In Reply to: Re: You read the differentiation between $NIL from schools vs... posted by TJJ on January 16, 2025 at 19:57:34
These “rulings” have the effect of law unless changed or challenged in court. This is the case even under Loper. Meaning its guidance. Even if the Trump admin comes in a changed the guidance, a female athlete is going to sue under Title XI. I think it’s pretty clear as currently drafted. The courts have been pretty consistent here, they are going to agree with this promulgation. It’s really the same argument about scholarships.
I guess one possible solution is that the $$ goes to an entity that isn’t subject to title xi, ie a conference or even the NCAA and then they can disseminate directly in accordance with some alternative arrangement. I think I linked the BIG10 plan a couple weeks ago. It was something like 75% football 15 % men’s hoops, 5% women’s hoops and 5% special interest per school. These were just guiding principles. Nebraska and Wisky are huge women’s volleyball so maybe they allocate that womens hoops % to volleyball. MaYBE LSU allocates to baseball. Maybe UNC allocates to women’s soccer.
Maybe that obviates title xi; but that sounds more like a form over substance ruling that courts would reject.