Arbitration Procedures for Institutions

Last Revised December 2025

Arbitration Rules and Procedures for Disputes with Member Institution Participants Concerning CSC Determinations¹

Pursuant to the settlement in In re: College Athlete NIL Litigation, No. 4:20-CV-03919 (N.D. Cal.) and the University Participant Agreement, any Member Institution (each a “Participant”) may challenge any penalty determination made by the College Sports Commission (“CSC”) with respect to Participant related to the Membership Rules (as defined in the University Participant Agreement), including any factual findings underlying the penalty and the appropriateness of the penalty itself. All such disputes shall be finally settled by arbitration administered in accordance with these rules and procedures (the “Rules and Procedures”). These Rules and Procedures may be modified by the CSC pursuant to the process set forth in Section 19, provided that the rules that shall apply to any arbitration commenced under these Rules and Procedures shall be those in effect at the time such arbitration is commenced.

1. Seat and Location of the Arbitration.
   1. The seat of the arbitration shall be Fairfax County, Virginia. In the event that an arbitration is consolidated with an arbitration governed by the Arbitration Rules and Procedures for Disputes with Student Athletes Concerning CSC Determinations (the “Student-Athlete Arbitration Rules and Procedures”) pursuant to Section 16, then the seat of the arbitration shall be the seat as determined by the Student-Athlete Arbitration Rules and Procedures.
   2. Notwithstanding the foregoing, the parties may agree that the arbitration be conducted remotely. If either party objects to conducting the arbitration remotely, the hearing shall occur in person, at a location agreed by the parties or ordered by the Arbitrator (defined below).
2. Initiation of Arbitration; Deadline to Challenge CSC Determination; Automatic Stay.
   1. To initiate an arbitration under these Rules and Procedures, the initiating party (“Claimant” or “Claimants”) shall provide written notice of any claims by submitting the Form Demand for Arbitration. The responding party (“Respondent”) is under no obligation to serve a response denying such claims, as all claims are deemed denied by Respondent.
   2. Unless a party initiates such arbitration within fourteen (14) calendar days of notice of the determination made by CSC, such determination by CSC shall become final and binding as to such party.
3. Arbitrator Pool Selection.
   1. Initially, the pool of arbitrators (the “Arbitrator Pool”) that is appointed pursuant to the Student-Athlete Rules Arbitration Rules and Procedures shall be the same Arbitrator Pool maintained with respect to these Rules and Procedures.
   2. Initially, the “Notice Arbitrator” that is appointed pursuant to the Student-Athlete Arbitration Rules and Procedures shall be the same Notice Arbitrator for the purposes of arbitrations under these Rules and Procedures. The Notice Arbitrator shall, to the extent practicable, assign disputes among the Arbitrator Pool in a rotational manner such that Arbitrators are assigned a roughly equivalent number of disputes, subject to their availability and/or any conflicts.
4. Appointment of Arbitrator for Specific Disputes.
   1. Arbitrations shall be conducted by one neutral arbitrator (“Arbitrator”), whose decision shall, to the fullest extent permitted by applicable law, be final and binding on the parties to the arbitration.
   2. The Notice Arbitrator shall appoint an Arbitrator from the Arbitrator Pool. If no arbitrator from the Arbitrator Pool is available to timely hear and resolve a specific dispute, the Notice Arbitrator shall promptly notify the parties. In that case, the parties shall either agree within two (2) days to an Arbitrator to serve as the “ad hoc” (non-Arbitrator Pool) Arbitrator to hear the dispute, or the parties shall request that JAMS promptly appoint, from its panel of neutral arbitrators in its Sports Law Practice Group, a non-conflicted arbitrator who is an attorney and who is immediately available to serve as an ad hoc (non-Arbitrator Pool) Arbitrator to preside over the dispute.
   3. Upon consent of all parties to the arbitration, the parties may elect to conduct the arbitration before three (3) neutral arbitrators, who shall be appointed pursuant to the same selection method in the case of a single Arbitrator. For purposes of these Rules and Procedures, references to “Arbitrator” shall include and refer to any three-arbitrator tribunal.
5. Arbitrator Conduct.
   1. The Arbitrator shall be guided by the JAMS Arbitrators Ethics Guidelines (the “Ethics Guidelines”). Consistent with the Ethics Guidelines, the Arbitrator may not discuss any arbitration proceeding with any person not involved directly in the Arbitration, including other members of the Arbitrator Pool who are not appointed to adjudicate the arbitration.
