Terms of Service

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Terms of Service 

 

Welcome to Scholar Protect. We are excited to have you as a member and the following Terms of Service is our contract with you as a Scholar Protect member. 

 

Scholar Protect is a Legal Services Subscription Plan designed to assist our Members during every aspect of an Administrative Action, Administrative Investigation or Title IX Investigation taken against  a Member by their college or university. Scholar Protect is not an insurance product, nor do we sell insurance. 

 

We use the term “Member” or “you” or “your” in reference to a person or an organization currently enrolled in a Scholar Protect Plan. These Terms govern the benefits you receive under your selected Plan. You agree to be bound by these Terms by purchasing a Scholar Protect Plan.  References to “Scholar Protect,” the “Company,” “we,” “us,” and “our” are references to Scholar Protect, LLC.  

Definitions 

 “Member” means a person or organization who is currently enrolled in a Scholar Protect Plan, who meets and has completed the Plan enrollment requirements for his or her selected Plan. Member also refers to your Organization as a whole. 

“Title IX Investigation”  any investigation by a Member’s college or university involving an allegation covered under Title IX, Education Amendments of 1972, 20 U.S.C. Sections 1681-1688 (2018).

“Administrative Investigation” any investigation by a Member’s college or university involving a Member which may result in an administrative action against the Member, and includes administrative investigations involving allegations of misconduct, including violations of the student code of conduct and Title IX, or  wherein a Member has been asked to provide information as a witness. “Investigation” refers to Administrative Investigation.

“Administrative Action” any administrative action by a Member’s college or university taken against the Member which includes allegations of misconduct, including violations of the student code of conduct and/or Title IX or in which a Member has been asked to provide information as a witness

“Administrative Proceeding” means an non-judicial  proceeding by a Member’s college or university wherein the Member is a party or a witness, and involves allegations of student misconduct, including violations of the student code of conduct and/or Title IX.  “Proceeding” means Administrative Proceeding..

“Organization” means a student organization who is a member of the National Pan-Hellenic Council (NPHC), the National Panhellenic Conference (NPC) and the National, or the North American Interfraternity Council (NIC).  For a list of NPHC members, click here: https://www.nphchq.com. For a list of the NPC members, click here: https://npcwomen.org/about/our-member-organizations/. For a list of the NIC members, click here: https://nicfraternity.org/member-fraternities/.

“Plan” refers generally to the three (3) plans offered by Scholar Protect:  Student Protect Plan, Athlete Protect Plan, and/or the Organization Protect Plan.

Subscription Payments and Cancellation

All Scholar Protect Plans are annual subscriptions, with either annual or monthly payments.  All Plan subscriptions automatically renew unless canceled by the Member.  You authorize Scholar Protect to automatically process the annual or monthly subscription payment from the payment method used at the time of check out and is maintained within your secure Member profile.. Your Subscription Period begins on the date you purchase a subscription from Scholar Protect and continues for twelve (12) months thereafter.

 

Annual subscription payments will be automatically drafted from the payment method provided during  enrollment, and will be processed annually on or about the original subscription date. In the event your  annual renewal subscription payment fails, payment must be made within 30 days to avoid cancellation.  

Monthly subscription payments are automatically drafted from the payment method provided during  enrollment. Monthly subscription payments are drafted approximately every thirty (30) days. In the  event your monthly subscription payment fails, payment must be made within 48 hours to avoid  cancellation.  

You may cancel your subscription online through your Member profile at www.ScholarProtect.com or by calling 1-833-564-6771. For annual subscription cancellation, if more than thirty (30) days are remaining on your annual subscription, you will receive a  prorated refund of your annual subscription fee. For monthly subscription cancellations, your subscription will terminate on the next scheduled monthly billing date. 

Member Requirements and Resources 

Scholar Protect encourages Members to utilize the educational materials available to all Members through the Scholar Protect website, podcasts and/or newsletters.  As a Member, you agree to provide complete and accurate information at enrollment, and agree to maintain the accuracy of the Member profile by  supplementing or updating the information contained in the profile, to include updates to home and billing address, email address, phone number, payment information, and permit information (if  applicable). Self-service updates may be made by entering updated information via your  Member profile at Scholar Protect.com. 

