23 Designated Enforcement Entity and Neutral Arbitration Process

23.01 General Principle.

23.01.1 Enforcement Authority. An institution that is a member of a defendant conference in the House settlement or an institution that provides additional benefits contemplated by the settlement agrees that the designated enforcement entity has the authority to investigate an alleged violation of an NCAA bylaw developed as a part of the House settlement, pursuant to the standards and procedures set forth in this bylaw and any applicable internal operating procedures.

23.02 Definitions and Applications.

23.02.1 Designated Enforcement Entity. The designated enforcement entity is the entity responsible for enforcement of NCAA bylaws adopted based on the House settlement (roster limits, provision of additional benefits, payments and expenses and noninstitutional name, image and likeness agreements) including investigating alleged violations, prescribing penalties for violation determinations, and serving as the party seeking enforcement of any penalties contested through neutral arbitration.

23.02.2 Neutral Arbitration. Neutral arbitration is the independent process by which an institution or a student-athlete may contest a decision or penalties prescribed by the designated enforcement entity for a violation of the applicable rules.

23.02.3 Neutral Arbitrator. A neutral arbitrator is an individual who is authorized to resolve a dispute regarding decisions or penalties prescribed by the designated enforcement entity.   A neutral arbitrator’s decision shall be final and binding on the parties subject to the neutral arbitration.  A neutral arbitrator will be appointed and serve terms according to the terms of the House settlement agreement.

23.1 Negotiated Resolution.

23.1.1 Standard for Negotiated Resolution. If the institution, involved individuals, including student-athletes, and the designated enforcement entity agree, the parties shall submit a negotiated resolution for approval to the chief executive officer of the designated enforcement entity.

23.1.1.1 Timing of Negotiated Resolution. The institution, involved individuals and designated enforcement entity may submit a written agreement any time after the conclusion of the designated enforcement entity’s investigation.

23.1.2 Written Agreement. A negotiated resolution must contain the following:

(a) A description of the case, including the involvement of the parties included in the negotiated resolution;

(b) The agreed-upon violations;

(c) The agreed-upon penalties;

(d) Waiver of opportunity to contest the penalties through the neutral arbitration process or otherwise; and

(e) Other material terms of the agreement.

23.2 Penalties.

23.2.1 Authority to Impose Penalties. If the designated enforcement entity concludes that a violation of settlement related rules occurred, the chief executive officer of the designated enforcement entity has sole authority to prescribe one or more of the following penalties:

(a) Penalties for violations of roster limits;

(b) Penalties for violations of student-athlete benefits cap;

(c) Penalties for violations of third-party NIL agreements; and/or

(d) Penalties for other bylaws established pursuant to the settlement agreement.

23.3 Neutral Arbitration Process. An institution or student-athlete may use the neutral arbitration process to contest a decision of the designated enforcement entity.

23.3.1 Duration of Process. A neutral arbitrator shall reach a final written decision within 45 days from commencement of the proceedings. The neutral arbitrator may exceed 45 days based on good cause. The written decision shall be considered final and binding to the fullest extent permitted by applicable law.

23.3.1.1 Stay of Penalties. During the pendency of arbitration, any prescribed penalties are stayed. The presiding arbitrator, if good cause is shown, may lift a stay.

23.3.1.2 Student-Athlete Right to Counsel. A student-athlete who elects to use the neutral arbitration process has the right to be represented by counsel of the student-athlete’s choice. 

23.3.1.2.1 Institutional Support for Student-Athlete. An institution may pay for the attorney’s fees and costs of a student-athlete who elects to use the neutral arbitration process.

23.3.1.3 Authority of Neutral Arbitrator -- Document Production. In addition to the evidence made available by the designated enforcement entity, the presiding arbitrator may, as appropriate, order the production of additional documentation that is deemed to be necessary for the fair adjudication of the dispute.

23.3.1.4 Authority to Call Witnesses. In addition to the evidence made available by the designated enforcement entity, the presiding arbitrator may allow the parties to call witnesses during the arbitration process. Witnesses may be represented by counsel of their choice at their own expense.

23.3.2 Institutional Responsibility for Expenses. An institution that elects to use the neutral arbitration process is responsible for paying the arbitrator’s reasonable fees and expenses for the proceedings. If a student-athlete elects to use the neutral arbitration process, the student-athlete’s institution will be responsible for paying the fees and expenses related to the student-athlete’s proceedings.