I am certain this will be challenged, but the guidance put out states that NIL is included as part of Title IX.
Thursday’s document was chock full of critical lines that may trigger alarm and change in many school plans, if the Trump administration does not rescind it. For instance, the department classifies future revenue payment as “financial assistance,” which “must be made proportionately available to male and female athletes,” the document says.
“Schools remain responsible for ensuring that they are offering equal athletic opportunities in their athletic programs, including in the NIL context,” the guidance says. “A school may violate Title IX if the school fails to provide equivalent benefits, opportunities and treatment in the components of the school’s athletic program that relate to NIL activities.”
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One of the more jarring portions of the guidance is related to these entities, targeting NIL compensation from some third parties, specifically those affiliated with boosters: “The fact that funds are provided by a private source does not relieve a school of its responsibility” for Title IX compliance, it says.
I am certainly not a legal expert, but I am not sure how they can legally require the school to control boosters... then again the House settlement is suggesting that a clearing house would review all 3rd party NIL, but I also question the legality of that.
The outgoing administration's Department of Education dropped an 11th-hour salvo saying any payments must be “proportionately” distributed to men and women athletes to satisfy Title IX.
sports.yahoo.com