The Department of Education’s new memo complicates college athletes’ NIL payment plans under Title IX regulations

This nine-page memo is stirring the pot, especially since colleges were gearing up to pay athletes directly. The guidance suggests that if schools don’t distribute NIL money fairly between male and female athletes, they could be violating Title IX.
Title IX, which has been around since 1972, requires schools to provide equal financial assistance based on the number of male and female athletes. So, if most of the NIL cash goes to football and men’s basketball, that’s a big no-no.
NCAA board chair Linda Livingstone mentioned they need to figure out what this means for schools moving forward. The memo also left some questions about how payments from third-party collectives will be handled.
David Ridpath, a former NCAA watchdog, said this memo isn’t surprising and aligns with existing laws. It seems like the DOE is just clarifying how Title IX applies to NIL deals. It’s a lot to unpack, but it’s clear that schools need to tread carefully.