DOE & Title IX requirements for school-provided NIL

Mwfan1921
Mon, 30 Jun 2025 13:30:35 +0000

movingtothebeach:

We have a few threads that sometimes mention this topic, but we don’t really discuss the monster in the athletics room these days: the settlement in NCAA v. House and the absolute chaos that this has unleashed around scholarships, roster spots and sizes, athletic department revenue and payouts, etc.

Another interesting development that I don’t think was posted elsewhere:

Eight female student-athletes filed an appeal to the 9th Circuit Court of Appeals on June 11 arguing that the back pay damages portion of the House settlement, recently approved by Judge Claudia Wilken, violates the gender discrimination provisions in Title IX.

In their appeal, the student-athletes contend that women would not receive their fair share of the $2.8 billion. They maintain that the calculation used to distribute the damages violates Title IX because female athletes would receive less money than football and men’s basketball players.

According to the terms of the final settlement, the damages are set to be distributed as follows:

90% to football and men’s basketball student-athletes at Power Five schools that competed between June 15, 2016, to September 15, 2024;

5% to women’s basketball student-athletes; and

5% to all remaining student-athletes.

How Can These Athletes Challenge the Settlement?

The athletes have standing to appeal because they previously filed objections to the proposed settlement. Notably, many of the objections that challenged the terms of the settlement were related to Title IX. Judge Wilken rejected those objections determining that the antitrust case had nothing to do with Title IX. However, she left the door open to possible future challenges based on Title IX relating to how future payments from schools to student would be made.

Full article here:

Fisher Phillips

Paused Payouts: Title IX Appeal Delays $2.8B NCAA Athlete Payments in House...

It didn’t take long for the first legal challenge attacking the game-changing House v. NCAA settlement agreement. Eight female student-athletes filed an appeal to the 9th Circuit Court of Appeals on…