The Department of Education’s Office for Civil Rights released guidance Thursday regarding name, image, and likeness (NIL) pay and its compliance with federal Title IX regulations.
The office issued its guidelines in a nine-page memo stating that athletic programs must offer equal opportunity regardless of gender.
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The memo stated that compensation by a school to student-athletes NIL is considered “athletic financial assistance” under Title IX “because athletic financial assistance includes any financial assistance and other assistance provided by the school to a student-athlete who is associated with a student’s athletic participation is not limited to scholarships or grants.”
“However, OCR has long recognized that a school has obligations under Title IX when funding from private sources, including private donations and funds raised by booster clubs, creates disparities based on gender in a school’s athletic program or program component,” the memo said . “The fact that funds are provided by a private source does not relieve a school of its responsibility to treat all of its student-athletes in a nondiscriminatory manner.
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“It is possible that NIL agreements between student-athletes and third parties will create similar inequities and therefore trigger a school’s Title IX obligations. Because these NIL agreements vary widely and continue to evolve, and because the application of Sec. IX’s equal athletic opportunity requirement is a fact-specific inquiry, this fact sheet does not provide specific guidance on Title IX’s application in connection with compensation provided for use of a student athlete’s NIL by a third party, including a NIL collective.”
Miguel Cardona is education secretary in President Biden’s administration, but he will be out when President-elect Trump takes office on January 20.
The guidelines may change under the Trump administration.
