Female Athletes Challenge NCAA Settlement

On Wednesday, eight female athletes pursued an appeal regarding a significant NCAA antitrust settlement. They argued that they wouldn’t benefit from the proposed $2.7 billion in backpay, since many players had been restricted from profiting off their names, images, and likenesses.

Last week, US District Judge Claudia Wilken approved the settlement, which notably did not include direct payments to athletes from universities or eliminate the NCAA’s amateurism rules.

The appealing athletes, who participate in soccer, volleyball, and track, include Casey Breeding from Vanderbilt, Lexi Drum, Emma Appleman, Emmy Wannemacher, Riley Hass, Savannah Baron, and Elizabeth Arnold from the University of Charleston, along with Kate Johnson from Virginia. They feel they have grounds to contest the earlier settlement proposal.

Ashlyn Hare, one of the attorneys for the athletes, voiced concerns that the settlement breaches Title IX, a federal statute aimed at preventing gender discrimination in educational settings. She stated, “We support a settlement in this case, but not one that violates federal law. Previous damage assessments seem to overlook Title IX, effectively shortchanging female athletes by $1.1 billion. Adopting this payment plan would be a critical mistake, potentially causing lasting harm to women’s sports.”

The law firm representing the respondents indicated that the appeal could postpone payments to numerous athletes by several months. They mentioned, “These lawyers are appealing based on Title IX issues—matters that Judge Wilken has correctly dismissed multiple times.”

The anticipated settlement would redistribute a significant portion of the estimated $20.5 million annually, specifically benefitting athletes in soccer and basketball at the largest schools, who would receive compensation in the upcoming year.

Additionally, athletes from other sports—those that aren’t generating revenue for their institutions—might risk losing partial scholarships or face being cut from their teams entirely.

“It’s the soccer and basketball sectors undermining the settlement without providing real advantages to female athletes,” Hare added. “Congress has explicitly dismissed attempts to exempt sports like soccer and basketball from Title IX’s mandates. The NCAA was on board with this. Our appeal revolves around the same points discussed in the meetings prior to the case’s resolution.”

The appeal was initiated by Hutchinson Black, a law firm based in Boulder, Colorado, and was initially reported by Front Office Sports.

The matter will be reviewed by the U.S. Court of Appeals for the 9th Circuit.