Name Image Likeness (NIL) deals—agreements allowing student-athletes to receive compensation for the use of their name, image, and likeness—are undoubtedly the current hot topic dominating conversations surrounding collegiate sports these days. Under the current guidelines, which are limited, collegiate athletes who secure NIL deals are typically being paid through collectives; that is, third-party businesses that are not directly affiliated with the universities and are not federally funded.
As a result, collectives are not obligated to follow the rules promulgated under Title IX, which protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. However, depending on the level of involvement a school has with a particular collective, the school’s Title IX obligations may still be implicated. Moreover, even if a school’s relationship with a collective is not sufficient to trigger Title IX compliance, there are other internal school activities that may still be regulated.
Robert Mintz, Kate Buck, and Bhanuka Mahabamunuge discuss how the NCAA could work with member schools and athletes to create guidelines that comply with Title IX regulations and maximize the benefits of increasingly lucrative NIL deals for both male and female athletes in their article published in University Business.