (Added to NRS by 1989, 811)

      NRS 398.047  “Intercollegiate sport” defined. [Effective January 1, 2022.]  “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.

      (Added to NRS by 2021, 941, effective January 1, 2022)

      NRS 398.055  “National collegiate athletic association” defined.  “National collegiate athletic association” means a group of institutions in 40 or more states who are governed by the rules of the association relating to athletic competition.

      (Added to NRS by 1989, 811)

      NRS 398.061  “Proceeding” defined.  “Proceeding” means a proceeding by a national collegiate athletic association or an institution involving an institution located in this state or persons associated with an institution located in this state that may result in the imposition of a sanction for a violation of a rule of a national collegiate athletic association, including any related investigative action.

      (Added to NRS by 1991, 110)

      NRS 398.071  “Student athlete” defined. [Effective January 1, 2022.]  “Student athlete” means a person who is eligible to attend an institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. The term does not include a person permanently ineligible to participate in a particular intercollegiate sport for that sport.

      (Added to NRS by 2021, 941, effective January 1, 2022)

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

      NRS 398.155  Proceedings: General requirements.

      1.  In any proceeding, all parties against whom a sanction may be imposed must be afforded an opportunity for a hearing after reasonable notice. The notice must include:

      (a) A statement of the time, place and nature of the proceeding;

      (b) A reference to the particular rules governing the proceeding; and

      (c) A short and plain statement of the violations alleged and the facts underlying the allegations.

      2.  A party to a proceeding may be represented by counsel, is entitled to confront and respond to all witnesses and evidence related to the allegations against the party and may call witnesses on his or her own behalf.

      3.  At least 30 days before any proceeding, all parties to a proceeding shall provide to all other parties all affidavits or other evidence to be introduced at the proceeding.

      4.  All written statements introduced as evidence at a proceeding must be notarized and signed under oath by the person making the statement.

      5.  Informal disposition may be made of any proceeding by stipulation, settlement or default. If an informal disposition is made, the parties to the proceeding may waive the requirements of findings of fact and a decision.

      (Added to NRS by 1991, 111)

      NRS 398.165  Proceedings: Record.  A record must be kept of all proceedings. The record must include:

      1.  All pleadings, motions and rulings;

      2.  All evidence received or considered;

      3.  All matters officially noticed;

      4.  Questions, offers of proof, objections and rulings thereon;

      5.  Findings of fact and exceptions thereto; and

      6.  The decision rendered in the proceeding.

      (Added to NRS by 1991, 111)

      NRS 398.175  Proceedings: Transcription of oral statements.  At the request of any party to a proceeding, oral statements made at the proceeding must be transcribed.

      (Added to NRS by 1991, 111)

      NRS 398.185  Proceedings: Evidence.

      1.  Irrelevant, immaterial or unduly repetitious evidence must be excluded from a proceeding. Evidence may be admitted if it is of the type commonly relied upon by reasonable, prudent persons in the conduct of their affairs.

      2.  The laws of this state relating to privilege must be observed in all proceedings.

      3.  Objections to evidentiary matters may be made and must be noted in the record of a proceeding.

      4.  Evidence may be received in written form if it will result in an expedited proceeding and will not substantially prejudice a party.

      (Added to NRS by 1991, 111; A 1997, 1614)

      NRS 398.195  Proceedings: Person presiding.  A person presiding over a proceeding must be impartial and shall not communicate with a party to the proceeding concerning any issue of fact or law except upon notice and opportunity to participate by all parties.

      (Added to NRS by 1991, 111)

      NRS 398.205  Proceedings: Decision and findings.  A decision must be rendered a reasonable time after the conclusion of a proceeding. The decision and the findings of fact must be based on substantial evidence in the record, and must be supported by a preponderance of such evidence.

      (Added to NRS by 1991, 111)

      NRS 398.215  Proceedings: Judicial review.  Parties aggrieved by the decision in a proceeding are entitled to judicial review in district court in the same manner that decisions of state agencies are reviewed pursuant to chapter 233B of NRS.

      (Added to NRS by 1991, 112)

      NRS 398.225  National collegiate athletic associations: Compliance with procedural standards; basis of findings; nature of penalties and sanctions.

      1.  A national collegiate athletic association shall not impose a sanction on any institution located in this state, its employees, student athletes, students or boosters, for a violation of the rules of the association, or impose a sanction on an institution located in this state or its athletic conference for failure of the institution to impose sanctions on its employees, student athletes, students or boosters, unless the association complies with the minimum procedural standards set forth in NRS 398.155 to 398.255, inclusive.

      2.  Any finding of a violation by a national collegiate athletic association must be based upon and supported by a preponderance of evidence that:

      (a) Is of the type commonly relied upon by reasonable and prudent persons in the conduct of their affairs; and

      (b) Has been submitted and received in a hearing held and conducted in conformance with the provisions of NRS 398.155 to 398.255, inclusive.

      3.  Any penalty or sanction imposed by a national collegiate athletic association must be reasonable in light of the nature and gravity of the violation and must be consistent with penalties and sanctions previously imposed by the national collegiate athletic association upon other member institutions for violations of similar nature and gravity.

