WASHINGTON — Tuesday, Sen. Marsha Blackburn, R-T.N., and Sen. Corey Booker, D-N.J., introduced a bipartisan bill in the U.S. Senate aimed to limit the power of the NCAA during its often-criticized investigation process.
S.3943 was introduced by Blackburn and Booker as the NCAA Accountability Act Tuesday.
The bill would establish due process requirements for NCAA investigations and provide protections for student athletes and institutions under investigation.
The bill comes four days after the NCAA announced a notice of allegations University of Memphis men's basketball program after concluding an 18-month-long investigation.
The NCAA's Independent Accountability Resolution Process (IARP) alleges the university "lacked institutional control" and "failed to cooperate with the investigation process" during an investigation into Penny Hardaway and No. 1 recruit James Wiseman.
Any final ruling and penalties by the IARP cannot be appealed by the university under the current system.
The new bill, if passed, would require the NCAA to provide its member universities with fair notice regarding enforcement proceedings, including information about: the status of the investigation, alleged violations being investigated, the involved individuals and programs, the potential penalties of each allegation, and the rights and resources available to the accused universities or student athletes.
It would also require the NCAA complete any investigation no later than one year after it begins, and prohibits the NCAA from publicly disclosing information relating to an ongoing investigation until formal charges are filed in the notice of allegations.
“The NCAA has a well-established history of back room deliberations that produce unfair punishments for athletes, coaches, and universities,” said Blackburn. “With the emergence of new name, image, and likeness (NIL) rules, it is more important than ever to address the systematic failures that have eroded league fairness. The NCAA Accountability Act will establish much-needed due process and shine a light on unfair treatment from NCAA leadership."
The bill would allow member universities the right to resolve disputes (over sanctions for bylaw infractions) with the NCAA through arbitration. The 3-person arbitration panel would provide an independent review and legally binding decision.
If the NCAA were to violate the provisions of the bill, they or individual members of their board of governors could face fines up to $15,000,000, and the Department of Justice would have the authority to remove board members.