Upon Plan enrollment, you agree to accept all communications and notifications from Scholar Protect by electronic mail, telephone, text message, and traditional mail. 

Location where plan benefits are available

Scholar Protect Plans are available in the United States (does not include US Territories and possessions, the US Virgin Islands or Puerto Rico), excluding Washington, New Jersey, New York  and Connecticut. 

 

Member Services & Coverage 

In the event you are involved in or the subject of an Administrative Investigation,  Administrative Action or Title IX Investigation by your college or University, Scholar Protect will pay all reasonable costs to provide you with experienced legal representation by an attorney located near your college or university  and defend you in any resulting Administrative proceeding or hearing at your college or university, in accordance with your selected Plan benefits.  You must maintain your Plan subscription while receiving Plan benefits, until there is no further need for Plan benefit resources. All Scholar Protect Plans provide benefits to Members only at a college or university level where the Member is currently enrolled, or was enrolled at the time of the incident which is the subject of the Administrative investigation/ action/proceeding.

Student Protect and Athlete Protect Comprehensive Plan Benefits

Plan benefits provided on behalf of a Member are paid on behalf of the member by the Company, in accordance with these Terms, with no out-of-pocket expenses required of the Member except the Plan subscription fee.  In order to receive benefits under your Plan, you must have a current Scholar Protect Plan subscription as of the date of the incident which is the subject of the Administrative Action/Investigation, and you must maintain your Plan subscription until final resolution of the Administrative Action/Investigation. 

 

The following associated costs and expenses are provided to a Member, subject to selected Plan benefits during an Administrative Action/Proceeding/Appeal: 

 

  • 24-hour attorney access hotline to speak to a Scholar Protect attorney;

  • Attorney consultation, retainer, and all other necessary attorney’s fees during an Administrative Action or Investigation, including: expert witness and expert consultant fees, investigator’s fees and expenses, and all reasonable expenses incurred by Member’s attorney in connection with the investigation or defense of the Administrative Action/Investigation/Proceeding;

  • Up to $20,000.00 for actual attorney’s fees and expenses associated with a necessary appeal to a court of competent jurisdiction following  the Administrative Action/Proceeding;

  • Unlimited legal referrals for any need not covered by your Plan, available through the 24-hour attorney access hotline;

  • Counseling Benefit:  up to $200 per session for up to twenty (20) sessions for Licensed Professional Counseling services related to an Administrative Investigation/Action/Proceeding, up to a maximum of $4,000.

 

Additional Athlete Protect Benefits: 

  • Media relations expenses include retaining an experienced media relations firm or representative during the Administrative Action/Investigation/Proceeding or appeal, in accordance with selected Plan benefits, up to $10,000 (does not apply to the Student Protect Plan);

  • Counseling Benefit:  up to $250 per session for up to twenty (30) sessions for sports psychologist services related to an Administrative Investigation/Action/Proceeding, up to a maximum of $7,000.

 

Organization Protect Plan Benefits

  • 24-hour attorney access hotline to speak to a Scholar Protect attorney.

  • Legal Consulting and Compliance:up to $5,000.00 per year.  This provides your organization legal services up to the benefit amount for the following:

    •  Legal Consulting with an experienced  local attorney regarding: ensuring organizational compliance with relevant applicable local, state and federal laws and the college’s code of conduct concerning the Organization’s on and off campus activities; 

    • Crisis management: In a crisis or access, such as a severe injury or media relations issue, immediate legal and media relations assistance to help triage and manage the situation and minimize potential legal risks and reputational harm; 

    •  Institutional Relationship Assistance: Host college and university relations and contracts including the rights, duties and expectations of an Organization and host institution.

  • Up to $25,000 for actual attorney’s fees and expenses associated with an Administrative Action, Investigation or Proceeding, and a necessary appeal to a court of competent jurisdiction following an Administrative Proceeding.

