The Department of Education has issued a memo regarding compliance with Title IX for student-athlete NIL payments.

The Department of Education’s Office for Civil Rights has issued guidance on paying Name, Image, and Likeness (NIL) and complying with federal Title IX laws.

The office issued the guidelines in a nine-page memo stating that athletic programs must provide equal opportunity regardless of gender.

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The memo states that compensation provided by a school to student-athletes is considered “athletic financial aid” under Title IX because athletic financial aid includes any financial aid and other relationship-related assistance the school provides to the student-athlete. student athletic participation;

“However, OCR has long recognized that a school has Title IX obligations when funding from private sources, including private donations and funds raised by cheerleading clubs, creates a gender-based disparity in a school’s athletic program or program component,” the memo said. “The fact that funds are provided from a private source does not absolve a school of its responsibility to treat all student-athletes in a discriminatory manner.

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“NIL agreements between student-athletes and third parties may create similar differences and therefore trigger the school’s Title IX obligations. As a fact-based inquiry, this fact sheet does not provide specific guidance on a Title IX application regarding the context of compensation for student-athlete NIL services. Including collection.

Miguel Cardona is the secretary of education in President Biden’s administration, but he will be out after President-elect Trump takes office on January 20.

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The directive could change during the Trump administration.

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