Department of Education rescinds Title IX guidance that NIL payments must be proportionate

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The U.S. Department of Education has officially rescinded a nine-page fact sheet on Title IX guidance that was released last month under the outgoing presidential administration, a move that was anticipated by many within college sports.

The memo, which was issued on Jan. 16, stated that name, image and likeness (NIL) payments to college athletes must be proportionate between a school’s male and female athletes to comply with Title IX, a federal law that prohibits sex-based discrimination in schools that receive federal money. That instruction could have had a significant impact on future revenue sharing between colleges and athletes under the pending House settlement, which has a final approval hearing on April 7.

However, the department announced Tuesday that it has rescinded what it described as “11th-hour guidance” from the Joe Biden administration. Donald Trump took office on Jan. 20.

“Enacted over 50 years ago, Title IX says nothing about how revenue-generating athletics programs should allocate compensation among student athletes,” acting assistant secretary for civil rights Craig Trainor said via statement. “The claim that Title IX forces schools and colleges to distribute student-athlete revenues proportionately based on gender equity considerations is…

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