House Bill 1040

AN ACT TO CREATE "THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA) FAIRNESS IN F.A.C.T. INVESTIGATIONS ACT OF 2017," TO PRESCRIBE GUIDELINES TO BE USED BY THE NCAA WHEN CARRYING OUT INVESTIGATION OF ASSOCIATION RULES AND REGULATIONS BY PUBLIC MEMBER INSTITUTIONS IN THE STATE OF MISSISSIPPI; TO PROVIDE THE LEGISLATIVE PURPOSE AND INTENT OF THIS ACT; TO DEFINE TERMS USED IN THIS ACT; TO PROVIDE THAT THE NCAA ENFORCEMENT STAFF AND ITS COMMITTEE ON INFRACTIONS SHALL HAVE NINE MONTHS TO COMPLETE THE INVESTIGATION AND ISSUE ITS RULING; TO REQUIRE ANY APPELLATE ACTION TO BE CONCLUDED WITHIN SIX MONTHS OF THE COMMITTEE ON INFRACTION FINAL DECISION ON THE INVESTIGATION; TO STIPULATE THE INFORMATION THAT SHOULD BE INCLUDED IN THE LETTERS OF PRELIMINARY AND OFFICIAL INQUIRY; TO PROVIDE THAT THE LETTER OF OFFICIAL INQUIRY SHALL SERVE AS NOTICE OF INVESTIGATION AND COMMENCE THE TOLL TO RUN TO COMPLETE THE INVESTIGATION AND RULING; TO REQUIRE THE MEMBER INSTITUTION TO PROVIDE NOTICE TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AT THE END OF THE THREE-MONTH PERIOD TO RESPOND TO THE ALLEGATIONS IN THE LETTER OF OFFICIAL INQUIRY; TO PROVIDE ALL NOTICES AND RULINGS SHALL BE DOCUMENTS SUBJECT TO ACCESS UNDER THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983; TO PROVIDE PENALTIES TO IMPOSED UPON THE NCAA FOR EACH DAY THE INVESTIGATION EXTENDS THE REQUIRED APPLICABLE PERIOD FOR THE INVESTIGATION, RULING AND APPEAL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "National Collegiate Athletic Association (NCAA) Fairness in F.A.C.T. Investigations Act of 2017."

SECTION 2. The purpose of this act is to reduce the amount of uncertainty experienced by state institutions of higher learning which are subjected to the investigative process of the National Collegiate Athletic Association (NCAA) for alleged violations of association rules and regulations enacted through NCAA legislation. It is not the intent of the Legislature to interfere with the merits of any NCAA investigation or deliberation arising from institutional infractions. The intent of the Legislature is to establish the time frames by which the NCAA shall adhere in order to ensure that an efficient, timely and transparent procedure of due process is provided to athletic programs of member institutions within the State of Mississippi and to limit any unnecessary harm that could be suffered by those programs and their individual student-athletes.

SECTION 3. As used in this act, the following words shall have the meanings ascribed to them in this section, unless context clearly requires otherwise:

(a) "F.A.C.T. Investigation" means the process used by the National Collegiate Athletic Association enforcement program staff to conduct fair, accurate, collaborative and timely investigation of violations of NCAA legislation by member institutions to determine and impose appropriate penalties if violations occurred.

(b) "Member institution" means a public four-year institution of higher learning under the purview of the Board of Trustees of State Institutions of Higher Learning and accredited by an appropriate regional accrediting agency, which is a member of the association of colleges and universities which make up the NCAA and create legislation for governance of participating members.

(c) "National Collegiate Athletic Association (NCAA)" means the one thousand one hundred twenty-one (1,121) colleges and universities which make up the member-led organization dedicated to the well-being and lifelong success of college athletes, which shares a belief in and commitment to:

(i) The collegiate model of athletics in which students participate as an avocation, balancing their academic, social and athletics experiences;

(ii) The highest levels of integrity and sportsmanship;

(iii) The pursuit of excellence in both academics and athletics;

(iv) The supporting role that intercollegiate athletics plays in the higher education mission and in enhancing the sense of community and strengthening the identity of member institutions;

(v) An inclusive culture that fosters equitable participation for student-athletes and career opportunities for coaches and administrators from diverse backgrounds;

(vi) Respect for institutional autonomy and philosophical differences; and

(vii) Presidential leadership of intercollegiate athletics at the campus, conference and national levels.

(d) "NCAA enforcement staff" means those persons tasked with the mission of acting as a means of accountability for member institutions by seeking out and processing information relating to possible violations of NCAA legislation in accordance with the policies and procedures enacted by the NCAA membership.

(e) "NCAA legislation" means the policies and regulations adopted by member institutions which govern the eligibility, participation, violations, investigation and penalties imposed upon those member institutions.

