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This is why NIL's won't all be brought in-house - Title IX doesn't apply, says new Trump/DOE ruling

mthoopsfan

Well-known member
"NIL money is fundamentally different from financial aid. To treat the two the same would be stretching Title IX beyond its intended scope. That said, colleges still bear responsibility for ensuring that male and female athletes have equal opportunities to cash in.

The [Biden] administration originally argued that NIL money facilitated by schools should be distributed in proportion to male and female athletes, much like scholarships and financial aid. That argument, while rooted in a genuine desire to ensure gender equality in college sports, was legally weak. Title IX is designed to ensure that schools provide equal opportunities for male and female athletes, not to regulate individual earnings in a free market.

And the very nature of NIL means that the compensation comes from third parties — brands, businesses and booster collectives — not from the schools themselves.

This leaves female athletes in a position where market forces, rather than federal law, determine their earning potential. The reality is that NIL earnings are overwhelmingly dominated by male athletes, particularly those in revenue-generating sports. The top earners are almost exclusively football and men’s basketball players, with a handful of female athletes — such as LSU’s Angel Reese or former UConn star Paige Bueckers — breaking through. This isn’t necessarily because female athletes aren’t marketable; rather, it’s a reflection of which sports drive the most attention, media coverage and commercial interest.

Does this mean schools have no responsibility to address the disparity? Absolutely not. Colleges need to step up in a major way to ensure that female athletes have the same opportunities as their male counterparts to capitalize on NIL deals.
The Department of Education made the right call in ruling that Title IX does not apply to NIL payments, but colleges still have a moral obligation to ensure that every athlete — male or female — has an equal shot at success in this new financial landscape."

Why Title IX doesn’t apply in lucrative college sports deals
Where does this leave female athletes? Unfortunately, it leaves them in a position where market forces, rather than federal law, determine their earning potential.
Read in The Hill: https://apple.news/AItK3UnuLQd6DoFeZAa8-OA
 
What about revenue sharing or whatever it is where schools can start paying players? I assume that will be governed by title IX?
 
Why Title IX doesn’t apply in lucrative college sports deals
Where does this leave female athletes? Unfortunately, it leaves them in a position where market forces, rather than federal law, determine their earning potential.
Read in The Hill: https://apple.news/AItK3UnuLQd6DoFeZAa8-OA
Hoops, as pointed out... not a great situation for women's athletes and the "other sports".

The proposed damages class will distribute $2.567 billion over 10 years to men and women who were college athletes between June 15, 2016, and Sept. 15, 2024. The proposed allocation is incredibly one-sided: 90% of the money will go to men’s football and basketball players, 5% will go to women’s basketball players, and 5% will go to men and women on other teams.

The proposed injunctive relief class will change certain NCAA rules for all Division I athletes for 10 years, permit some third-party NIL payments, provide for enforcement of some NIL-related rules, allow schools to share up to $21 million annually with their athletes, and replace scholarship limits with roster limits (often smaller than current roster sizes).

 
I agree with the title of the above article. And how can small schools be forced to pay what they are required to pay?

I think it’s Kent’s fallback, answer but it applies here. It’s for access to championships. At least while the NCAA exists. Nothing more, nothing less. Fair or not.
 
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