On Monday, U.S. Representative David Kustoff (R-TN-08) joined alongside U.S. Congressmen Burgess Owens (R-UT-04) and Josh Harder (D-CA-10) in reintroducing legislation known as the NCAA Accountability Act, to establish due process protections for universities and individuals under investigation by the National Collegiate Athletic Association (NCAA) for rule infractions.
The NCAA is the largest collegiate athletic association in the U.S. with almost 1,100 member universities and 460,000 student athletes. The Association governs the athletic programs of and competition between member universities.
The lawmakers contend that the NCAA investigates and penalizes its members with little regard for fairness, due process, or transparency because of its monopoly position and lack of monitoring. They claim that its investigations lack clear methods, and its rules are inconsistently enforced. They also allege that the NCAA penalizes universities in unpredictable and inconsistent ways.
The NCAA Accountability Act will:
- Require the NCAA to provide its 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 3-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 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 $15,000,000 for violating the provisions of this bill.
- Authorize the DOJ to order the permanent removal of any member on the NCAA’s Board of Governors.
According to Kustoff, it’s time for Congress to hold the NCAA accountable for its pattern of unfair treatment towards its members.
“College sports play an important role in American life; they bring people together and contribute to many local economies across the country. Unfortunately, the NCAA has nearly omnipotent power over college athletics and a pattern of unfair treatment toward its members. It is time Congress holds them accountable. This bill will provide the necessary due process, transparency, and fairness needed to protect our universities and student-athletes,” Kustoff said.
Owens said that he is proud to resume the effort to level the playing field and ensure unbiased, transparent investigation proceedings in college sports.
“The National Collegiate Athletic Association (NCAA) has consistently wielded unchecked authority, exploitative behavior, and unfair disciplinary power over America’s student-athletes, coaches, and universities, violating their right to due process. I’m proud to join Reps. Kustoff and Harder to champion the NCAA Accountability Act,” Owens said.
According to Harder, student-athletes deserve the protection that this bill offers.
“Our Central Valley student-athletes compete at the highest levels of college sports across the country and go on to be some of the greatest professional athletes. They deserve protection, especially when they’re expected to balance their education and sports careers at the same time. This bill will do right by them, their coaches, and their universities,” Harder said.
The Tennessee Star reached out to Kustoff for comment but did not receive a reply before press time.
This is the second time the lawmakers have introduced this legislation. The lawmakers first introduced the NCAA Accountability Act in November 2021 but it stalled in the House requiring reintroduction.
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Hannah Poling is a lead reporter at The Ohio Star, The Star News Network, The Arizona Sun Times, and The Tennessee Star. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected].
Photo “Rep. David Kustoff” by Rep. David Kustoff.
