NASHVILLE, Tenn. (AP) — The U.S. Department of Education has advised that colleges paying athletes for their name, image, and likeness (NIL) could violate Title IX. This guidance, issued recently, adds to the ongoing changes in college sports.
The memo from the Office for Civil Rights states that NIL payments should be treated like athletic scholarships. This could disrupt plans many schools have for the upcoming academic year, especially if the guidance remains in effect after the new president takes office.
According to an anticipated legal agreement, universities may start paying athletes directly, with larger institutions expected to distribute about $20.5 million each. However, schools have indicated that most of this funding would benefit football and men’s basketball players. The new guidance suggests this approach would breach Title IX.
Title IX, enacted in 1972, mandates that financial aid must reflect the gender ratio of student-athletes at the institution. It also requires schools to ensure equal opportunities for male and female athletes.
NCAA chair Linda Livingstone mentioned that the organization does not provide specific guidance on Title IX compliance. She noted the need for schools to evaluate how this new information impacts their plans.
Illinois athletic director Josh Whitman highlighted the rapid changes in the sports landscape. He acknowledged that they’ll need to reassess their strategies in response to the latest developments.
The memo was somewhat vague regarding payments from third-party collectives tied to schools. While these payments traditionally are common, the guidance suggests they might not qualify as financial assistance. However, it warns that NIL deals with third parties might still lead to disparities that could raise Title IX issues.
David Ridpath, a former president of the Drake Group, stated that this clarification is consistent with existing laws. He believes that while the application of Title IX to NIL was uncertain, this memo provides much-needed clarity.
Though the government can take action against schools for Title IX violations, these usually arise from lawsuits filed by athletes. There is currently a lawsuit with over two dozen female athletes against the University of Oregon. Their attorney, Arthur Bryant, claims that this memo supports their case and suggests that the proposed settlement in the House v. NCAA lawsuit shouldn’t be approved.
