Q: I’m a college athlete receiving NIL money. Does Title IX affect my payments?
A: Potentially, yes. The intersection of Name, Image, and Likeness (NIL) payments and Title IX is one of the most unsettled areas of college sports law. How this plays out will significantly affect both male and female athletes across all sports.
The Current Confusion
The Biden administration issued guidance in January 2025 suggesting that NIL payments, when provided or supported by institutions, must be distributed proportionally between genders to satisfy Title IX. The incoming administration then issued different guidance. The result is significant uncertainty about whether and how Title IX applies to NIL.
Revenue Sharing Under the House Settlement
The House v. NCAA settlement allows schools to share revenue directly with athletes. Title IX requires that athletic financial assistance be distributed proportionally. If most revenue-sharing goes to football and men’s basketball players, female athletes have argued this violates Title IX’s proportionality requirements.
Pending Legislation
The Student Athlete Fairness and Enforcement Act and other bills before Congress would create a federal framework for college athlete compensation, including Title IX compliance requirements. Until Congress acts, individual lawsuits and Department of Education guidance are the primary mechanisms for enforcement.
What Athletes Should Do
Both male and female athletes should understand their Title IX rights in the context of NIL and revenue sharing. If you believe your school’s compensation system discriminates based on gender, consult with an attorney.
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This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411 for a confidential consultation.