Colleges getting cozy with NIL collectives worries Title IX activists

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Colleges getting cozy with NIL collectives worries Title IX activists
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When Texas A&M’s 12th Man Foundation announced in February that it had launched the 12th Man+ Fund — a trailblazing idea in the NIL space to bring its...

After the NCAA memo about A&M, Texas and Texas Tech put on hold plans to strengthen connections with collectives.

Bjork said Texas A&M felt a responsibility to better support its athletes, similar to its efforts in other realms.“We support our athletes in every single endeavor — career planning, résumé building, indoctrination into college, college life, financial planning, mental health support, academic advising, academic tutoring,” he said.

The involvement could create problems, however, because once an NIL initiative falls under the umbrella of a school’s foundation, it can no longer choose to focus on specific teams. UTEP’s third-party collective, for example, seeks to raise money for men’s basketball.“You’ve got donors that are specifically interested and are contributing to support one program in particular, and they want their money to go to that program,” former TCU women’s basketball coach Raegan Pebley said.

Zimbalist said he believes Title IX violations already are occuring in the NIL space — even at universities with separate collectives run by third-party organizations.Advertisement Zimbalist wrote a letter on behalf of the Drake Group, a nonprofit that lobbies Congress about laws relating to college athletics, to ask the Office of Civil Rights for Title IX guidance as it pertains to NIL.

However, promotion for men’s and women’s programs in many athletic departments across the state already violated Title IX before NIL was passed. For example, it’s rare that Facebook ads and retweets for various program accounts are even between men’s and women’s programs, Dosh said.The issue of Title IX in NIL boils down to how the law is interpreted.

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