Colorado student athletes no longer subject to arbitration
by Carol Thompson
Arbitration has been a hot topic in recent weeks due to the Consumer Financial Protection Bureau’s report to Congress on the impact of mandatory arbitration agreements in consumer contracts.
But, consumer contracts aren’t exclusive to arbitration agreements. They can be found in almost every aspect of life and have no age barriers- even high school students can be locked into arbitration clauses.
That won’t be happening in one state. Colorado Governor John Hickenlooper on Wednesday signed a bill into law which no longer requires that binding arbitration be used in the Colorado High School Activities Association (CHSAA) appeals process.
The bill, Senate Bill 51, was suggested and lobbied for by CHSAA. It specifically deals with the appeals process for students who have been ruled ineligible to participate in an extracurricular activity.
Under the current bill, an ineligible student could file a petition or complaint with a group of sitting or retired judges or other group of neutral arbitrators approved by the school, school district, or any organization or association to which the school or school district belongs.
Under the new bill, which takes effect in August, the ineligible student may seek a preliminary injunction or restraining order from a court of competent jurisdiction once the appeals process has been followed.
According to CHSAA News, it was felt that arbitration was too costly and took too long.