Pro Sports Leagues Violate Players’ Due Process Rights, UT Study Finds

Cecilio Domínguez, Austin FC player at right, was removed from the team without arbitration after reports of a domestic disturbance between him and his former partner (photo by Jana Birchum)

After three years of research, a 98-page report from UT-Austin's law school, published this February, rings alarm bells about the way the United States' five major professional sports leagues handle player misconduct.

UT Human Rights Clinic researchers describe several ways the leagues may violate a player's right to due process, which is protected by the constitution and international human rights law. "Many players on Austin FC's developmental team don't have access to the arbitration system," professor Ariel Dulitzky, director of the clinic, told the Chronicle. For example, AFC player Cecilio Domínguez lost his contract with Austin FC in July 2022 after accusations of a domestic dispute with his partner, though he was not charged with a crime. Dulitzky pointed out that he did not have the option to file a complaint with the MLS nor go to arbitration, a private dispute resolution procedure used instead of going to court. Players generally have access to arbitration with a few exceptions – former players in all leagues are excluded from going to arbitration for injuries suffered during their pro careers, and some leagues exclude rookies from arbitration.

Dulitzky, leading law students who designed the report and conducted interviews for it, said he and his clinic are calling on the leagues, players associations, and players to adopt a human rights framework into their respective constitutions and explicitly explain their processes for handling off-field misconduct. They also recommend incorporating due diligence by including a data monitoring and collection plan to see how social issues are identified.

"Our report identifies arbitration as the main mechanism to deal with professional sport disputes because it's a specialized system and a fast system that is not so expensive," said Dulitzky. "Implementing a human rights approach into governing documents, Austin FC would belong to a league that offers these same effective remedies without jeopardizing their players' human rights."