The Department of Education’s Office for Civil Rights issued guidance Thursday regarding name, image, and likeness (NIL) compensation and its compliance with federal Title IX rules.
The office released its guidelines in a nine-page memo stating that athletic programs must provide equal opportunity regardless of gender.
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The memo stated that compensation by a school for NIL student-athletes is considered “athletic financial aid” under Title IX “because athletic financial aid includes any financial aid and other assistance provided by the school to a student-athlete that is related to 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 the gender in a school’s athletic program or component of the program,” the memo states. “The fact that funds come from a private source does not absolve a school of its responsibility to treat all of its student-athletes in a non-discriminatory manner.
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“It is possible that NIL agreements between student-athletes and third parties create similar disparities and therefore trigger a school’s obligations under Title IX. Because these NIL agreements vary widely and continue to evolve and because the enforcement of the equal athletic opportunity requirements of Title IX is a fact-based inquiry, this fact sheet does not offer specific guidance on the application of Title IX in the context of compensation provided for use of the NIL d ‘A student-athlete by a third party, including an NIL collective.
Miguel Cardona is the Secretary of Education in President Biden’s administration, but he will step down once President-elect Trump takes office on January 20.
Guidance could change during the Trump administration.
