WASHINGTON,
DC – An independent report reviewing the NCAA’s Division I enforcement
and infractions processes and procedures recommends several adjustments
to control and manage risks and to improve accuracy and operational
efficiencies, according to James C. Duff, Managing Partner of Baker,
Donelson, Bearman, Caldwell & Berkowitz, PC in Washington, D.C.
Duff, recently appointed by Chief Justice John Roberts as Director of
the Administrative Office of the U.S. Courts, was engaged in May 2005
to review NCAA investigatory, hearing and appeals process, and waiver
and student-athlete reinstatement procedures. The Report has been
submitted to the NCAA Special Internal Review Committee, which is
overseeing consideration and implementation of the recommendations.
"Throughout
its history, the NCAA has periodically reviewed its procedures to
ensure that they are fair, effective, timely and consistent,” Duff
said. “The NCAA does not lack in rules or procedures; if anything,
there are too many and they can be streamlined.”
Several
suggestions in the Report have already been implemented, and all are
being considered. The 22-page Report recommends certain procedural
changes, many of which are intended to reduce the time and improve the
operations involved in NCAA procedures, for example:
Hiring
more staff to expedite processing of inquiries—which the NCAA has
already done; providing additional training to new staff before they
participate in investigations; and, educating and communicating to the
public the changes that NCAA makes based on the Report’s
recommendations. Hiring a
“Reporter of Decisions” to review every decision, press release,
website publication and rule change rendered by the Association for
accuracy before being publicly released. The NCAA recently hired an
attorney to fulfill this position. Requiring
involved parties to appear at the Infractions Committee hearing before
they are entitled to appear at the Appeals Committee hearing, which
also might eliminate the need to appeal and will enable the Infractions
Committee to make more fully informed findings. Providing
schools an opportunity to seek reconsideration of an imposed penalty,
which could eliminate the need for an appeal and reduce process time. Providing
parties an opportunity to resolve time-consuming procedural disputes,
such as those regarding documents provided in an investigation, prior
to the hearings on the merits, which will expedite decisions.Giving
schools an opportunity to submit a joint statement of facts with NCAA
staff regarding the review of reinstatement and eligibility of
athletes, which would expedite the review.
"This review is the result, in part, of concerns developed in recent
litigation,” Duff said. “As a consequence, the Report -- although an
independent analysis -- is not a public document because the
examination was sought and delivered in the context of an
attorney-client communication.”
An
executive summary of the Report that does not contain privileged
information or analysis supporting the Report, nor waive any
attorney-client privilege, can be found online by selecting “Executive
Summary” in the Tools & Resources box above.
The
Report concludes that the procedures provided in NCAA enforcement,
hearing, appeals, and waiver and reinstatement proceedings compare
favorably with federal, administrative and state court process.
Although the Supreme Court of the United States has ruled that the NCAA
is not subject to due process requirements of the Constitution, the
NCAA nonetheless substantially abides by those requirements.
Baker,
Donelson, Bearman, Caldwell & Berkowitz, PC is one of the 100
largest law firms in the country. Through strategic acquisitions and mergers over the past century, the Firm has grown to include more than 440 attorneys, and public policy and international
advisors. Baker Donelson represents clients across the U.S. and abroad
from offices in Alabama, Georgia, Louisiana, Mississippi, Tennessee,
Washington, D.C., and a representative office in Beijing, China.
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