S 955
NCAA Accountability Act of 2025
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Bill overview
The NCAA Accountability Act of 2025 aims to increase transparency and due process in investigations conducted by college athletic associations. It mandates written notices to institutions facing potential violations, including details about the allegations and available resources, followed by a hearing with an infractions committee. The bill also establishes a process for arbitration and creates a role for the Department of Justice to investigate complaints and enforce the law, ensuring fair and consistent enforcement.
Key provisions
- Requires covered athletic associations to provide detailed written notice to institutions facing potential violations.
- Establishes a hearing process with an infractions committee and the possibility of arbitration.
- Creates a role for the Department of Justice to investigate complaints and enforce the law.
- Mandates annual reports to the Attorney General summarizing enforcement actions.
- Allows institutions to compel entry into arbitration for disputes regarding punishments.
- Sets minimum and maximum civil penalties for violations.
- Prohibits disclosure of ongoing investigations until formal charges are filed.
- Requires covered athletic associations to conduct investigations in a fair and consistent manner.
Who is affected
- NCAA and affiliated athletic associations
- Colleges and universities with intercollegiate athletic programs
- Student athletes
- Department of Justice
- State Attorneys General
Notable changes
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119th CONGRESS — 1st Session
S. 955
IN THE SENATE OF THE UNITED STATES
A BILL
To establish due process requirements for the investigation of intercollegiate athletics, and for other purposes.
This Act may be cited as the NCAA Accountability Act of 2025
.
Each program under investigation.
All persons under investigation.
The specific alleged violations under investigation.
Each date or time period an alleged violation may have occurred.
The rights and resources available to the accused.
Details about each allegation.
The information and factors the covered athletic association considered in its determination to file charges.
The rights and resources available to the member institution and involved individuals.
The hearing shall commence not later than 1 year after the notice is provided under paragraph (1).
No information from confidential sources may be offered into evidence or form the basis for any decision.
The privileges of membership of any member institution in the covered athletic association may not be impaired as a consequence of any rights granted under this Act.
for individuals and entities to file written, signed complaints respecting potential violations of this Act by a covered athletic association or any person acting as an agent thereof;
for the investigation of those complaints which have a substantial probability of validity;
for the investigation of such other violations of this Act as the Attorney General determines to be appropriate; and
for the evaluation of a covered athletic association’s annual report to determine compliance with this Act.
In conducting investigations and hearings pursuant to this section, the following shall apply:
Any hearing so requested shall be conducted before an administrative law judge of the Department of Justice determined by the Attorney General. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code. The hearing shall be held at the nearest practicable place to the place where the person or covered athletic association resides or of the place where the alleged violation occurred. If no hearing is so requested, the Attorney General's imposition of the order shall constitute a final and unappealable order.
Officers and employees of the Department of Justice (including the administrative law judges referred to in paragraph (1)) shall have reasonable access to examine evidence of any person or covered athletic association being investigated.
If the administrative law judge determines, upon the preponderance of the evidence received, that a person or covered athletic association named in the complaint has violated the statute, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or covered athletic association an order as follows:
The administrative law judge shall order the person or covered athletic association to cease and desist from such violations and to pay a civil penalty in an amount of not less than $10,000 and not more than $15,000,000.
In determining the amount of the penalty, due consideration shall be given to the good faith of the covered athletic association or person, the seriousness of the violation, and the history of previous violations.
Administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
In this Act:
The term covered athletic association means an interstate athletic association, conference, or other organization with authority over intercollegiate athletics or that administers intercollegiate athletics, with at least 900 member institutions.
The term member institution means an institution of higher education that maintains at least one intercollegiate athletic program that is a member of a covered athletic association.
The term institution of higher education has 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).
A covered athletic association shall carry out the requirements of this Act by not later than 1 year after the date of enactment of this Act.