[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4117 Introduced in House (IH)]







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 afforded to all citizens.

    Be it enacted by the Senate and House of Representatives 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 subsection (f).''; 
        and
            (2) by adding at the end the following new subsection:
    ``(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 amateur sports rules, including 
        rules and legislation of the National Collegiate Athletic 
        Association, to ensure 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 following:
                    ``(A) The institution shall provide the student 
                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 retained 
                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 Athletic Association or a 
                member institution shall be afforded before any 
                enforcement actions are administered by the 
                institution.
                    ``(D) All hearings shall include the opportunity 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 legislation of 
                the National Collegiate Athletic Association for 
                amateur sports violations shall be clearly established 
                on the basis of specific standards and guidelines for 
                all possible infractions, including punishment or 
                restitution.
            ``(3) Exception.--This subsection does not apply to 
        disciplinary actions taken by a coach or college administrator 
        for violations of the institution's policy or conduct rules 
        that apply to the entire student body of the institution.''.
                                 <all>