It's not an EO
Posted on: January 18, 2025 at 09:40:44 CT
SatoriTiger JC
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It's a memo with guidelines by the DOE. It has 0 legal force.
But also, it seems no here has read it.
Here is its "conclusion" on third-party NILs:
By contrast, OCR does not view compensation provided by a third party (rather than a school) to a student-athlete for use of their NIL as constituting athletic financial assistance awarded by the school that must comply with 34 C.F.R. § 106.37(c).
...
It is possible that NIL agreements between student-athletes and third parties will create similar disparities and therefore trigger a school’s Title IX obligations. Because these NIL agreements vary widely and continue to evolve and because the application of Title IX’s equal athletic opportunity requirements is a fact-specific inquiry, this Fact Sheet does not offer specific guidance on Title IX’s application in the context of compensation provided for the use of a student athlete’s NIL by a third party, including an NIL collective.
This is really much ado about nothing. It's a meak-milled memo that doesn't really say anything about anything, except the broad-based idea that schools have Title IX obligations. Well yeah, duh.