the Education management The Office for Civil Rights issued guidance Thursday regarding name, image and likeness (NIL) wages and compliance with them under federal Title IX rules.
The office laid out its guidelines in a nine-page memo stating that athletic programs must provide equal opportunities regardless of gender.
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(Photo by Scott Teich/NCAA via Getty Images/File)
The memo stated that compensation provided by the school to NIL student-athletes is considered “athletic financial assistance” under Title IX “because athletic financial assistance includes any financial and other assistance provided by the school to a student-athlete in connection with and the student’s athletic participation is not limited to scholarships or bursaries.”
“However, OCR has long recognized that the school has Title IX Obligations “When funding from private sources, including private donations and funds raised by booster clubs, creates gender disparities in the school’s athletic program or component of the program,” the memo said. The school has a responsibility to treat all of its student-athletes in a non-discriminatory manner.
“It is possible that NIL agreements between student-athletes and third parties could create similar disparities and thus trigger school obligations under Title IX. Because these NIL agreements vary widely and continue to evolve and because the application of opportunity requirements Equal athleticism in Title IX is essential.” “As a fact-specific investigation, this fact sheet does not provide specific guidance regarding the application of Title IX in the context of compensation provided for the use of a student-athlete’s NIL by a third party, including the NIL Group.”
Miguel Cardona is President Biden's Secretary of Education, but will leave his position once he is elected president Trump He takes office on January 20.
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The guidance could change during the Trump administration.
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