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Important implications for institutions: concussion-related policies and procedures

The purpose of this memo is to announce the final approval and effective date of the class settlement agreement for the medical monitoring portion of Arrington v. NCAA, which has implications for member institutions and their concussion-related policies and procedures. This content is provided for informational purposes only and should not be construed as legal advice or a substitute for legal advice. We encourage you to review the content with applicable legal and other advisors and school staff who might assist you in appropriately evaluating this information as it applies to your individual institutional risk and practices.

Earlier this week, a memo was sent from the NCAA Office of Legal Affairs to the general counsel of each member institution or, at institutions where counsel has not been identified, the president/chancellor. That memo is available for review here. The purpose of that memo was to notify campus risk management staff of the established effective date of the settlement agreement for Arrington v. NCAA, and to urge timely institutional review of the terms of this settlement. 

Certifications must be submitted by May 18, 2020

The settlement agreement provides NCAA member institutions with an opportunity to benefit from a release from certain legal claims that might otherwise be brought by members of the settlement class. To benefit from the release, member institutions must certify in writing that they have put in place a concussion management plan that meets the requirements of Section IX.A. of the settlement agreement (described in the attached FAQ document). Certifications must be delivered to certain court-identified settlement representatives within six months of the settlement agreement effective date of November 18, 2019, which means schools will have to deliver their written certifications no later than May 18, 2020. Guidance on the certification process will be made available to the membership in early 2020.  

Go to FAQ document for details

As a companion to this memo, a Frequently Asked Questions document  has been provided to facilitate member institutions’ review of the settlement terms. Additional information and instructions will be provided by the NCAA national office in the coming months.

What should I do now?

In the meantime, institutions should begin a careful review of the settlement terms in conjunction with their general counsel and/or primary risk management staff. Additional questions may be submitted to the NCAA National Office via the Sport Science Institute atssi@ncaa.org.