 

Restrictions, Limitations, Notices and Exclusions 

Selection of Counsel: With the input of the Member, Scholar Protect  will select and retain counsel to  represent a Member in an Administrative /InvestigationAction/Proceeding, and will assist and support  retained counsel in litigation management. 

 

Cooperation: Member agrees to cooperate with Scholar Protect in connection with services  provided to  you, including, but not limited to, cooperation with any attorney retained to  assist you, attending all required appearances, and authorizing your attorney to communicate with Scholar Protect attorneys regarding any information reasonably  requested by Scholar Protect, which shall be privileged and kept confidential. You agree to execute any consent to release non-privileged  information, as required by your attorney, if needed, in order for Scholar Protect to provide your Plan benefits. Scholar Protect will never divulge your privileged information. 

Scholar Protect will not provide subscription benefits for any incident or event  that is not an Administrative Investigation/Action or Proceeding or for any incident occurring prior to the start of your Plan subscription or for any incident occurring after your subscription has ended.  

 

Scholar Protect does not provide membership benefits to any Member for Administrative Investigations Actions or Proceedings  related to political demonstrations.

Scholar Protect Memberships are not available to residents of Washington, New Jersey, New York, or Connecticut, or those attending college or university in those states, or outside of the United States.  

Dispute Resolution 

Upon any dispute, claim, or controversy, arising out of these Terms of Service, you acknowledge and agree that any such dispute will first be submitted for resolution through mediation.  If mediation is unsuccessful, the dispute, claim, or controversy shall be resolved through binding  arbitration in Oklahoma City, Oklahoma and administered according to the Commercial Arbitration  Rules of the American Arbitration Association and applying the laws of the State of Oklahoma.  

Electronic Notices 

Upon purchasing your Membership, you agree to receive notices related to plan Membership and these Terms of Service by  electronic mail, which shall be valid upon transmission of the notice by Scholar Protect to your email address in your Member profile. 

Entire Agreement, Non-Assignment, and Severability 

These Terms of Service contain the entire agreement between Scholar Protect and you, and  supersedes any and all prior agreements and understandings, and are divisible and separable. If any of  the Terms of Service are found to be or becomes invalid, illegal, or unenforceable, such term or terms  shall be reformed to approximate as nearly possible the intent of your and the Company,  and the remainder of the terms shall not be affected thereby and shall remain valid and enforceable to  the greatest extent permitted by law. Subscription benefits are not transferable.  

Counsel 

You acknowledge that these Terms of Service create certain legal rights and obligations  between you and the Company, and acknowledge that you have had the  opportunity to consult with legal counsel as you deems appropriate, and that you understand these Terms of Service.

 

No Attorney Client Relationship and Release of Liability 

You acknowledge that no attorney-client relationship is created between you and the Company upon remitting Membership payment for a selected Plan. Although Scholar Protect will obtain and  pay for the above-described legal services related to an Administrative Proceeding/Investigation, your expressly and unconditionally release without limitation and agrees to hold harmless Scholar Protect from any claim, controversy, or dispute arising out of any services provided by Scholar Protect,  or other service rendered by a contracted law firm, its attorneys and other personnel, a professional firm  or business affiliated with or retained by a network law firm, and its employees, contractors, or  personnel. 

 

Cancellation 

Coverage under any of the above described Terms of Service will automatically terminate upon  cancellation or non-renewal of your subscription.

Effective Date 

These Terms of Service are effective as of June 15, 2024, and apply to current subscriptions and any  subscription initiated after the effective date. 

Purchase and Consent to Terms of Service 

By subscribing to a Scholar Protect Plan, you acknowledge that you have  read, analyzed,  understands, and agrees to be bound by these Terms of Service. You further acknowledge that you are unaware of any grounds or circumstances which would preclude eligibility for Scholar Protect Membership. This Membership subscription is annual and in effect for one year from the date of enrollment and completed payment. At the end of the subscription period, your  Membership subscription will automatically renew.