This and it’s going to kill Olympic sports. Spoke to a number of D1 coaches this week who think they will have to reduce rosters by 5 or more players.
NIL Bills Introduced in Congress and Litigation Updates
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It would be a huge departure from how title 9 has dealt with employees and labor situations. And it would force a conflict with how title 7 deals with gender, discrimination, and employment situations. I’m not debating whether or not the words are there in title 9 that could be interpreted to force some gender parity scheme on college student athlete compensation. But that doesn’t mean it’s in any way likely given all the words in other laws and the history.
It's a new situation -- I think we both agree that there's no way of knowing for sure what will happen. Initially, the ball is in the court of the Department of Education, which makes rules that govern Title IX. Those rules can be challenged in court whatever they turn out to be and they will be overturned if the court thinks they are contrary to the statutes or haven't been sufficiently justified by the agency. The recent Loper Bright decision by the Supreme Court makes clear that the reviewing court will make its own independent evaluation of whether the Department's approach, whatever it may be, is within the authority that Congress gave it, although the court will give special respect to the agency's view of what that authority is.
I think we probably both agree that we've said on this topic pretty much all that can be said (if not more!).
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Yeah but the scholarship itself is about the education and directly ties to “benefits of the education program”. You get a scholarship to attend school and earn a degree for the school you are representing in a sport. It makes sense that this benefit would be equal for everyone and the number of opportunities to earn this benefit wouldn’t be discriminatory against any race or gender.
It’s one thing to have the same number of collegiate athletic opportunities available for men and women. It’s quite another to say that other things offered to incentivize recruits has to be equal too. Has that ever even been the case? Schiano has a private jet for recruiting. Does the girls volleyball coach have that? No - of course not. Funding for recruiting is an economics based decision. Salaries would be about economics too. The scholarship itself is akin to health benefits. Every employee is entitled to the same coverage but that doesn’t mean everyone gets the same salary. I’m still failing to see how higher salaries for male football or basketball players could ever ve challenged at title IX discrimination. It’s not a gender thing. The men’s volleyball team won’t get much either.
I’m confused about the affirmative action comparison too. Why would this be relevant here? Affirmative action is supposed to be about trying to promote opportunities that have been limited as a result of unjustices from the past. Unfortunately - when you set up hiring and admission quotas for certain classes of people this sometimes has an adverse effect of creating stigmas which can raise questions to the merits of doing so in the first place. That of course is a completely different discussion, but the point here is that the gap in this case has nothing to do with female discrimination. Women do not have the same biological make up as men. Thats simply a fact. Very few women will have the physical ability to play football with men and it has nothing to do with the way society views them or opportunities they or their ancestors have lacked because they have been treated unjustly. It’s simply biology. Women and men compete in different events in gymnastics, as a separate but related example, in terms of highlighting the differences in their anatomy.
Disputes over the terms of the settlement (especially about the distribution of the burden among colleges and conferences of paying for it) will probably alter it somewhat and will certainly delay its final approval. But it's very unlikely that the settlement will fall apart or change in important ways.. We're heading for an era of compensation, no doubt about it.
Yes, a lot of the disputes are about which lawyers get how much money. This happens in successful class action suits -- there's a lot of dough to go around.
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