The U.S. Department of Education's Office for Civil Rights has released guidance stating that colleges must provide equal opportunities for athletic financial assistance to male and female student-athletes. This includes considering NIL agreements and disparities in benefits, but it clarifies that third-party NIL compensation is not considered athletic financial assistance. The guidance comes amid a lawsuit alleging Title IX violations at the University of Oregon.
The U.S. Department of Education’s Office for Civil Rights released guidance Thursday that says colleges and universities must make financial assistance fundsThe OCR enforces Title IX, which prohibits sex-based discrimination by schools and the programs that receive federal financial assistance. This means schools are required to provide equal opportunity to all student-athletes through access to benefits, opportunities, treatment, financial assistance and scholarship, and accommodations.
The regulation does not require that male and female student-athletes are given the same number of awards or that awards are of the same value. Instead, the agency says it will assess "whether the total amount of athletic financial assistance made available by the school to men and women is substantially proportionate to the number of students of each sex participating in interscholastic or intercollegiate athletics at that school.
It is unclear how this will impact how schools navigate NIL compensation and sports representation. The vast majority of NIL profits favor football and men's basketball, according to research from, which shares the parent company Disney with ABC News, found that most of the Power 5 athletic departments disproportionately posted men's teams on social media more than women's.
In the complaint, the athletes argued that male student-athletes received benefits such as: “state-of-the-art, personalized gear and equipment in seemingly endless quantities; preferential scheduling for training, practices, and games; chartered flights to away games; hotel stays before home games ...
TITLE IX NIL COLLEGE ATHLETICS EQUITY DISCRIMINATION
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