S. 955 — NCAA Accountability Act of 2025

This section requires each covered athletic association to establish and administer due process requirements for investigations of member institutions, student athletes, or other individuals for alleged bylaw infractions, including (1) written notice of inquiry within 60 days of receiving relevant information, limited to possible violations within the prior two years and detailing programs, persons, violations, dates, and rights; (2) notice of allegations within eight months of the inquiry notice, specifying details, potential penalties, factors considered, and rights; (3) a hearing before an infractions committee not earlier than 60 days after the allegations notice and commencing no later than one year after the inquiry notice, excluding evidence from confidential sources; (4) optional arbitration of punishment disputes before a three-person panel under standard commercial rules; (5) fair, consistent proceedings with equitable penalties based on infraction severity and history; and (6) nondisclosure of investigation details until formal charges, with discretionary disclosure authority for the institution and exemption from state disclosure laws. This section further requires covered athletic associations to submit annual reports to the U.S. Attorney General and each relevant state Attorney General summarizing enforcement proceedings, investigations, and punishments.

This section establishes enforcement procedures administered by the Attorney General (AG) for violations of the Act by covered athletic associations or their agents. It directs the AG to create processes for (1) receiving written, signed complaints; (2) investigating complaints with substantial probability of validity and other appropriate violations; and (3) evaluating annual compliance reports. Hearings, if requested, must be conducted before a Department of Justice administrative law judge (ALJ) in accordance with 5 U.S.C. §554 (i.e., formal adjudication procedures requiring notice, opportunity for hearing, separation of functions, and decisions on the record), at the nearest practicable location to the respondent. If no hearing is requested, the AG's order is final and unappealable. DOJ personnel have access to evidence, and ALJs may issue subpoenas enforceable by district courts as contempt. Upon finding a violation by a preponderance of the evidence, the ALJ must order the respondent to cease violations and pay a civil penalty of $10,000 to $15,000,000 (considering good faith, seriousness, and prior violations) and may order permanent removal of a governing body member. The AG may initiate a hearing after 30 days' notice. ALJ decisions become final AG orders unless modified or vacated by the AG within 30 days. Final orders are subject to review by petition in the appropriate U.S. Court of Appeals within 45 days.

This section provides definitions for purposes of the Act, including (1) "covered athletic association," meaning 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," meaning 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," having the meaning given the term "college or university" in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) (i.e., an accredited public or nonprofit educational institution legally authorized to provide a program of education beyond secondary education for which it awards a bachelor's degree or higher).