Due process requirements

(a) In general Each covered athletic association shall establish and administer due process requirements for the investigation of any member institution, student athlete enrolled in such member institution, or other individual for any alleged infraction of the covered athletic association’s bylaws or failure to meet the conditions and obligations of membership if the matter cannot be resolved without a formal investigation, consistent with the following: (1) If the covered athletic association or any governing body subordinate to the covered athletic association, initiates an investigation whether formal or informal into a member institution, the covered athletic association shall provide written notice to the member institution detailing the nature of the inquiry by not later than 60 days after the covered athletic association receives information indicating that a bylaw violation may have occurred, and that the covered athletic association has determined that an investigation is warranted. The notice shall include, to the extent such information is available, the following: (A) Each program under investigation. (B) All persons under investigation. (C) The specific alleged violations under investigation including any sources relief on by the covered athletics association, whether verbal or written. (D) Each date or time period an alleged violation may have occurred. (E) The rights and resources available to the accused party or parties. (2) The notice under paragraph (1)(C) shall be limited to possible violations occurring not earlier than 2 years before the date the notice is provided to the member institution. The covered athletic association shall thereafter promptly notify the member institution of any other relevant information discovered in the course of the investigation. (3) Prior to commencing any enforcement proceeding, the covered athletic association shall provide the member institution with a notice of allegations not later than 8 months after the notice of inquiry is received under paragraph (1), which shall include the following: (A) Details about each allegation. (B) The potential penalties for each allegation. (C) The information including any supporting evidence relief on to form the basis of the allegations” between “information and factors the covered athletic association considered in its determination to file charges. (D) The rights and resources available to the member institution and involved individuals. (4) Not earlier than 60 days after the notice of allegations is received, there shall be a hearing before the covered athletic association’s infractions committee or body with authorization to hear cases and prescribe punishments to member institutions which shall conform to the following requirements: (A) The hearing shall commence not later than 1 year after the notice is provided under paragraph (1). (B) No information from confidential sources may be offered into evidence or form the basis for any decision. (5) In the event that there is any dispute regarding the covered athletic association’s punishment of a member institution, the member institution may compel entry into arbitration conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States, which will provide an independent review and binding decision. The arbitration shall be conducted by a three-person panel. The covered athletic association and member institution shall each appoint one arbitrator of their respective choosing. The third arbitrator shall be appointed in agreement by the two arbitrators appointed by each party. (6) The covered athletic association shall conduct its enforcement proceedings and investigations in a fair and consistent manner, and the penalties issued against member institutions for bylaw infractions shall be equitable with respect to severity of the infraction and the member institution’s history of infractions. (7) The covered athletic association shall not disclose information relating to an ongoing investigation into a member institution until formal charges are filed in the notice of allegations submitted under paragraph (3). The member institution shall have discretionary authority to disclose any information relating to an ongoing investigation, and no information relating to an ongoing investigation shall be subject to any disclosure requirement under State law. (b) Report A covered athletic association shall submit an annual report to the Attorney General summarizing its enforcement proceedings, investigations, and issuance of punishments to member organizations under this Act over the preceding year. A covered athletic association shall submit an annual report to each State Attorney General (and the Attorney General for the District of Columbia) summarizing its enforcement proceedings, investigations, and issuance of punishments to member institutions headquartered in the State. Section 552 of title 5, United States Code, and any similar provision of State law does not apply to such report.