Title IX memo puts a damper on schools’ plans to pay NIL money directly to athletes

NASHVILLE, Tenn. (AP) — Plans to have colleges pay athletes directly for their name, image and likeness would run afoul of Title IXthe Department of Education said in guidance released Thursday that adds more confusion to the changing landscape of college sports.

The nine-page memo of the Department’s Office of Civil Rights said zero money for athletes should be treated the same as sports financial aid, i.e. scholarships. It’s a stance that, if it remains in effect after President-elect Donald Trump takes office, could upend the plans many schools are making for next school year.

Under the terms of House Rulesa groundbreaking legal agreement expected to be approved this spring, universities will be able to pay athletes directly under a revenue-sharing plan that would see the largest schools distribute about $20.5 million each to athletes.

Many schools have publicly stated that the majority of that money will go to football and men’s basketball players, which the guidelines say would be a violation of Title IX.

“When a school provides athletic financial aid in forms other than scholarships or grants, including compensation for the use of a student-athlete’s NIL, such aid must also be made proportionally available to athletes male and female,” the memo said.

Enacted in 1972, Title IX requires schools to provide financial aid proportional to the number of students of each gender who play a sport on campus. It also calls for schools to offer the opportunity to play varsity sports in proportion to the gender distribution on campus.

NCAA Board of Directors Chairwoman Linda Livingstone said the association does not provide guidance to schools on Title IX compliance.

“We’re going to have to go back to our schools and see what the implications are,” said Livingstone, Baylor’s president.

Illinois athletic director Josh Whitman, who chairs the NCAA Division I council, said “the world has changed over and over again in the last six months.”

“We’ve been building plans on top of plans for some time now, and this is the most recent example of how we will take the advice under advisement and determine what changes, if any, we need to make to the project. strategies that we have developed,” he said.

The guidance was less clear on how money from third-party collectives closely affiliated with schools would be treated. The memo said these payments, which are standard but expected to be reduced under the new rules, were not considered financial assistance.

But, according to the guidance, “it is possible that NIL agreements between student-athletes and third parties could create similar disparities and therefore trigger a school’s Title IX obligations.”

David Ridpath, former president of the Drake Group, an NCAA watchdog, called the memo “not surprising and very much within the law.”

“There was always the question of how Title IX applied to NIL. Now there’s just more guidance,” he said. “It’s basically following the law pretty much as it’s always been written.”

Although the government has the power to crack down on schools that violate Title IX standards, these actions typically come from athletes suing schools, alleging they violated the law.

There is one such lawsuit involving more than two dozen female athletes suing the University of Oregon.

The plaintiffs’ attorney, Arthur Bryant, said the fact sheet supports their claims.

“This clearly shows that our approach in the Title IX lawsuit is correct and strengthens our case,” Bryant said. Sportico. “It also indicates that the proposed settlement in House v. NCAA should not be approved.”

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Mumphrey reported from Phoenix.

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