The approval of the Name, Image, and Likeness (NIL) policy has granted student-athletes greater financial autonomy. In recent months, the conversations around NIL have shifted from the business of student-athletes to the potential for NIL money to influence recruiting. SMU alumni and boosters pledged over $1 million annually for a schoolwide NIL program meant to attract collegiate football players. University of Miami boosters have offered a total of $540,000 to Hurricane football players on scholarships. Oklahoma State University has partnered with INFLCR+ to provide NIL education and opportunities to its students. As boosters, alumni, and colleges and universities become involved in NIL deals, so does the territory of Title IX. 

Related: Bad Takes from the NCAA Senate Hearing on the NIL Laws

Title IX requires schools who receive federal funding to provide “equal athletic opportunities for members of both sexes.” If a university, its employees, or its booster club arrange or offer deals to men and not women, or vice versa, then the law can be triggered. Additionally, universities must ensure that athletes receive the same access to education regarding how to best market themselves to sponsorships. 

Related: What is Title IX

Below are four examples of NIL-related Title IX violations from Sportico: 

• “The university trains its men's basketball team on how to navigate the world of contracts and agents, but does not similarly train any women's team.”
• “The university allows the football team members to use its trademarked logo in an ad for a sports apparel brand, but not any women's team members.”
• “The women's swimming and diving team coach holds meetings with various vendors to feature her team members on their website, but no men's team coaches hold similar meetings.”
• “The men's baseball team members are paid by the university's apparel partner to have jerseys sold with their names on the back, but no female athletes are offered similar deals.”

Related: How Title IX Fails Female Athletes

As schools try to position themselves favorably in the NIL market, they must take the necessary steps to avoid a Title IX violation. According to Dr. Ketra Armstrong, professor of sport management and director of the Center for Race and Ethnicity in Sport at the University of Michigan, universities will play a large role in determining the market for athletes: “If the university is not marketing women's sports, they won't have the same notoriety as the athletes that participate in sports that are highly marketed, highly coveted.” 

Despite existing opportunity gaps, the enforcement of Title IX will level the playing field for women in the NIL space. Universities motivated by attracting the top men's collegiate basketball and football players will need to offer each of these advantages to their female athletes. The increased marketing exposure should bolster the viewership and interest in women's athletics, and access to educational programming from the school or a third party can help those with a smaller following find NIL opportunities.  

Related: NIL Opportunities for Athletes with Smaller Platforms

On a larger scale, the collision course between the NIL and Title IX should help female athletes. Women who earn substantially less as professionals than their male counterparts will capitalize on their college careers. The NIL opens up the possibility for intercollegiate female athletes to enter the marketplace, manage their brand, and align themselves with companies, agencies and representatives who value them the most. 

Related: Getting Women off the Sideline: Title IX Today

If you observe disparate treatment of student-athletes on campus, speak to your Title IX Coordinator and advocate for greater NIL exposure. 

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Image source: Twitter

* Originally published on March 18, 2022, by Chloe Singer