The United States Department of Education has issued a memo to NCAA schools stating that payments made to athletes are subject to Title IX laws.
The memo, shown in-part by Yahoo’s Ross Dellenger below, states that payments made to athletes will be classified as “financial assistance” and thus schools will be required to comply with Title IX guidelines.
Under Title IX, “financial assistance” must be made “proportionately available to male and female athletes.”
The Department of Education goes hard, even targeting NIL compensation from some third parties, specifically those affiliated with boosters."The fact that funds are provided by a private source does not relieve a school of its responsibility" for Title IX compliance. pic.twitter.com/hTTrL5eFBG
— Ross Dellenger (@RossDellenger) January 16, 2025Per multiple reports, this development comes as a surprise to college football administrators. It comes as athletic departments are preparing to begin distributing revenue payments to student-athletes beginning in 2025, pending the finalization of the ongoing House settlement. Prior to this announcement, most athletic departments have been preparing to distribute most of its allotted revenue payments to student-athletes from revenue-generating sports: football and men’s basketball.
There is another wrinkle to this ruling. The incoming Republican administration at the Department of Justice could opt to issue a different interpretation and render this memo irrelevant. However, it’s unclear at this time whether or not that will be the case.
In the meantime, NCAA Board of Governors Chair and Baylor president Linda Livingstone is encouraging schools to review their future plans regarding revenue distributions to student-athletes.
“Because it is Title IX, in many ways it is a school level issue — conferences or the NCAA don’t typically give guidance on it,” Livingstone said Thursday. “We’re going to all have to, as schools, go back and see what we think are the implications are for what we’re doing.”
Department of Education says athlete payments are subject to Title IX Saturday Down South.
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