Department of Education Reverses Policy on Equal NIL Payments for Male and Female Athletes: What This Means for Student Athletes

On Wednesday, the Department of Education announced a significant change regarding college athletes’ name, image, and likeness (NIL) payments. With a new president, Donald Trump, in office, the guidance that aimed to balance these payments between male and female athletes has been revoked.

This guidance was originally introduced under President Joe Biden on January 16 to ensure that NIL payments complied with Title IX, a law designed to promote gender equality in education and athletics. Craig Trainor, acting assistant secretary for civil rights, criticized the Biden administration’s approach. He argued that the previous guidance was overly complicated and lacked a solid legal basis, suggesting it mischaracterized NIL agreements as similar to financial aid, which Title IX governs.

The Office for Civil Rights had shared a nine-page fact sheet explaining how NIL payments should align with gender equity standards, treating these payments as part of a school’s athletic funding. It stated that schools must offer equal opportunities in their athletic programs and manage NIL agreements without discrimination.

Despite these intentions, most NIL funds currently flow to male athletes, particularly those involved in football and men’s basketball. With the rescinded guidance, schools can now focus their revenue-sharing models primarily on male athletes without needing to match those payments for female athletes. This change raises concerns about potential disparities in how athletes are compensated.

While NIL payments are not publicly disclosed, it’s undeniable that the financial landscape in college sports is shifting. The new guidance opens the door for schools to prioritize certain sports, potentially widening the gap in athletic funding and opportunities between male and female athletes.