By Madeline Folsom on SwimSwam
One of the biggest gaps in the new world of NIL was the Title IX standards and whether the new money flooding to athletes would be subject to the same gender-equity compliance as other things like facilities, roster spots, and scholarships. The Office of Civil Rights (OCR) in the Department of Education announced today that NIL pay is subject to Title IX standards, which sends a chill through NIL planning ahead of a crucial legal deadline.
The DOE released a fact sheet providing the first formal information on NIL and revenue sharing, confirming these will be subject to Title IX standards. This sheet clarified that money paid to athletes under ‘NIL’ umbrellas need to be considered the same as athletic scholarships in regard to gender-equity, regardless of if the money is coming directly from the school.
This document comes after thirty-two University of Oregon student-athletes brought a lawsuit against the school for “depriving its female student-athletes of equal treatment, equal athletic financial aid, and equal opportunities to participate in varsity athletics in violation of Title IX.” One of their primary complaints is the near-constant publicity the male sports, primarily football and basketball, receive and how this gives them increased opportunity for NIL deals.
The OCR document directly addresses this issue in their sheet, stating:
“A school’s obligation to provide equivalent publicity based on sex continues to apply in the context of NIL. For example, if a school is not providing equivalent coverage for women’s teams and student-athletes on its website, in its social media postings, or in its publicity materials, these student-athletes may be less likely to attract and secure NIL opportunities. In addition, if a school is publicizing student-athletes for the purposes of obtaining NIL opportunities, OCR would examine whether the school is providing equivalent publicity for male and female student-athletes.”
OCR specifically discusses NIL deals from the school and from outside entities. The fourth section of the sheet focuses on schools, saying “When a school provides athletic financial assistance in forms other than scholarships or grants, including compensation for the use of a student-athlete’s NIL, such assistance also must be made proportionately available to male and female athletes”
The document also discussed payments from booster-clubs, NIL collectives, and other donors, emphasizing that these types of payments are not exempt from Title IX standards simply because they aren’t coming from the school. “The fact that funds are provided by a private source does not relieve a school of its responsibility to treat all of its student-athletes in a nondiscriminatory manner.”
Read the full document from OCR here.
The release comes two weeks before settlement objections in the House vs NCAA case are due, and the lead attorney in the Oregon case, Arthur Bryant, told Sportico the sheet “makes clear our approach in the Title IX lawsuit is correct and strengthens our case. It also signals that the proposed settlement in House v. NCAA should not be approved.”
Read the full story on SwimSwam: All NIL Payments Must Comply With Title IX Standards