Two United States Senators are reintroducing a bipartisan legislation that would establish guidelines for how the National Collegiate Athletic Association (NCAA) handles its infractions and investigative process. The ‘Accountability Act’ was initially proposed in 2022 by Senators Marsha Blackburn (R-Tenn.) and Cory Booker (D-N.J.), who have decided to reintroduce the bill amidst the current chaotic state of college athletics.
In recent years, Congress has conducted multiple hearings on the NCAA’s current state, including its handling of investigations. With a new term in Congress, both Blackburn and Booker have chosen to resubmit their bipartisan bill.
The bill will be reintroduced to the Senate, aiming to establish due process protections for student-athletes, coaches, and universities that are under investigation by the NCAA for rule violations.
The timing of this bill is significant, as there is an ongoing investigation into Tennessee and an antitrust lawsuit filed against the NCAA by the attorneys general from Virginia and Tennessee.
Notably, the NCAA’s enforcement of violations can be a lengthy process, taking up to five years to uncover wrongdoing or penalize a university. This has resulted in pushback from those being investigated. The proposed bill would introduce deadlines for investigations and a new appeals process.
Under the new bill, the NCAA would be required to complete an investigation within one year from the school’s receipt of a notice of investigation. The NCAA would also be prohibited from investigating alleged violations that occurred more than two years before the notice was sent to the school. This prevents retroactive penalties from being imposed outside of this time window.
Senator Blackburn stated, “The NCAA’s history of unfair punishments for athletes, coaches, and universities through backroom deliberations has gone on for too long. We must ensure that student-athletes are properly compensated for their talents and not burdened with frustrating investigations by an organization that constantly changes its standards. The NCAA Accountability Act brings much-needed consistency and transparency to the NCAA, ensuring that everyone operates under the same expectations for rule violations.”
Additionally, the NCAA would be required to report annually to the U.S. Attorney General and each state Attorney General to ensure compliance with the new legislation. The use of confidential sources as evidence or as a sway for the investigative committee’s decision would also be prohibited.
For the complete Accountability Act Bill, please refer to the provided link.
One of the key focuses of this act is to enable member institutions to resolve disputes related to investigations through arbitration, promoting fairness and transparency in the NCAA’s system for investigating potential rule violations.
Senator Corey Booker stated, “This legislation will increase fairness and transparency in the NCAA’s system for investigating potential rule violations.”
Lastly, the bill addresses the issue of the NCAA leaking parts of an investigation to the public while it is ongoing. This has led to schools having to combat the organization in the court of public opinion. The legislation aims to prevent such leaks.
The timing of this legislation aligns with the pushback the NCAA is currently facing from member institutions and leaders across college campuses. While there is a willingness to bring the NCAA into congressional hearings and criticize them publicly, achieving federal action is a different challenge altogether.
This latest attempt serves as a notice to the NCAA while the issue is still prominent. Whether this legislation will yield tangible results remains uncertain. However, it is another effort to hold those responsible for the NCAA’s flawed investigative process accountable.