CONDITION OF MEMBERSHIP – MANDATORY BINDING ARBITRATION

ACTION ITEM.

a. Recommendation. Adopt noncontroversial legislation to require NCAA active members, member conferences, provisional or affiliate members, as a condition of membership, to be subject to mandatory binding arbitration of claims arising under federal law against the NCAA, its officers, employees and agents. Further, to require all member conferences and affiliated members to be subject to mandatory binding arbitration under state law.

b. Rationale. Excerpt from August 2003 NCAA Executive Committee minutes:

Litigation Update. The Committee received a report from the NCAA general counsel regarding current litigation and settlement actions.  The Committee discussed mandatory binding arbitration of NCAA member claims against the NCAA.

It was VOTED:

“To refer the issue to divisional Management Councils:

“a. To consider legislation to require as a condition of membership, all members including exploratory and provisional, mandatory binding arbitration of claims arising under federal law;

“b. To consider legislation to require all member conferences and affiliated members be subject to mandatory binding arbitration of claims arising under state law; and

“c. To report back the Executive Committee at its April 2004 meeting.”