Lead1 Association: NIL and Collectives: The Title IX Question

In the wake of the Supreme Court's Alston decision, the NCAA discarded guidance it had previously intended to use regarding student-athletes profiting from their name, image and likeness (NIL). In the absence of more definitive guidance, boosters at many universities began to form "collectives" or entities to which individuals and companies could donate money that would ultimately be pooled to pay student-athletes for promotional opportunities. While the NCAA has recently issued additional guidance about how these collectives are to be considered under the current bylaws, the Office for Civil Rights has not given such guidance about how school’s obligations under Title IX interact with these new entities. In a panel discussion, former Indiana University (IU) Athletic Director and current partner at Taft Stettinius & Hollister LLP, Fred Glass, and in-house IU athletics attorney James Nussbaum discussed the potential implications of Title IX on NIL. Check out the webinar here.

This article was submitted by James Nussbaum, Indiana University. If you would like to submit content or write an article for the Sports & Entertainment Law Section, please email Kara Sikorski at ksikorski@indybar.org.

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