Impact of Trump Administration’s NIL Policy Changes on Title IX and Student-Athlete Compensation

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Trump administration rescinds Biden’s Title IX guidance on athlete pay, sparking debate over fairness in collegiate sports.

Quick Takes

Trump’s Department of Education withdraws Biden-era guidance linking NIL compensation to Title IX
Biden guidance required proportional distribution of NIL deals between male and female athletes
Trump administration argues Title IX doesn’t mandate gender-based allocation of student-athlete revenues
Decision aligns with broader efforts to separate NIL frameworks from Title IX compliance
Move impacts ongoing discussions about transgender athletes in collegiate sports

Trump Administration Overturns Biden’s NIL Guidance

The Department of Education under the Trump administration has rescinded guidance issued during Joe Biden’s presidency that linked student-athlete Name, Image, and Likeness (NIL) compensation to Title IX gender equity standards. This move marks a significant shift in policy regarding the treatment of student-athlete compensation in collegiate sports.

Trump Education Dept rescinds Biden administration's 'profoundly unfair' guidance on NIL compensation https://t.co/bsXVtjul81

— Fox News (@FoxNews) February 13, 2025

The Biden administration’s guidance, released just before Trump’s inauguration, had stipulated that NIL compensation should be considered “athletic financial assistance” and distributed equitably between men’s and women’s programs. This approach aimed to enhance equal sports opportunities for both genders, aligning with Title IX’s broader goals.

Legal Justification and Criticism

Craig Trainor, acting as the Assistant Secretary for Civil Rights, criticized the legal grounding of the Biden-era guidance, leading to its withdrawal. Trainor argued that Title IX does not mandate proportional distribution of student-athlete revenues based on gender.

“Enacted over 50 years ago, Title IX says nothing about how revenue-generating athletics programs should allocate compensation among student athletes. The claim that Title IX forces schools and colleges to distribute student-athlete revenues proportionately based on gender equity considerations is sweeping and would require clear legal authority to support it. That does not exist. Accordingly, the Biden NIL guidance is rescinded.” – Assistant Secretary for Civil Rights Craig Trainor

The Trump administration deemed the Biden guidance overly burdensome and lacking legal justification. This policy reversal echoes a broader government objective to disentangle NIL frameworks from Title IX compliance, altering how student-athlete compensations are managed without infringing upon civil rights mandates.

Implications for Collegiate Sports

The rescission of the Biden-era guidance means that NIL payments no longer need to be proportional based on gender. This change could significantly impact how colleges and universities approach revenue-sharing and NIL deals with their student-athletes.

“The NIL guidance, rammed through by the Biden Administration in its final days, is overly burdensome, profoundly unfair, and it goes well beyond what agency guidance is intended to achieve.” Trainor said.

The decision aligns with ongoing discourse about the treatment of transgender athletes in collegiate sports and the fair application of existing records. Additionally, this policy shift occurs against the backdrop of a recent settlement in the House v. NCAA case, which mandates revenue sharing with athletes starting in the 2025-26 academic year, including back pay.

NCAA revenue sharing: Trump administration rescinds Biden's Title IX Policy, NIL guidance https://t.co/jFdogeIzLr

— The News Herald (@The_News_Herald) February 12, 2025

Broader Impact on Title IX Enforcement

The Trump administration’s decision extends beyond NIL compensation. A ‘Dear Colleague’ letter from the Department of Education shifted Title IX enforcement from the 2024 Rule to the 2020 Rule, emphasizing a return to previous regulatory frameworks.

This policy change, coupled with President Trump’s executive order banning transgender girls and women from participating in women’s sports, signals a significant shift in the application and interpretation of Title IX in collegiate athletics.

As the landscape of collegiate sports continues to evolve, the impact of these policy changes on student-athletes, universities, and the broader sports community remains to be seen. The ongoing debate over fairness, equity, and the role of Title IX in NIL compensation will likely continue to shape the future of collegiate athletics.