   2. Members of the Arbitration Pool shall make a disclosure of any actual or potential conflict of interest or relationship or other information, of which the Arbitrator is aware, that reasonably could lead a party to question the Arbitrator’s impartiality. Consistent with the Ethics Guidelines, the obligation to make such disclosures is continuing. Upon appointment by the Notice Arbitrator and identification of the Member Institution, the Arbitrator’s obligation to disclose shall include, among any other actual or potential conflict of interest, any (i) college or university attended by the Arbitrator; (ii) college or university to which the Arbitrator has paid or otherwise contributed tuition; and (iii) college or university to which the Arbitrator has made donations or provided any other financial or non-financial support.
   3. In the event of a disclosure that a party perceives may be an actual or potential conflict of interest, such party may object to the appointment of the Arbitrator within three (3) days of receiving the disclosure. The non-objecting party may agree to the appointment of a different Arbitrator or otherwise oppose the objection within two (2) days. The Notice Arbitrator shall resolve any dispute regarding the appointment of an Arbitrator based on the submissions by the parties.
6. Commencement of Arbitration. The arbitration will be deemed commenced upon appointment of the Arbitrator.
7. Discovery in Arbitration.
   1. The Arbitrator may, in an appropriate case, order the production of documents that are determined to be necessary for a fair adjudication of the dispute. In making any determinations with respect to the appropriate scope of the production of documents, the Arbitrator shall be guided by Rule 26(b) (except for Rules 26(b)(2)(A) and 26(b)(4)) of the Federal Rules of Civil Procedure.
   2. Discovery beyond the production of documents, including the taking of depositions, generally shall not be permitted.
   3. The parties shall be permitted to seek discovery of third parties, as permitted by 9 U.S.C. § 7 upon application to the Arbitrator, who may issue such arbitral summons as the Arbitrator deems necessary and appropriate for the efficient resolution of the arbitration, taking into account all relevant circumstances, the needs of the particular case, and the 45-day expedited schedule contemplated under the arbitration process as set forth in Article 6, Section 2(d) of the Settlement Agreement. For purposes of summoning any person to attend a hearing as a witness or bring with them any book, record, document or paper that may be deemed material as evidence in the case pursuant to 9 U.S.C. § 7, the Arbitrator may, in its discretion, convene such hearing either in-person or remotely in any location, and notwithstanding Section 1, shall be deemed to be sitting in such location solely for that purpose.
8. Procedural Timetable. The Model Procedural Timetable attached hereto will provide general guidance on scheduling within the parameters of the default 45-day timeline (which may be extended where the Arbitrator finds good cause). The parties may also grant between themselves short extensions of time, on the basis of mutual courtesy, as long as they do not materially affect the remainder of deadlines agreed by the parties and the Arbitrator is informed.
9. Arbitration Hearing.
   1. The hearing shall last no longer than five (5) calendar days, unless the Arbitrator finds there is good cause for an extended hearing. The parties to the arbitration may agree to waive the hearing and submit the dispute to the Arbitrator for an award based on written submissions and other evidence as the parties may agree. The hearing may proceed in the absence of a party who was afforded input and flexibility on the hearing date and location, and after receiving notice of the hearing date and location, fails to be present without good cause or fails to obtain an adjournment by mutual agreement or from the Arbitrator for good cause shown.
   2. Witnesses may be called at the hearing and the parties may be represented by counsel of their choice at their own expense. The Arbitrator shall require witnesses to testify under oath if requested by any Party, or otherwise at the discretion of the Arbitrator. Notwithstanding anything to the contrary in these Rules and Procedures, the Arbitrator has discretion to limit the number of witnesses that are called at the hearing or the duration of their testimony, including discretion to determine that no witnesses shall testify at the hearing, provided that all parties are afforded the opportunity to present evidence pertinent and material to the controversy. The Arbitrator also has discretion to require sequestration of any witness or witnesses during the testimony of other witnesses.
   3. The Arbitrator shall have discretion to determine the propriety of attendance at the hearing by persons who are not a party, nor an attorney of a party, to the hearing.
   4. The Arbitrator shall not be bound by the Federal Rules of Evidence, except that the Arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator shall consider evidence that he or she finds relevant and material to the dispute, giving the evidence such weight as the Arbitrator deems appropriate. With regard to final and interim decisions of other arbitrations, the Arbitrator may consider for their persuasive value only those decisions that are provided by the parties to the arbitration.
