A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-39-165 SO AS TO REQUIRE AN APPEALS PROCESS FOR AN ALLEGED RULE VIOLATION OF A VOLUNTARY ASSOCIATION THAT ESTABLISHES AND ENFORCES BYLAWS OR RULES FOR INTERSCHOLASTIC SPORTS COMPETITION FOR PUBLIC SECONDARY SCHOOLS IN THE STATE MUST INCLUDE THE PROCEDURAL DUE PROCESS PROTECTIONS OF THE FOURTEENTH AMENDMENT INCLUDING, BUT NOT LIMITED TO, THE RIGHT OF AN ALLEGED RULE VIOLATOR TO CROSS-EXAMINE TESTIMONY MADE AGAINST THE ALLEGED RULE VIOLATOR; AND TO PROVIDE A DECISION OF A VOLUNTARY ASSOCIATION THAT ESTABLISHES AND ENFORCES BYLAWS OR RULES FOR INTERSCHOLASTIC SPORTS COMPETITION FOR PUBLIC SECONDARY SCHOOLS IN THE STATE, OR AN APPELLATE PANEL OF THE ASSOCIATION, THAT PENALIZES A HIGH SCHOOL ATHLETICS TEAM DUE TO AN ALLEGED RULE VIOLATION THAT OCCURRED IN JANUARY 2024 IS VOID.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 39, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-39-165. (A) An appeals process for an alleged rule violation of a voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools in the State must include the procedural due process protections of the Fourteenth Amendment, including, but not limited to, the right of an alleged rule violator to cross-examine testimony made against the alleged rule violator.

 

SECTION 2.  A decision of a voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools in the State, or an appellate panel of the association, that penalizes a high school athletics team due to an alleged rule violation that occurred in January 2024 is void.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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