Arbitration

Arbitration is a process available to both student-athletes and institutions to resolve disputes over College Sports Commission determinations. A neutral arbitrator hears each case through an expedited process, generally completed within 45 days, and the decision is final and binding. Separate rules and procedures apply to institutions and student-athletes.

Arbitration for Student-Athletes

Overview

A student-athlete who disagrees with a decision made by the CSC regarding that student-athlete can contest the CSC’s decision via the neutral arbitration process established by Article 6, Section 2 of the House settlement and NCAA Bylaw 23.3.

How to initiate

The student-athlete must complete the Form Demand for Arbitration and submit it to the CSC at arbitration@collegesportscommission.org. The arbitration must be initiated within 14 days of the student-athlete receiving notice of the CSC’s decision. If the student-athlete does not initiate arbitration within that timeframe, the CSC’s decision becomes final and binding.

Fees

Student-athletes do not have to pay any arbitration fees or expenses, regardless of whether they win or lose the arbitration. If a student-athlete chooses to be represented by legal counsel, the student-athlete is responsible for paying the attorneys’ fees and costs, unless the student-athlete’s college or university chooses to pay for such costs. If a student-athlete’s college or university pays a student-athlete’s attorneys’ fees and costs or otherwise contests the CSC’s decision, the college or university is responsible for paying the arbitrator’s fees and expenses for the arbitration.

Arbitrator

If a student-athlete initiates an arbitration, the arbitration will be conducted by a neutral arbitrator, who will be randomly selected from a panel of potential arbitrators that was pre-approved by both the House class counsel and defendants.

Timeline

Arbitrations are completed on an expedited basis, within 45 calendar days after the arbitration proceedings have commenced (which is based on the date a neutral arbitrator is appointed), unless the arbitrator determines there is good cause for extending the 45-day deadline.

Process & decision

In addition to meetings with the arbitrator, the arbitration may include the exchange of discovery – in other words, information exchanged by both sides related to the dispute – as well as the submission of written materials to the arbitrator and a one-day hearing before the arbitrator, which may involve witnesses. The arbitrator will issue a written, final decision within five days after the hearing ends, or five days after the final written materials are submitted by the parties if there is no hearing, unless the arbitrator determines there is good cause to extend that deadline.

The arbitrator will issue a written, final decision within seven days after the hearing ends, or seven days after the final written materials are submitted by the parties if there is no hearing, unless the arbitrator determines there is good cause to extend that deadline.

Penalties during arbitration

While the arbitration is ongoing, any discipline or penalty imposed in connection with the decision that is the subject of the arbitration will be paused until the arbitrator issues a final decision, unless the arbitrator decides otherwise based on good cause.

Finality

The arbitrator’s decision is final and binding for both the student-athlete and CSC.

Additional resources

For additional resources regarding the neutral arbitration process available to student-athletes, see Article 6, Section 2 of the House Settlement; NCAA Bylaw 23.3; and the Arbitration Rules and Procedures for Disputes with Student-Athletes Concerning CSC Determinations.

Arbitration for Institutions

Overview

Institutions may challenge any penalty determination made by the CSC against that institution via the neutral arbitration process established by Article 6, Section 2 of the House settlement and NCAA Bylaw 23.3. Such a challenge may include disputes with any factual findings made by the CSC underlying its penalty determination or the appropriateness of the penalty itself.

How to initiate

To initiate the arbitration process, the institution must submit a detailed Arbitration request to the CSC at arbitration@collegesportscommission.org, including a brief description of the dispute and determination subject to arbitration. The arbitration must be initiated within 14 days of the institution receiving notice of the CSC’s decision. If the institution does not initiate arbitration within that timeframe, the CSC’s decision becomes final and binding.

Fees

An institution that challenges a determination made by the CSC is responsible for paying the arbitrator’s reasonable fees and expenses for the proceedings related to the determination or penalties being challenged.

Arbitrator

Like the neutral arbitration process available to student-athletes, the arbitration will be conducted by a neutral arbitrator, who will be randomly selected from a panel of potential arbitrators that was pre-approved by both the House class counsel and defendants.

Timeline

Arbitrations are completed on an expedited basis, within 45 calendar days after the arbitration proceedings have commenced (which is based on the date a neutral arbitrator is appointed), unless the arbitrator determines there is good cause for extending the 45-day deadline.

Process & decision

The arbitration may consist of discovery, the written submission of materials to the arbitrator, and a final hearing before the arbitrator, which may take up to five days (unless the arbitrator finds good cause for a longer hearing). The institution and CSC may agree to waive the final hearing and submit the dispute to the arbitrator based on written submissions or other information, as agreed to by the parties. The arbitrator will issue a written, final decision within seven days after the hearing ends, or seven days after the final written materials are submitted by the parties if there is no hearing, unless the arbitrator determines there is good cause to extend that deadline.

Penalties during arbitration

While the arbitration is ongoing, any discipline or penalty imposed on the institution in connection with the decision that is the subject of the arbitration will be paused until the arbitrator issues a final decision, unless the arbitrator decides otherwise based on good cause.

Finality

The arbitrator’s decision is final and binding for both the institution and CSC.

Additional resources

For additional resources regarding the neutral arbitration process available to institutions, see Article 6, Section 2 of the House Settlement; NCAA Bylaw 23.3; and the Arbitration Rules and Procedures for Disputes with Member Institution Participants Concerning CSC Determinations.

FAQs

To initiate the arbitration process, the student-athlete must complete the Form Demand for Arbitration and submit it to the CSC at arbitration@collegesportscommission.org.

The arbitration must be initiated within 14 days of the student-athlete receiving notice of the CSC’s decision. If the student-athlete does not initiate arbitration within that timeframe, the CSC’s decision becomes final and binding.

Student-athletes and Institutions must initiate arbitration within 14 days of receiving notice of the decision. If they don’t initiate arbitration within that time frame, the decision becomes final and binding.

All arbitrations are completed on an expedited basis within 45 calendar days from the start of the process, unless the arbitrator decides to extend the deadline.

The arbitrator will issue a written decision within 5 days after the hearing ends – or after final written materials are submitted if there is no hearing – unless good cause is shown to extend the deadline.

During arbitration, enforcement of any discipline imposed in connection with the violation will be put on hold and student-athletes will remain eligible to practice and compete, unless the arbitrator decides otherwise.

Arbitrations are conducted by one neutral arbitrator selected randomly from a panel pre-approved by both the House class counsel and the defendants.

Yes. The arbitrator’s decision is final and binding for both the student-athlete and the College Sports Commission.

Student-athletes are not charged any arbitration fees or expenses, regardless of whether they win or lose the arbitration. If a student-athlete chooses to be represented by legal counsel, the student-athlete is responsible for paying the attorneys’ fees and costs, unless the student-athlete’s college or university chooses to pay for such costs.

Yes, schools may, but are not required to, pay for student-athletes’ attorneys’ fees and costs. If a school pays these fees, or otherwise contests the discipline of the student-athlete, the school will also be responsible for paying the arbitrator’s fees and expenses for the arbitration.