The memo address it
Posted on: January 19, 2025 at 22:33:00 CT
SatoriTiger JC
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Here is its "conclusion" on third-party NILs:
By contrast, OCR does not view compensation provided by a third party (rather than a school) to a student-athlete for use of their NIL as constituting athletic financial assistance awarded by the school that must comply with 34 C.F.R. § 106.37(c).
There are definitely situations where private funds given to a school have raise title IX issues (and the memo cites several such cases) but that is because donations to a school, for title ix purposes, are considered general funds and subject to the law. No cited case, however, has found that private funds given to students directly implicate title ix.