The NCAA Accountability Act of 2025 establishes due process requirements for athletic associations when investigating member institutions or student-athletes for potential bylaw violations, protects college athletes, and enforces violations through the Department of Justice.
Marsha Blackburn
Senator
TN
The NCAA Accountability Act of 2025 establishes due process requirements for athletic associations when investigating member institutions or student-athletes for potential bylaw violations, ensuring fair and consistent enforcement proceedings. It protects college athletes by preventing punishment for institutions complying with athletes' rights under this law. The Act empowers the Attorney General to investigate violations and enforce penalties, including civil penalties and removal of governing body members. Key terms like "covered athletic association" and "member institution" are defined, and compliance is required within one year of enactment.
Alright, let's break down the NCAA Accountability Act of 2025. In simple terms, this proposed legislation aims to put guardrails on how major college athletic associations, specifically those with over 900 member schools (think the NCAA), conduct investigations into potential rule violations by universities or student-athletes. It lays out specific procedures and timelines that these associations must follow, essentially creating a standardized playbook for probes that haven't really had one mandated at this level before.
So, what does this actually mean for a school facing an investigation? The bill demands more transparency and structure right from the start. If an athletic association gets a tip about a potential violation, they have 60 days to send a formal written notice to the school (Sec. 2). This isn't just a heads-up; it has to detail who and what is being investigated, the specific rules allegedly broken (only looking back 2 years), the dates, and the school's rights.
From there, the clock starts ticking again. The association has 8 months to issue a formal 'notice of allegations,' laying out the charges, potential penalties, and the evidence they used (Sec. 2). Think of it like an indictment in the legal world. A hearing before the association's infractions committee must happen between 60 days and 1 year after that notice. Crucially, information from confidential sources can't be used as evidence in these hearings.
If a school disagrees with the punishment handed down, the bill gives them the option to take the dispute to binding arbitration with a three-person panel (Sec. 2). This offers an alternative path to resolution outside the association's internal process. The overall goal stated is fairness and consistency, making sure penalties match the violation's severity and the school's history.
This bill isn't just setting rules; it's bringing in the federal government as a referee. The U.S. Attorney General (AG) is tasked with creating procedures to handle complaints about violations of this Act (Sec. 4). If the AG finds a complaint credible, they can launch an investigation, potentially leading to a hearing before a Department of Justice administrative law judge (ALJ).
These ALJs have significant power. They can order an association to stop violating the Act and impose hefty civil penalties, ranging from $10,000 up to $15,000,000 per violation (Sec. 4). How much? The bill says it depends on the association's 'good faith,' the seriousness of the violation, and past offenses. That 'good faith' part isn't defined, leaving room for interpretation. In serious cases, an ALJ could even order the permanent removal of governing body members from the athletic association.
To keep tabs, athletic associations must submit annual reports to the U.S. Attorney General and relevant State Attorneys General, summarizing their enforcement actions (Sec. 2). This adds a layer of mandatory transparency.
For universities and athletes, this could mean a clearer, potentially fairer process when accused of wrongdoing. The strict timelines prevent investigations from dragging on indefinitely, and the arbitration option provides another avenue for appeal. The ban on using confidential sources at hearings is also a significant shift.
However, the enforcement mechanism introduces a new player: the Department of Justice. While intended to ensure compliance, the AG's power to initiate investigations and the ALJ's authority to levy massive fines (up to $15M) and remove officials could become politicized or applied inconsistently, especially with vague terms like 'good faith' guiding penalty decisions. Smaller schools might also worry about facing potentially crippling fines. It fundamentally changes the power dynamic, placing the federal government directly into the oversight of college sports governance.