Members of The House & Senate Seek Similar Accountability in NCAA Enforcement Process – Yet Pundits Have Little Faith in Congress Enacting Either Bill
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Seeking Accountability in the NCAA Enforcement Process
Executive Summary
A bi-partisan senate bill would add increased “due process protections” into the NCAA enforcement process.
In 2021, a bipartisan House bill sponsored an earlier iteration of the “NCAA Accountability Act”
From a sponsorship standpoint, one commonality between the Senate bill and House bill is that Congressional representatives from the State of Tennessee are sponsors to both bills.
The Senate bill is assigned to the Senate Commerce, Science, and Transportation committee.
The bills present a significant amount of duplicative language in terms of timelines to complete investigations (1 year); financial penalty limits (up to $15,000,000) for those in violation of law; and incorporate of arbitration process (independent 3-person arbitration panel), among other provisions.
All Sponsors of both bills hail from States with Power-5 Division I Institutions
According to legislative research outlets, both the House and Senate Accountability bills have, respectively, less than 5% chance of being enacted into law.
According to March 22, 2022 press release, U.S. Senators Marsha Blackburn (R-Tenn.) and Cory Booker (D-N.J.) introduced the NCAA Accountability Act to establish due process protections for student-athletes, coaches, and universities that are under investigation by the NCAA for rule violations.
“The NCAA has a well-established history of back-room deliberations that produce unfair punishments for athletes, coaches, and universities,” said Senator Blackburn. “With the emergence of new name, image, and likeness (NIL) rules, it is more important than ever to address the systematic failures that have eroded league fairness. The NCAA Accountability Act will establish much-needed due process and shine a light on unfair treatment from NCAA leadership."
“The NCAA has nearly absolute authority to investigate and punish member institutions and athletes who are accused of violating the Association’s rules,” said Senator Booker. “The process currently in place - where decisions are made behind closed doors, where investigations drag on for years, and where accused parties aren’t given adequate notice of their supposed violations - has gone on far too long. The NCAA Accountability Act would bring a new level of transparency, consistency, and fairness to a flawed process and is a critical first step toward justice for schools and athletes. I look forward to working with the NCAA in the future and helping address these issues.”
According to Blackburn’s website, the Senate’s NCAA Accountability Act will:
Establish Due Process:
Requires the NCAA to provide its member universities with fair notice regarding enforcement proceedings, including information about: the status of the investigation, alleged violations being investigated, the involved individuals and programs, the potential penalties of each allegation, and the rights and resources available to the accused. The NCAA is required to provide this information through:
A notice of inquiry (when the NCAA opens an investigation into a member).
A notice of allegations (if the NCAA files formal charges).
Requires the NCAA complete any investigation no later than one year after it begins.
Prohibits the NCAA from publicly disclosing information relating to an ongoing investigation until formal charges are filed in the notice of allegations.
Promote Fairness, Consistency, Accountability:
Provides member universities the right to resolve disputes (over sanctions for bylaw infractions) with the NCAA through arbitration. The 3-person arbitration panel will provide an independent, unbiased review and legally binding decision.
Requires the NCAA to conduct its enforcement proceedings and investigations in a fair and consistent manner. The penalties issued against member institutions for bylaw infractions shall be equitable with respect to severity of the infraction.
Enable Enforcement:
Directs the DOJ to establish supervisory and investigatory procedures to determine the NCAA’s compliance with this bill.
Authorizes the DOJ, through an administrative law judge, to fine the NCAA or individuals on staff (up to $15,000,000) for violating the provisions of this bill.
Authorizes the DOJ to order the removal of any member on the NCAA’s board of governors.
Evaluate Legal Standing:
This legislation would apply to any interstate athletic association, conference, or other organization with authority over intercollegiate athletics or that administers intercollegiate athletics, with at least 900 member institutions.
This Senate bill is in the first stage of the legislative process. It was introduced into Congress on March 29, 2022. According to GovTrak.us, it will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole and if both the Senate and House pass the bill, it would then go on to the President for his signature in order to be enacted.
According to Skopos Labs, this Senate bill has a 4% chance of being enacted. The Senate bill is assigned to the Senate Commerce, Science, and Transportation committee.
This Senate bill is not the first “NCAA Accountability Act” to be introduced by members of Congress in recent years. In 2021, a bi-partisan group of U.S. House of Representatives sponsored their iteration of the NCAA Accountability Act – one that practically mirrors the Senate’s version.
The House bill sponsored in 2021 would:
Require the NCAA to provide member universities with fair notice regarding enforcement proceedings
Require the NCAA to complete any investigation no later than one year after it begins
Establish a two-year statute of limitations
Prohibit information from confidential sources from being offered into the NCAA’s enforcement decisions
Prohibit the NCAA from publicly disclosing information relating to an ongoing investigation until formal charges are filed
Provide member universities the right to resolve disputes (over sanctions for bylaw infractions) with the NCAA through arbitration. The three-person arbitration panel will provide an independent, unbiased review and legally binding decision
Require the NCAA to conduct its enforcement proceedings and investigations in a fair and consistent manner. The penalties issued against member institutions for bylaw infractions shall be equitable with respect to severity of the infraction and the institution’s history of infractions
Direct the NCAA to submit an annual report to the Department of Justice (DOJ) summarizing its enforcement proceedings. The NCAA must also submit separate reports to each state’s attorney general summarizing its interactions with member universities headquartered in their respective states
Direct the DOJ to establish supervisory and investigatory procedures to determine the NCAA’s compliance with this bill
Authorize the DOJ, through an administrative law judge, to fine the NCAA or individuals on staff up to $15 million for violating the provisions of this bill
Authorize the DOJ to order the permanent removal of any member on the NCAA’s Board of Governor
This House bill was introduced on November 2, 2021 and was co-sponsored by six U.S. Representatives -- David Kustoff (R-TN); Burgess Ownes (R-UT), Josh Harder (D-CA), Stephanie Bice (R-OK); Eric Crawford (R-AR); Frank Lucas (R-OK); and Sreve Cohen (D-TN).
Perhaps the profile of the Senate sponsors will elevate interest and urgency among their Congressional cohorts. As reported by Sports Illustrated, the Senate bill has two outspoken and high-profile U.S. senators, one a Black Democrat man from the Northeast and the other a white Republican woman from the Deep South, whose political views normally differ greatly. Like many in Congress, they have found common ground on one subject: a mutual disdain for the NCAA.
Per Sports Illustrated, Blackburn has especially been outspoken about the inequity in NCAA investigations, a hot topic in her own state. The Tennessee football program is under investigation for alleged violations committed by the previous coaching staff. Across the state, the University of Memphis’s basketball program was recently sent a notice of allegations that included major rules violations which prompted the House bill being introduced in 2021.
Athletics Veritas is presented for information purposes only and should not be considered advice or counsel on NCAA compliance matters. For guidance on NCAA rules and processes, always consult your university’s athletics compliance office, conference office, and/or the NCAA.
