Due process requirements would be established for the investigation of intercollegiate athletics under a bipartisan bill sponsored on Tuesday by U.S. Sen. Marsha Blackburn (R-TN).
The NCAA Accountability Act of 2024, S. 3739, which is cosponsored by U.S. Sen. Cory Booker (D-NJ), would establish due process protections for student athletes, coaches, and universities that are under investigation by the NCAA for rule violations, according to a bill summary provided by Sen. Blackburn’s staff.
“The NCAA’s history of backroom deliberations that produce unfair punishments for athletes, coaches, and universities has gone on long enough,” Sen. Blackburn said. “Student athletes work their entire lives to compete on the college stage, and we must ensure that they are properly compensated for their talents, not bogged down with frustrating investigations with an organization that continues to move the goalposts.”
If enacted, S. 3739 would bring “much-needed consistency and transparency to the NCAA, ensuring that everyone is operating under the same set of expectations for rule violations,” she added.
The bill would require the NCAA to provide its member universities with fair notice regarding enforcement proceedings and complete any investigation no later than one year after it begins, the summary says.
Additionally, the bill would prohibit the NCAA from publicly disclosing information relating to an ongoing investigation until formal charges are filed in the notice of allegations, provide member universities the right to resolve disputes with the NCAA through arbitration, and require the NCAA to conduct its enforcement proceedings and investigations in a fair and consistent manner, states the summary.
Among other provisions, S. 3739 also would direct the U.S. Department of Justice (DOJ) to establish supervisory and investigatory procedures to determine the NCAA’s compliance with the bill, and would authorize the DOJ, through an administrative law judge, to fine the NCAA or individuals on staff (up to $15,000,000) for violating the bill’s provisions.
“This legislation will increase fairness and transparency in the NCAA’s system for investigating potential rule violations,” said Sen. Booker. “It will ensure that college athletes and schools are given the clarity, consistency, and strong due process protections they deserve.”