Understanding Title IX: How NIL Payments Must Comply with Department of Education Regulations

On Thursday, the Department of Education announced that college athlete name, image, and likeness (NIL) deals need to follow Title IX rules. This means that both male and female athletes should earn similar revenue from these deals.

The Office for Civil Rights released a nine-page fact sheet to clarify how NIL opportunities relate to gender equity in athletics. It states that NIL payments count as part of a school’s financial aid for athletics. This includes payments from third-party organizations, which also must comply with Title IX standards.

Title IX is a law that ensures schools receiving federal funds provide equal athletic opportunities for all genders. The Office for Civil Rights emphasized that schools are still responsible for maintaining fairness in their athletic programs, even in NIL situations. If a school doesn’t provide equal benefits or opportunities related to NIL, they could be violating Title IX.

The guidance makes it clear that just because funds come from private sources does not excuse schools from treating all student-athletes fairly. NIL agreements might lead to imbalances that also require schools to honor Title IX rules.

Additionally, the report highlights the need for equal promotion of men’s and women’s sports. This includes the coverage of games, which can significantly influence NIL opportunities. If women’s games aren’t publicized as much or don’t occur during prime times, their athletes could miss out on potential deals.

Schools must ensure that both men’s and women’s teams receive similar visibility on their websites, social media, and promotional materials. If women’s teams don’t get the same attention, their athletes might struggle to attract NIL opportunities.

This is the first clear guidance from the Department of Education about how NIL payments connect to Title IX. As political leadership may change in the future, these guidelines could evolve.