I
106TH CONGRESS
2D SESSION
H. R. 4117
To provide collegiate student-athletes who attend NCAA-member institutions
the same rights and privileges afforded to all citizens.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2000
Mr. MEEKS of New York (for himself, Mr. TOWNS, Mr. JACKSON of Illinois,
Mr. PAYNE, Mr. FORD, Mr. LARSON, and Mr. CROWLEY) introduced the
following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To provide collegiate student-athletes who attend NCAA-
member institutions the same rights and privileges af-
forded to all citizens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Collegiate Athletics
Due Process Act of 2000’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the NCAA and its member institutions are
violating the individual rights of student-athletes
without affording them due process;
(2) since the governing body of the NCAA acts
on behalf of its member institutions, it is incumbent
on the member institutions to protect the rights and
liberties of its entire student body population if the
member institution receives any source of Federal
funding; and
(3) every institution of higher education should
afford to its student athletes the same protections of
individual and private rights as are afforded to all
other citizens.
SEC. 3. OBLIGATIONS TO PROTECT DUE PROCESS.
Section 487 of the Higher Education Act of 1965 (20
U.S.C. 1094) is amended—
(1) in subsection (a), by adding at the end the
following new paragraph:
‘‘(24) The institution will comply with sub-
section (f).’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) DUE PROCESS OBLIGATION.—
‘‘(1) OBLIGATION.—An institution of higher
education has an obligation to any student athlete
who is accused of a violation or infraction of ama-
teur sports rules, including rules and legislation of
the National Collegiate Athletic Association, to en-
sure that the due process rights of that student are
respected.
‘‘(2) DUE PROCESS RIGHTS.—The due process
rights of such an accused student include the fol-
lowing:
‘‘(A) The institution shall provide the stu-
dent athlete with separate independent legal
counsel at the institution’s expense immediately
upon any investigation or alleged violation or
infraction.
‘‘(B) The independent counsel shall be re-
tained through the entire investigation and
until all matters and facts of the pending case
(and any other investigations that may arise
out of the initial investigation) have concluded
to the satisfaction of all parties involved.
‘‘(C) Notice and opportunity to be heard
before an arbitrator, neutral party, or tribunal
not associated with the National Collegiate Ath-
letic Association or a member institution shall
be afforded before any enforcement actions are
administered by the institution.
‘‘(D) All hearings shall include the oppor-
tunity to be heard by testimony or otherwise,
and to have the right of controverting, by proof,
every material fact which bears on the question
of the individual or private rights involved.
‘‘(E) Any enforcement action taken by the
institution in compliance with rules or legisla-
tion of the National Collegiate Athletic Associa-
tion for amateur sports violations shall be clear-
ly established on the basis of specific standards
and guidelines for all possible infractions, in-
cluding punishment or restitution.
‘‘(3) EXCEPTION.—This subsection does not
apply to disciplinary actions taken by a coach or col-
lege administrator for violations of the institution’s
policy or conduct rules that apply to the entire stu-
dent body of the institution.’’.
Æ