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

The Department of Education’s Office for Civil Rights recently released new guidance on the topic of name, image, and likeness (NIL) pay and its compliance with federal Title IX rules. In a nine-page memo, the office outlined the importance of offering equal opportunities in athletic programs regardless of gender.

The memo emphasized that any compensation provided by a school to student-athletes for their NIL rights is considered “athletic financial assistance” under Title IX. This includes any financial aid or assistance connected to a student’s athletic participation, not just limited to scholarships or grants. The memo also highlighted that disparities based on gender, even if funded by private sources like donations or booster clubs, must be addressed by schools to ensure compliance with Title IX regulations.

Furthermore, the memo acknowledged that NIL agreements between student-athletes and third parties could potentially create disparities and trigger a school’s Title IX obligations. As these agreements vary widely and continue to evolve, the guidance did not provide specific instructions on how Title IX applies in the context of NIL compensation from third parties.

It is important to note that Miguel Cardona, the current education secretary in President Biden’s administration, will be replaced once President-elect Trump takes office on Jan. 20. The guidance issued by the Office for Civil Rights may undergo changes during the new administration.

For more updates on sports news, follow Fox News Digital’s sports coverage and subscribe to the Fox News Sports Huddle newsletter. Ryan Gaydos, a senior editor for Fox News Digital, contributed to this article.