The athlete pay system looming for college sports will bring questions about Title IX, the federal law that prohibits sex discrimination for schools that receive federal funds.
The looming athlete pay system that will upend the traditional college sports model and still-to-be-determined details about how millions of dollars will be distributed are certain to bring questions about gender equity.
Michael LeRoy, a University of Illinois labor and sports law professor, and Iliana Konidaris, a New York civil rights attorney, said Title IX rules will apply if the schools are tasked with directing payments to athletes. Another New York civil rights attorney, Christina Stylianou, said her first instinct is that Title IX would not apply because athletes would be essentially selling their media rights to their school. That said, Stylianou expects the Title IX question to be heavily litigated.The landmark 1972 law is intended to ensure equity between men and women in education.
If market value is heavily weighed when determining pay, he said, it would be a stretch to believe there would be a 50-50 split between male and female athletes. But, he said, there need to be provisions for women. “They’re going to have in the settlement the idea this isn’t employment,” LeRoy said. “Then what you’re doing is saying a multibillion-dollar industry called NCAA Athletics is going to be treated differently than any other business in America. You cannot have separate pay.”
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