SECTION 4. (1) When reasonably reliable information has been obtained the National Collegiate Athletic Association enforcement staff indicating that: (i) violation of NCAA legislation has occurred; (ii) a significant competitive or recruiting advantage may have been gained; or (iii) false or misleading information may have been reported to the institution or to the enforcement staff by a member institution, the NCAA enforcement staff shall undertake a review of the information in order to determine its credibility. From the time that the notice of violation is communicated in the form of a letter of official inquiry to the member institution subject to the impending investigation until the time that a final ruling on the imposition of penalties for the violations or its dismissal, as specified in this act, shall not exceed the period of one (1) year.

(2) (a) At the time that the involved NCAA member institution is informed of the NCAA's inquiry by a letter of preliminary inquiry to the institution's president or chancellor, the institution shall be considered to be on notice of possible investigation by the NCAA. The preliminary letter shall indicate the nature of the potential violations, including:

(i) The involved sport;

(ii) The approximate time period in which the alleged violations occurred;

(iii) The identities of the involved individuals; and

(iv) The approximate time frame for the investigation.

(b) During the period of the preliminary inquiry, if the enforcement staff fails to make sufficient findings of fact to warrant the issuance of a letter of official inquiry within six (6) months of the date that the initial notice was provided through the preliminary letter of inquiry, the NCAA Committee on Infractions shall dismiss any preliminary investigation finding and enjoin the enforcement staff from conducting further investigative processes on the potential violations identified in the letter of preliminary inquiry.

(c) The enforcement staff shall conduct the preliminary inquiry for any such reasonable period of time as it deems necessary in accordance with paragraph (b) of this subsection to determine whether adequate information exists indicating that violations of NCAA legislation occurred by the member institution sufficient enough to warrant a full investigation. The preliminary investigation period shall not result in any punitive action being taken against any membership institution, team, student-athlete or any other individual of the membership institution until a letter of official inquiry is communicated to the president or chancellor of the member institution, at which time the institution may impose its own sanctions upon the team, student-athletes and/or any other individuals who are subject to the formal investigation. The letter of official inquiry shall notify the institution and all involved parties of all alleged violations of NCAA legislation discovered during the preliminary inquiry period, and must contain specific allegations against the institution, including:

(i) The involved sport;

(ii) The NCAA legislative rule violated and the manner in which the alleged violation occurred;

(iii) The time period in which the alleged violations occurred;

(iv) The identities of the involved individuals; and

(v) An indication that other facts may be developed during the course of the investigation that may relate to additional violations, if applicable.

SECTION 5. The receipt of the letter of official inquiry by the member institution shall start the tolling period to run by which the National Collegiate Athletic Association shall have to conclude it's formal investigation and enter a ruling on its findings, either imposing penalties for any violations or dismissal of the investigation. The institution shall have three (3) months to respond to the allegations. At the conclusion of the allotted three-month response period the member institution shall provide notice of the investigation and the institution's official response to the Board of Trustees of State Institutions of Higher Learning, which such documentation shall become a matter of public record under the provisions of the Mississippi Public Records Access Act of 1983, and provided under Chapter 61, Title 25, Mississippi Code of 1972.

SECTION 6. (1) The National Collegiate Athletic Association shall have nine (9) months from the date of the member institution's response to the letter of official inquiry to complete its investigation, present findings to the NCAA Committee on Infractions and to render its final decision either imposing penalties for the violations proven in the investigation process or dismissal of the allegations.

(2) At such time that the NCAA Committee on Infractions renders its final decision on the record of violations either imposing penalties for the violations proven in the investigation process or dismissal of the allegations, the committee shall submit its ruling to the member institution and to the Board of Trustees of State Institutions of Higher Learning. The ruling issued by the NCAA Committee on Infraction, as to its final decision, shall become a matter of public record once communicated to the appropriate entities under the provisions of the Mississippi Public Records Access Act of 1983, and provided under Chapter 61, Title 25, Mississippi Code of 1972.

(3) Any appeal from the final decision of the NCAA Committee on Infraction shall be prosecuted and finally concluded within six (6) months from the date of the committee's final decision.

SECTION 7. If the National Collegiate Athletic Association fails to complete its investigation and render its final decision on the alleged violations of the rules and regulations enacted through NCAA legislation within the time period allotted under this act from the time of its notice to the member institution in the form of a letter of official inquiry, investigation, hearing, ruling and any appellate process, the NCAA shall be fined Ten Thousand Dollars ($10,000.00) for each day the process exceeds the applicable time period, which such fine shall be payable to the member institution subject to the investigation and actionable through the Circuit Courts of the State of Mississippi.

SECTION 8. This act shall take effect and be in force from and after July 1, 2017.