The Potential Role of the U.S. Department of Education in Reforming Due Process in the NCAA

By Joshua J. Despain   After recent investigations at Pennsylvania State University, the University of Miami, and many other highly criticized NCAA actions, it is easy for critics to point out that the NCAA’s so-called “overreaching and unlawful” mistakes are not isolated incidents. An attorney familiar with NCAA enforcement said the problems with the Miami investigation defy the “basic understanding that there is a notion of due process to an N.C.A.A. investigation.” But the U.S.