“To establish due process requirements for the investigation of intercollegiate athletics, and for other purposes.”
No CRS summary available for this bill.
This section requires each covered athletic association to establish due process requirements for investigations of member institutions, enrolled student athletes, or other individuals for alleged bylaw infractions or membership violations that require formal investigation. Such requirements must include (1) written notice of inquiry to the member institution within 60 days of receiving information warranting investigation, detailing the programs and persons involved, specific alleged violations (limited to those occurring within the prior 2 years), relevant dates, and available rights and resources; (2) a notice of allegations within 8 months of the initial notice, detailing each allegation, potential penalties, supporting evidence and factors considered, and available rights and resources; (3) a hearing before the association's infractions committee or equivalent body no earlier than 60 days and no later than 1 year after the initial notice, excluding evidence from confidential sources; (4) optional arbitration under standard commercial rules by a three-person panel for disputes over punishments; (5) fair and consistent enforcement with equitable penalties based on infraction severity and institutional history; and (6) no public disclosure of investigation details by the association until formal charges, with discretionary disclosure authority for the member institution and exemption from state disclosure laws. This section further requires each covered athletic association to submit annual reports to the U.S. Attorney General summarizing its enforcement proceedings, investigations, and punishments, and similar reports to each state attorney general (and the D.C. Attorney General) for institutions headquartered in that jurisdiction, exempting such reports from disclosure under the Freedom of Information Act (5 U.S.C. § 552) and equivalent state laws.
This section prohibits impairment of any member institution's privileges of membership in the covered athletic association as a result of rights granted under this Act and clarifies that the Act does not grant the covered athletic association or any member institution rights against any person or individual beyond those otherwise held.
This section directs the Attorney General to establish procedures for (1) receiving written complaints of potential violations of the Act by a covered athletic association or its agents; (2) investigating complaints with probable validity and other appropriate violations; and (3) evaluating annual compliance reports from covered athletic associations. The section further specifies that investigations and hearings are conducted before a Department of Justice administrative law judge (ALJ) in accordance with section 554 of title 5, United States Code (i.e., formal adjudication procedures under the Administrative Procedure Act, which apply to agency hearings required by statute to be determined on the record after opportunity for hearing, subject to specified exceptions such as military functions or worker representative certifications). If a violation is found by a preponderance of the evidence, the ALJ must issue a cease-and-desist order and impose a civil penalty of $10,000 to $15 million (considering good faith, seriousness, and prior violations) and may order permanent removal of a governing body member; the ALJ decision becomes final unless modified or vacated by the Attorney General within 30 days, with judicial review available in the appropriate U.S. Court of Appeals within 45 days of the final order. Department of Justice personnel have access to evidence, subpoena power (enforceable by district court), and hearings must occur at the nearest practicable location.
This section defines key terms for purposes of the Act, including (1) "covered athletic association" as an interstate athletic association, conference, or other organization with authority over intercollegiate athletics or that administers intercollegiate athletics, with at least 900 member institutions; (2) "member institution" as an institution of higher education that maintains at least one intercollegiate athletic program that is a member of a covered athletic association; and (3) "institution of higher education" as having the meaning given the term in section 101(a) of the Higher Education Act of 1965 (i.e., public or nonprofit institutions that admit only students with a high school diploma or equivalent, are legally authorized, provide degree or credit programs, and are accredited or preaccredited).