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Department of Education releases memo on student-athlete NIL pay, Title IX compliance

The Department of Education's Office of Civil Rights on Thursday released guidance regarding name, likeness, and likeness (NIL) pay and its compliance under federal Title IX regulations.

The office released the guidelines in a nine-page memo, saying athletic programs must provide equal opportunity regardless of gender.

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The memo states that NIL compensation payments to student-athletes by schools are considered “athletic financial aid” under Title IX, and that “athletic financial aid includes any financial or other financial assistance that a school provides to its affiliated student-athletes. “As this includes assistance for Student participation in sports is not limited to scholarships and grants. ”

“However, OCR states that if funding from private sources, such as private donations or funds raised by booster clubs, creates a gender-based disparity in a school's athletic program or program components, the school must “We have long recognized that we have an obligation to comply with the law,” the memo states. “The fact that funding is provided by private sources does not absolve schools of their responsibility to treat all student-athletes without discrimination.

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“NIL agreements between student-athletes and third parties may create similar disparities, resulting in the school's Title IX obligations being triggered. These NIL agreements vary widely and continue to evolve. Because the application of Title IX's equal athletic opportunity requirements is a fact-specific investigation, this fact sheet provides information on the compensation provided for the use of student-athletes' NILs by third parties, including NIL groups. Title IX in the context of money It does not provide specific guidance regarding application.

Miguel Cardona is the Secretary of Education in President Biden's administration, but he will step down when President-elect Trump takes office on January 20th.

US Department of Education

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This guidance is subject to change during the Trump administration.

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