News & Analysis as of

Department of Education Office of Civil Rights NCAA

Troutman Pepper Locke

DOE Rescinds Title IX Guidance on NIL Compensation

Troutman Pepper Locke on

Twenty-seven days after the U.S. Department of Education (DOE) of the outgoing Biden administration issued long-awaited Title IX guidance relating to name, image, and likeness (NIL) payments by schools and third-party...more

Jackson Lewis P.C.

Navigating the Title IX NIL Landscape Post-DOE Rescission of Biden Guidance

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) has rescinded the name, image, and likeness (NIL) guidance under Title IX of the Education Amendments of 1972 issued in the final days of the Biden...more

Kaufman & Canoles

Parting Wisdom: Outgoing Departments of Education and Justice Weigh In on NIL

Kaufman & Canoles on

In the wake of the pending House settlement, the Third Circuit’s opinion in Johnson v. NCAA, and the NLRB’s push for athlete employment and unionization, the spotlight has predictably shifted to colleges and universities who...more

McGuireWoods LLP

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

McGuireWoods LLP on

On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Parker Poe Adams & Bernstein LLP

Title IX Gender Equity Mandate Applies to NIL Activity, Department of Education Confirms

In long-awaited guidance, the U.S. Department of Education’s Office for Civil Rights (OCR) officially confirmed what many Title IX practitioners and athletics administrators thought to be true: Title IX’s gender equity...more

BCLP

OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

BCLP on

On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Education Warns NCAA Schools That NIL Deals May Implicate Title IX Obligations

The U.S. Department of Education warned National Collegiate Athletic Association (NCAA) schools that payments to athletes for the use of their names, images, and likenesses (NIL) implicate the gender equal opportunity...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

Holland & Knight LLP on

The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more

BCLP

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

BCLP on

The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Shumaker, Loop & Kendrick, LLP

Title IX Enforcement: Potential Changes for Schools and Universities

Schools and universities should be informed that Title IX enforcement in the area of campus sexual assault might be scaled back or even eliminated under the new Trump administration. This is particularly significant for...more

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