S.955 - NCAA Accountability Act of 2025 (119th Congress)
Summary
The NCAA Accountability Act of 2025 aims to establish due process requirements for investigations conducted by covered athletic associations (primarily the NCAA) into member institutions and student-athletes. It mandates written notices, timelines for investigations, and access to arbitration. The act also requires annual reports to the Attorney General and State Attorneys General regarding enforcement proceedings.
Expected Effects
The act will likely lead to more standardized and transparent investigative procedures within the NCAA. It could also reduce the potential for arbitrary or unfair penalties against member institutions and athletes. The increased oversight by the Attorney General may also deter misconduct.
Potential Benefits
- Increased Fairness: Standardized due process requirements will ensure fairer treatment of institutions and athletes.
- Transparency: Mandated disclosures and reporting will increase transparency in NCAA investigations.
- Accountability: Oversight by the Attorney General will hold the NCAA more accountable for its enforcement practices.
- Independent Review: The arbitration provision provides an avenue for independent review of disputed punishments.
- Protection of Rights: The act explicitly protects the rights of member institutions during investigations.
Potential Disadvantages
- Increased Bureaucracy: The act may create additional bureaucratic hurdles for the NCAA, potentially slowing down investigations.
- Potential for Litigation: The arbitration provision could lead to increased litigation, adding to the cost and complexity of enforcement.
- Limited Scope: The act primarily focuses on due process and may not address underlying issues of fairness and equity in college athletics.
- Federal Overreach: Some may argue that the act represents an unwarranted intrusion of the federal government into the affairs of a private organization.
- Unintended Consequences: The act could have unintended consequences, such as discouraging institutions from self-reporting violations.
Constitutional Alignment
The act's focus on due process aligns with the Fifth and Fourteenth Amendments, which guarantee due process and equal protection under the law. By establishing procedural safeguards for NCAA investigations, the act seeks to ensure that member institutions and student-athletes are treated fairly. The commerce clause (Article I, Section 8) provides a basis for federal regulation of interstate athletic associations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).