   5. All evidence must be taken in the presence of all parties, unless a party is absent in default or has waived their right to be present. In the event any party or other person submits evidence to the Arbitrator ex parte in violation of this rule, the Arbitrator shall disclose that fact, and the evidence submitted, to all parties to the arbitration.
   6. Any party may arrange for a stenographic record to be made of the hearing and shall inform the other parties in advance of the hearing. No other means of recording the proceedings shall be permitted absent agreement of the parties or by direction of the Arbitrator. The requesting party shall bear the cost of such stenographic record. If all other parties agree to share the cost of the stenographic record, it shall be made available to the Arbitrator and may be used in the proceeding.
   7. Nothing herein is intended to limit the Arbitrator’s inherent authority to conduct the arbitration in a manner that provides a fair, efficient, and expeditious resolution of the parties’ dispute, consistent with the terms of the Settlement Agreement.
10. Applicable Law; Burden of Proof.
    1. The Arbitrator shall rule on the dispute by applying the National Collegiate Athletic Association (“NCAA”) rules and regulations (“NCAA Rules”) affirmed, revised, or created pursuant to the Settlement Agreement, and/or the Membership Rules as defined and set forth in the University Participant Agreement. The Arbitrator may additionally apply federal common law. No provision of these Arbitration Rules and Procedures or the agreement to arbitrate is intended to or should have the effect of nullifying substantive federal law.
    2. The burden will be on Claimant to show that the CSC’s penalty determination should be overturned or modified. To the extent Claimant disagrees with any determination of fact made by CSC, Claimant must prove its factual allegations by a preponderance of the evidence.
    3. Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which arbitration is sought, shall be submitted to and ruled on by the Arbitrator. The Arbitrator has the authority to determine jurisdiction and arbitrability issues.
    4. The Arbitrator shall not be empowered to add to, or detract from, the terms of the Settlement Agreement.
11. Final Award or Other Final Disposition.
    1. The Arbitrator shall decide whether the CSC correctly determined that NCAA Rules and/or the Membership Rules (as defined in the University Participant Agreement) were violated, and/or whether the penalty imposed by CSC was appropriate. The Arbitrator may also grant any other such relief as the Arbitrator deems just and proper, including the ability to reduce or otherwise adjust a penalty imposed by the CSC.
    2. The Arbitrator shall promptly issue a written decision embodying his or her decision (the “Final Award”). The Final Award shall be rendered within seven (7) calendar days after the date of the close of the hearing, or if a hearing has been waived or the parties agree to submit post-hearing memoranda, within seven (7) calendar days after receipt of the final written submission. The time to render an award may only be extended for good cause shown. The Final Award rendered by the Arbitrator shall be final and binding on the parties. Judgment on the Final Award may be entered in any court of competent jurisdiction.
    3. Notwithstanding anything to the contrary in these Rules and Procedures, the parties to an arbitration may settle their dispute by mutual agreement, or the Claimant may voluntarily discontinue the case before an award is rendered. In the event parties to the arbitration notify the Arbitrator that they have settled the matter (or a portion thereof), or a Claimant notifies the Arbitrator that he or she wishes to discontinue his or her claims, the Arbitrator shall dismiss the arbitration (or such claims, if the settlement or discontinuance does not resolve the entire arbitration) with prejudice, and no award shall be rendered in such arbitration (or with respect to such claims).
12. Time Limits. All arbitrations shall be completed on an expedited basis, but in no more than forty-five (45) calendar days after the commencement of proceedings unless the Arbitrator finds good cause for having a longer schedule. Failure to adhere to this time limit in instances where the Arbitrator finds good cause as set forth in Section 8 above shall not be a basis for challenging the award.
13. Arbitration Administration. The parties may agree to utilize JAMS, or any other such arbitral institution as the parties may agree, to administer any arbitration under these Rules and Procedures.
14. Arbitration Costs and Fees. Each party shall bear its own costs and fees of the arbitration during the proceeding. A Member Institution that challenges a determination made by the CSC, including imposition of discipline on the Member Institution, shall pay the Arbitrator’s reasonable fees and expenses for proceedings related to the determination or penalties being challenged.