      (Added to NRS by 1991, 111; A 1997, 1614)

      NRS 398.235  National collegiate athletic associations: Prohibited activities.  A national collegiate athletic association shall not:

      1.  Prevent an institution located in this state, its athletic conference or its student athletes, from athletic competition, free from sanctions, against other institutions, unless the minimum procedural standards required by NRS 398.155 to 398.255, inclusive, are observed.

      2.  Threaten with sanctions an institution that seeks redress under the provisions of NRS 398.155 to 398.255, inclusive.

      3.  Impair the rights or privileges of membership of any institution as a consequence of any rights granted under the provisions of NRS 398.155 to 398.255, inclusive.

      (Added to NRS by 1991, 112)

      NRS 398.245  Enforcement of provisions: Injunctions and other relief.

      1.  A district court may enjoin a national collegiate athletic association or institution from violating the provisions of NRS 398.155 to 398.255, inclusive. In addition to any other relief granted, a party who brings an action for injunctive relief must be awarded costs and reasonable attorney’s fees if successful in the action.

      2.  In addition to costs and reasonable attorney’s fees, a national collegiate athletic association is liable to the aggrieved institution for an amount equal to 100 percent of the monetary loss per year or portion of a year which is suffered during the period that any monetary loss occurs as a result of a penalty imposed in violation of the provisions of NRS 398.155 to 398.255, inclusive. To calculate monetary loss for the purposes of this subsection, “100 percent of the monetary loss per year” shall be deemed to be equal to the gross amount realized by the affected athletic program during the immediately preceding calendar year.

      (Added to NRS by 1991, 112)

      NRS 398.255  Remedies cumulative.  The remedies provided in NRS 398.155 to 398.255, inclusive, are cumulative and in addition to any other remedies provided by law.

      (Added to NRS by 1991, 112)

NAME, IMAGE OR LIKENESS OF STUDENT ATHLETES

      NRS 398.300  Compensation of student athlete for use of name, image or likeness; use of professional services by student athlete; prohibited acts. [Effective January 1, 2022.]

      1.  An institution shall not:

      (a) Uphold or enforce any rule of a national collegiate athletic association that prevents a student athlete enrolled in the institution from being compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or a national collegiate athletic association;

      (b) Except as otherwise provided by subsection 2, prevent a student athlete from being compensated for the use of the name, image or likeness of the student athlete;

      (c) Compensate a prospective or current student athlete of the institution for the use of the name, image or likeness of the student athlete;

      (d) Prevent a student athlete from obtaining professional services; or

      (e) Alter, withhold or otherwise reduce the amount of a scholarship awarded to a student athlete solely because a student athlete is compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or a national collegiate athletic association or because the student athlete obtains professional services.

      2.  An institution may:

      (a) Adopt a policy that imposes reasonable restrictions on a student athlete entering into a contract pursuant to NRS 398.310 that provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete with an organization or person whose goods, services or mission are contrary to the mission of the institution; and

      (b) Prohibit a student athlete from being compensated for the use of the name, image or likeness of the student athlete if the use of the name, image or likeness is related to official activities of the institution or intercollegiate sports at the institution.

      3.  A national collegiate athletic association shall not:

      (a) Prevent a student athlete enrolled at an institution from participating in intercollegiate sports solely because the student athlete is compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or the national collegiate athletic association;

      (b) Prevent an institution from being a member of or participating in the activities of the national collegiate athletic association solely because a student athlete who is enrolled at the institution is compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or the national collegiate athletic association;

      (c) Compensate a prospective or current student athlete of an institution for the use of the name, image or likeness of the student athlete; or

      (d) Prevent a student athlete from obtaining professional services.

      4.  As used in this section, “professional services” includes, without limitation, representation regarding contracts or other legal matters, including, without limitation, representation provided by an attorney or an athlete agent registered pursuant to chapter 398A of NRS.

      (Added to NRS by 2021, 941, effective January 1, 2022)

      NRS 398.310  Contracts for compensation for use of name, image or likeness of student athlete. [Effective January 1, 2022.]

      1.  A student athlete may enter into a contract with an organization other than an institution or a national collegiate athletic association that provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete. A contract entered into pursuant to this subsection may not conflict with any provision of a contract between the student athlete and the institution in which the student athlete is enrolled.

      2.  A student athlete who enters into a contract pursuant to subsection 1 must disclose the contract to the institution in which the student athlete is enrolled.

      3.  If the institution in which the student athlete is enrolled alleges that a provision of a contract entered into pursuant to subsection 1 conflicts with a provision of a contract between the student athlete and the institution, the institution shall inform the student athlete and, if the student athlete has legal representation, the attorney of the student athlete of the alleged conflict.

      (Added to NRS by 2021, 942, effective January 1, 2022)

      NRS 398.320  Course, education or training in contracts for student athlete. [Effective January 1, 2022.]  An institution may require a student athlete to take courses or receive education or training in contracts, financial literacy or any other subject the institution deems necessary to prepare a student athlete to enter into contracts.

      (Added to NRS by 2021, 942, effective January 1, 2022)

      NRS 398.330  Disclosure of contracts by prospective student athlete. [Effective January 1, 2022.]  A prospective student athlete shall disclose any previous or existing contract held by the student athlete that provided or provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete to an institution before signing a letter of intent with the institution.

      (Added to NRS by 2021, 942, effective January 1, 2022)