Miltenberg, Mohr: “NCAA revenue sharing will be subject to Title IX. Athletes need to know their options,” northjersey.com

This spring, the National Collegiate Athletic Association and the “power five” college athletic conferences agreed to a settlement that would allow colleges to pay athletes directly for the first time in the history of college sports. The agreement, part of a class-action suit known as House v. NCAA, will end the tradition of amateurism in college sports. In the past, recruiting scandals involving gifts of cars, houses and under-the-table financial compensation have been the height of controversy, and the definition of amateurism has significantly shifted thanks to legislation that has allowed student-athletes to profit from the use of their name, image and likeness, or NIL. Now we see the tides shift even more, as the House v. NCAA settlement introduces the never-before-seen aspect of revenue sharing with student-athletes across the country, which could be set into effect as early as summer 2025. While this is an exciting idea to reward the very students who draw crowd attendance and profit to the universities, it leaves the universities with one crucial question in an attempt to avoid inevitable and highly contested litigation: Does Title IX apply to revenue sharing? The simple answer is yes. Title IX is a federal law that prohibits schools that receive federal funds from discriminating based on sex in the course of the schools’ programs or activities. In the context of university athletic programs, Title IX requires that universities provide equal opportunity based on sex. Equal opportunity in athletic programs is measured by a three-prong analysis … It is likely that the revenue sharing program will be subject to Title IX. However, the implementation of such a model requires clear guidance from the Office for Civil Rights. Absent such guidance, it is sure that an overwhelming majority of revenue sharing compensation, like free-market NIL endorsements, will be awarded to male athletes — in particular the high-grossing football and men’s basketball players. In that case, colleges and universities must remain dedicated to providing equal opportunity and pay to both men’s and women’s programs. Given this uncharted territory and the changing NCAA landscape, litigation regarding Title IX equality in the revenue sharing model is almost inevitable.

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