NCAA Rules Enforcement After U.S. Department of Education v. NCAA: Will There Be a Chilling Effect on the Self-Reporting of Violations?

Abstract

(5 Willamette Sports L.J. 34 (2008)). This article discusses US Department of Education v. NCAA. In that 7th Circuit case, the Court affirmed a district court’s decision holding that the NCAA was not entitled to a protective order for information requested by a Department of Education (DoE) subpoena, including the identity of whistleblowers. The court found that the NCAA’s burden of compliance was speculative and outweighed by the government’s investigative needs. The court thereby jeopardized the confidentiality of NCAA internal sources, potentially disrupting the NCAA’s ability to conduct internal investigations of violations by member institutions. The article first summarizes the case. It then questions whether the NCAA was requesting the court to create a new area of privilege. It argues that the NCAA merely asked for protections warranted under existing law. Finally, the article discusses consequences of the decision, including a possible chilling effect on self-reporting of NCAA violations by member-institutions.