Sunday, October 4, 2026

An Old Letter May Provide Clues to Gender Equity Enforcement in NIL

  • The DOE told a group of advocates that a school “may violate Title IX when it assists an outside organization that engages in sex discrimination.”
  • If the DOE sees certain NIL collectives as aided by universities, that could spell trouble.
Jeff Blake-USA TODAY Sports

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

Last week, a college sports advocacy organization called The Drake Group asked the U.S. Department of Education for guidance on one of the biggest unanswered questions about name, image, and likeness: how Title IX — the statute governing gender equity in higher education — might apply.

As it turns out, they’re not the first. In 2017, a group of advocates looking to create a men’s basketball league, called the HBCU League, that would allow both salaries for players and NIL deals. They asked the DOE’s Office of Civil Rights the same question.

The response they received at the time — though not considered official policy — could provide a clue into how the DOE might see existing NIL deals, specifically regarding groups of donors and alumni called “NIL collectives.” 

A school “may violate Title IX when it assists an outside organization that engages in sex discrimination,” the letter read in part. Here’s how that could impact collectives:

  • The NCAA recently said that athletic department officials could ask donors to contribute to collectives if they don’t specify which sport or team receives the money.
  • But many collectives are team-specific — or send most resources to sports like football and men’s basketball. An Opendorse report found only 34% of collectives fund women’s sports athletes.
  • Under this interpretation, an athletic department with strong ties to a collective that offers unbalanced NIL opportunities to male and female athletes could be subject to a Title IX violation. 

The Unexpected Trend With NIL Apparel Sponsors

Some athletes are flouting their schools’ sponsors in favor of competitors.
January 17, 2023

Since rules were passed in June 2021, the application of Title IX to NIL deals has been murky at best. 

It’s generally understood that NIL resources schools provide — like education, classes, or help with social media — should be equitable. But the deals are funded by third parties in the private sector, which are not subject to Title IX.

It remains to be seen how the DOE responds to the Drake Group’s letter, particularly given that it will have to examine an existing NIL landscape rather than a hypothetical one. 

But even if DOE upholds or strengthens this interpretation, it may not have much of an immediate impact as Title IX is notoriously difficult to enforce.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Sep 12, 2026; Baton Rouge, Louisiana, USA; LSU Tigers head coach Lane Kiffin reacts to an intercept by Louisiana Tech Bulldogs during the first half at Tiger Stadium. Mandatory Credit: Stephen Lew-Imagn Images

Oxford Bulking Up Police Presence for Lane Kiffin’s Return

Ole Miss coach Pete Golden asked fans to be rowdy but respectful.
Ohio State Buckeyes safety Jaylen McClain (8) reacts to a missed interception during the NCAA football game against the Texas Longhorns at Darrell K Royal–Texas Memorial Stadium in Austin, Texas on Sept. 12, 2026. Texas won 24-23.

How the 12-Team CFP Is Treating Ohio State and Oregon Differently

Meanwhile, Oklahoma’s and Oregon’s playoff odds took significant hits.

Texas Tops AP Poll As SEC Asserts Early Dominance Over Big Ten

The Longhorns topped the latest poll after their dramatic comeback win.

Revamped McAfee Kicking Contest Pays First Winner $1.2M

The contest has entered its fourth season on College GameDay.
podcast thumbnail mobile
Front Office Sports Today

A Conversation with Randy Levine on the Yankees’ $2.6B Apollo Deal and the Protect College Sports Act

0:00

Featured Today

Oct 4, 2025; Tempe, AZ, USA; General action during the first period of the game between the Arizona State Sun Devils and the Penn State Nittany Lions at Mullett Arena

How Military-Style Workouts in College Sports Get Dangerous

For elite athletes, high-intensity training can be “very appealing.”
September 6, 2026

Is Carolyn Tisch Blodgett the Future Face of Giants Ownership?

Amid changes at top of Giants ownership, eyes are on Tisch Blodgett.
September 4, 2026

Wild Transfer Window Shows How Premier League Towers Over Soccer

Spending in England vastly outstripped the rest of Europe.
September 3, 2026

Teams Are Spending Millions to Build Luxury Locker Rooms

It’s a recruiting pitch, a retention tool, and a seven-figure line item.
September 1, 2026

High School Football Sidelines Are Clogged With Content Creators

Administrators call these amateur newcomers the “pajama paparazzi.”
Sep 11, 2026; Lawrence, Kansas, USA; Missouri Tigers head coach Eli Drinkwitz on the sidelines against the Kansas Jayhawks during the second half of the game at David Booth Kansas Memorial Stadium

Missouri Coach Blasts Kansas for ‘Bullcrap’ Rivalry Video

After a controversial X post, Missouri beat Kansas 38–21 in Lawrence.
Sep 10, 2026; Miami Gardens, Florida, USA; Miami Hurricanes running back Javian Mallory (21) carries the ball while defended by Florida A&M Rattlers defensive back Andre Powell Jr. (7) in the third quarter at Hard Rock Stadium. Mandatory Credit: Sam Navarro-Imagn Images
September 11, 2026

Florida A&M Made $760K to Lose by 70 Points to Miami

Miami led the game 77–0 before a shortened fourth quarter.
First at FOS
September 12, 2026

Deion Sanders, Nick Saban Weren’t Paid for Ads Lobbying Congress

The pair participated to promote the Protect College Sports Act.
Sponsored

Drew Weatherford’s Bet on the Youth Sports Economy

Drew Weatherford discusses investing across the youth, college and professional levels.
Nov 8, 2025; Starkville, Mississippi, USA; Georgia Bulldogs head coach Kirby Smart looks on before the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Wesley Hale-Imagn Images
September 11, 2026

NIL Got Kirby Smart to Give In on All-White Uniforms

Georgia will debut the look vs. Western Kentucky on Saturday.
September 10, 2026

SEC-LSU Cold War Thaws, but LSU Could Still Face Sanctions

The SEC had been scheduled to vote on LSU’s expulsion.
September 10, 2026

Player Who Left LSU Over Russian Teammate Gets Transfer Waiver

Kate Koval is now in the transfer portal.
September 9, 2026

Where Do Dae’Quan Wright and Zxavian Harris Go Now?

The pair may be in football limbo.