15. Provisional Remedies. The parties waive and forgo any and all rights to seek relief before a court of competent jurisdiction to issue any form of provisional remedy, including but not limited to a preliminary injunction or attachment in aid of arbitration, or any interim or conservatory measure. The parties agree to rely on the Arbitrator’s power and authority to grant any interim measures or provisional relief. Nothing in this section shall prevent a party from seeking post-award relief pursuant to the Federal Arbitration Act, Title 9 United States Code.
16. Consolidation.
    1. Consolidation of two or more cases under these Rules and Procedures: Any party to an arbitration hereunder may ask the Arbitrator to consolidate the proceeding with another arbitration or arbitrations under these Rules and Procedures where consolidation would serve the interests of justice and efficiency. Consolidation will not occur amongst arbitrations unless the Arbitrator presiding over each such arbitration so orders. In the event of consolidation, the Notice Arbitrator will decide which Arbitrator will preside over the consolidated arbitration.
    2. Consolidation in connection with the Student Athlete Arbitration Rules and Procedures: The CSC shall also have the right, in its sole discretion, to consolidate an arbitration under these Rules and Procedures into any arbitration proceeding under the Student Athlete Arbitration Rules and Procedures. In such consolidated proceeding, the Student-Athlete Arbitration Rules and Procedures shall apply to the student-athlete, and these Rules and Procedures shall apply to the Participant, except to the extent that there is a conflict, in which case the Student-Athlete Arbitration Rules and Procedures shall apply. A student-athlete may object to such consolidation, in which case Paragraph 15 of the Student-Athlete Arbitration Rules and Procedures applies, and consolidation will not occur amongst the arbitrations unless the Arbitrator presiding over each such arbitration so orders. In the event that a majority decision is not reached between two or more Arbitrators, then the Notice Arbitrator shall determine whether to consolidate the cases.
17. Confidentiality. Except as may be required by applicable law or court order, the parties agree to maintain confidentiality as to the arbitration proceedings, including with respect to any discovery and written submissions, except that the Final Award shall not be confidential unless otherwise ordered by the Arbitrator, and the CSC may make a public statement announcing the Final Award. Furthermore, nothing herein shall prevent any party from disclosing the existence of the arbitration or any information regarding such arbitration for purposes of proceedings to enforce this agreement to arbitrate or any award issues thereto. The parties additionally agree that any personally identifiable information regarding any student-athlete or deal that is not a party to, or the subject matter of, the arbitration may be redacted or submitted in summary form, or subject to any further confidentiality restrictions as agreed by the parties or ordered by the Arbitrator, in order to protect the confidential information of individuals or entities not party to the dispute. If information relating to an arbitration proceeding becomes public through a source other than the CSC, the CSC shall be permitted to issue a public statement addressing the information.
18. Application of Federal Arbitration Act. Notwithstanding anything to the contrary herein, the arbitration provisions set forth herein, and any arbitration conducted thereunder, shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or municipal law of arbitration.
19. Modification of Rules and Procedures. The CSC may modify these Rules and Procedures, provided that the Participants shall be provided with a written copy of such proposed modifications and the opportunity to comment, which shall be considered by the CSC prior to finalizing any changes to the Rules and Procedures.
20. Severability. If any part of these Rules and Procedures is ruled invalid, that part may be severed from this agreement and the rest enforced.
21. No Construction Against Drafter. These Rules and Procedures shall be construed without regard to any interpretative principle of construing a contract against the drafter.

¹ Any capitalized terms not otherwise defined herein shall have the same meaning ascribed to them as in the Fourth Amended Stipulation and Settlement Agreement, In re: College Athlete NIL Litigation, No. 4:20-CV-03919 (N.D. Cal. May 7, 2025) [ECF No. 958-1, Ex. 1] (“Settlement Agreement”).

Member Institution Participant Arbitration Rules and Procedures

Model Procedural Timetable²

² All dates may be subject to minor adjustments as required to avoid holidays or other commitments by counsel or the Arbitrator.

³ The parties shall meet and confer in a good faith effort to resolve consensually any dispute relating to Documents Requests and document production, including regarding search terms and/or custodians, prior to submitting any such dispute to the Arbitrator.