H.R. 3976: NCAA Accountability Act of 2025

This bill, known as the NCAA Accountability Act of 2025, aims to implement due process requirements for the investigation of intercollegiate athletic associations, particularly concerning their member institutions and student athletes. The key features of the bill include:

Due Process Requirements

Covered athletic associations are mandated to follow specific due process procedures when investigating alleged infractions. These procedures include:

• Providing written notice to the member institution within 60 days of deciding to investigate, detailing:
  • Programs under investigation.
  • Individuals involved.
  • Specific alleged violations.
  • Timeframes for such violations.
  • Rights and resources available to those accused.
• Limiting the investigation to potential violations that occurred within the last two years before the notice.
• Issuing a notice of allegations to the member institution within eight months, which includes:
  • Details of each allegation.
  • Possible penalties.
  • Supporting evidence for the allegations.
  • Rights and resources available to the accused.
• Conducting a hearing within a year of the notice, where no confidential sources can be used as evidence.
• Allowing for arbitration if a member institution disputes the punishment imposed by the athletic association.
• Ensuring fairness and consistency in investigations, with penalties aligned to the severity of the violations and the institution’s history.
• Keeping investigations confidential until formal charges are filed, allowing the institution discretion over any disclosures.

Annual Reporting

Each covered athletic association is required to submit an annual report to the Attorney General that summarizes its investigation and enforcement actions taken against member institutions during the previous year.

Limitations on Membership Rights

The act stipulates that a member institution's rights cannot be impaired due to the provisions of the bill.

Investigative Procedures and Penalties

The Attorney General will establish guidelines for individuals to file complaints against athletic associations for violations of this act. This includes:

• Investigating credible complaints.
• Conducting hearings led by administrative law judges from the Department of Justice.
• Issuing civil penalties ranging from $10,000 to $15,000,000 for confirmed violations.
• Potential permanent removal of governing body members for serious violations.

The Attorney General can also initiate hearings for violations and can issue subpoenas for evidence and witness attendance.

Definitions

The bill defines key terms, such as:

• Covered Athletic Association: An organization with authority over intercollegiate athletics, having at least 900 member institutions.
• Member Institution: A higher education institution that has at least one intercollegiate athletic program within the association.
• Institution of Higher Education: Defined as per existing educational laws.

Effective Date

Covered athletic associations must comply with the act's requirements within one year of its enactment.

Relevant Companies