Last Updated on June 10, 2021
I’m joined in this episode by Brian Kappel, a partner in Lightfoot, Franklin & White’s NCAA Compliance & Investigations practice group. Kappel is here to break down the NCAA’s new Independent Accountability Resolution Process (IARP).
The IARP is a group of lawyers, judges and arbitrators who operate separately from the NCAA to handle complex infractions cases. There are often significant disagreements between the involved institution and the NCAA’s enforcement staff.
Because of trial-like procedures involved in the work-up and presentation of IARP cases, the elevated stakes and penalties associated with the process, and the lack of an appellate remedy, it is critical that institutions and individuals going before the IARP understand what’s involved and approach it like a litigator, with an eye toward not only NCAA practice and precedent but also advocacy.
Kappel says institutions or individuals before the IARP should thoroughly understand the process and their role, as well as that of their counsel. This includes the best methods to assist or participate in fact gathering and any re-investigation done by the CCU, the drafting of early submissions to the IARP regarding procedural and dispositive rules interpretations questions, and hearing preparation.
Listen in as Brian shares how the IARP works, the types of cases making it into the system and the consequences of decisions made through this process.
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