New Lawsuit Could Decide Whether NIL Is Subject To Title IX

Front Office Sports  |  Dec 05, 2023

On Friday, 32 University of Oregon athletes, both at the club and varsity level, filed a Title IX lawsuit against the University of Oregon.

The lawsuit could provide the first ruling on whether NIL activities — including funding from collectives — are subject to Title IX, the federal statute requiring gender equity in college sports. It’s one of the biggest unanswered questions in the NIL era.

Renowned NIL attorney Arthur Bryant is one of the lawyers representing athletes on the case.

The lawsuit, which focuses on beach volleyball and club women’s rowing, makes several allegations of inequity that relate either directly or indirectly to NIL.

The complaint alleges that the support athletes receive for NIL activities — like education and help with social media promotion — falls under the requirement that athletic departments provide equitable “publicity” between men’s and women’s athletes.