Oregon female athletes have filed a Title IX lawsuit over NIL monies. Knew it was going to happen and honestly it has to be fought out.
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Oregon female athletes have filed a Title IX lawsuit over NIL monies. Knew it was going to happen and honestly it has to be fought out.
They don’t have a case. It’s not through the school. NIL is private
Agree. There has to be a link between the state (university) and the collective.
My argument would be that state employees (AD's and coaches) are directing the collectives how to spend the money (meaning which athletes get paid and how much). Law is clear that govt actors can't use private actors to do what the govt actor can't legally do.
Are most NIL initiatives classified as 501c3's?
But they can file a suit against the private collectives claiming improper interpretation of the law with regards to giving from the funds to insure a player attends your school; I.e., winning the top bid for players services. Then the initiative and said player would have to prove he didn't take the best and highest bid to play for school A over schools, B,C, and D.
The intention of the law would be their claim in the courts and let's hope the gals win!
If that was all that mattered you'd have way more college wrestling programs. Alumni groups tried to provide separate funding for wrestling and the courts ruled they had to essentially fund the wrestling program and a women's program of some sort to match it if they wanted to satisfy Title IX.
Since when does that matter? Our Injustice System put a cop in prison for the murder of a drug dealer who died of a fentanyl overdose. The coroner's autopsy report said there was no sign of asphyxiation and the guy had enough fentanyl in his system to kill him three times. And the AG and judge worked together to exclude exculpatory evidence in the case. And you think the Ninth Circus is going to let a little thing like standing get in the way of a Title IX claim? 😂😂😂😂 I've got some land in Arizona to sell you.
I suppose a NIL donator could designate that his money go toward a particular sport, such as men's football.
Did that when I joined last night. You can split your BI donation among as many sports, men and women, % wise as you want. I did 100% football, as I feel we need to get serious ASAP that we want and can compete at a high level in the SEC. I still feel NIL is a complete, unregulated mess. JMO. Hail State!
That doesn't remove title IX restrictions. Courts have already rejected the argument that the market values mens sports more as a justification for spending more on men's sports.
Best argument for the defense will be that the school is not a party to the NIL deals. THe more involved the school is in an initiative, the better argument the plaintiffs will have.