Title IX says give $10m of that $20m per school to women | Page 2 | The Boneyard

Title IX says give $10m of that $20m per school to women

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I read other reports that mentioned NIL. Glad to see that's not the case. As for direct payments, yes, I can see the reasoning. All that will do is prevent schools from making them at all or will greatly reduce them.
Still, if the settlement is about prior Revenue sharing 1 wonders if it's appropriate to direct that to women's players when the revenue earned by it is relatively nominal for most schools.
 
Still, if the settlement is about prior Revenue sharing 1 wonders if it's appropriate to direct that to women's players when the revenue earned by it is relatively nominal for most schools.
How do you differentiate revenue sharing from university finances?

I think we've been over this ground over and over in the past.

This is ripe for a lawsuit if the next Admin. changes anything (I dont even see how they can).

It's one thing to spend more for football players. It's quite another to pay more.

But any lawsuit is going to take a fine-tooth comb to go through the finances, and as I've been saying for a long time, it's not what people think they are.
 
I understand NIL is outside of the University. Of course there are always wrinkles


A Message from our Founders:

“UConn is entering a new period of transition in NIL activities. Over the coming months, it is anticipated that with the impending House settlement, in which schools across the country, including UConn, would plan to revenue share with student-athletes starting in the 2025-26 academic year, the University will absorb all fundraising in support of student-athlete activities into the UConn Foundation beginning next fiscal year.

Accordingly, BBfG will no longer accept donations after December 31, 2024. We anticipate that BBfG will be formally dissolved in accordance with fulfilling all its contractual obligations to student-athletes. We will disburse previously received donations in accordance with our mission and we anticipate that any undisbursed funds will be distributed to other non-profit organizations, which may include the UConn Foundation. We will continue to work with local charities until we dissolve BBfG, which we expect to occur on July 1, 2025, in conjunction with the effective date for revenue sharing. As support for NIL and ways in which it can provide life-changing benefits for members of Connecticut’s underserved communities will continue to be critical, individuals associated with BBfG will work closely with the UConn Foundation to continue to further those objectives.”
 
How do you differentiate revenue sharing from university finances?
Revenue would be the income earned directly by athletics. The university finances would include that, but would also include every other source of revenue for the university.
 
Revenue would be the income earned directly by athletics. The university finances would include that, but would also include every other source of revenue for the university.
It's not how it's done now.

But a good lawyer will ask, "How did you pay for the stadium? Arena? Training facilities?" "Does any of the student fee go to the football team?" "What percentage of royalties and branding are part of the athletic budget?" "Are you athletic donations specifically billed to donors as money for football? Basketball?" "Do donors even know if they're contributing to sports?"
 
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Well if you read the memo you'd have seen that they are not talking about NIL but revenue sharing. They even state explicitly that third party NIL does not fall under Title IX. But I guess we gotta act enraged somehow...
the memo states schools, as part of house settlement, must equally pay athletes. Secondly, they must also gave equal publicity for men and women as now there are NIL opportunities available and to have more publicity for men’s football will Impact NIL opportunities for a women’s rower.

It is the equal and in-kind publicity is the issue imo. Also, should a non-revenue sport really get a part of the house settlement?
 
It's not how it's done now.

But a good lawyer will ask, "How did you pay for the stadium? Arena? Training facilities?" "Does any of the student fee go to the football team?" "What percentage of royalties and branding are part of the athletic budget?" "Are you athletic donations specifically billed to donors as money for football? Basketball?" "Do donors even know if they're contributing to sports?"
Yes, you are both showing why the whole thing is an absolute disaster. I think the courts got it wrong to begin with and the only result is an eventual end to intercollegiate athletics. Schools and the NCAA did a very poor job outlining the expenses of running these programs, showing that they are not profit centers and were not shortchanging athletes. It's completely out of control now.
 
NIL is, theoretically, outside the scope of the school/athlete relationship. It shouldn't be within the scope of Title IX.
Isn't this muddled because revenue sharing is technically not NIL? I don't get how anyone has any real clear handle on this since the schools themselves don't seem to.
 
The original Title IX law never mentioned sports, but guidelines have been issued since that have included topics such as sports, sexual assault, LBGT protections,... Part of the reason there is confusion over Title IX and sports is that there was an amendment that was proposed to exempt revenue generating sports from Title IX which did not pass in 1974 called the Tower Amendment. And, there have been other attempts to exempt revenue sports from Title IX as well, but none have passed.

In 1984, the Supreme Court ruled that Title IX did not apply to sports, but in 1987, the Civil Rights Restoration Act of 1987 overturned the 1984 Supreme Court decision.

There have been many guidelines and rulings since. Bottom line, anybody who says they will just exempt revenue producing sports from Title IX doesn't understand the history. And, I think NIL is different than revenue sharing, but maybe a court will rule that revenue sharing is NIL and those revenues should be allocated based on revenue production.
 
Yes, you are both showing why the whole thing is an absolute disaster. I think the courts got it wrong to begin with and the only result is an eventual end to intercollegiate athletics. Schools and the NCAA did a very poor job outlining the expenses of running these programs, showing that they are not profit centers and were not shortchanging athletes. It's completely out of control now.
And the reason the schools did this is because their #1 customers, parents of current students, needed the truth to be hidden from them or else the whole thing comes tumbling down.
 
Isn't this muddled because revenue sharing is technically not NIL? I don't get how anyone has any real clear handle on this since the schools themselves don't seem to.
Yep, revenue sharing is an NIL and NIL isn't subject to Title XI. Both things are correct.
 
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The original Title IX law never mentioned sports, but guidelines have been issued since that have included topics such as sports, sexual assault, LBGT protections,... Part of the reason there is confusion over Title IX and sports is that there was an amendment that was proposed to exempt revenue generating sports from Title IX which did not pass in 1974 called the Tower Amendment. And, there have been other attempts to exempt revenue sports from Title IX as well, but none have passed.

In 1984, the Supreme Court ruled that Title IX did not apply to sports, but in 1987, the Civil Rights Restoration Act of 1987 overturned the 1984 Supreme Court decision.

There have been many guidelines and rulings since. Bottom line, anybody who says they will just exempt revenue producing sports from Title IX doesn't understand the history. And, I think NIL is different than revenue sharing, but maybe a court will rule that revenue sharing is NIL and those revenues should be allocated based on revenue production.
It’s a different supreme court. Other long standing positions have recently changed. There are a lot of factions that want and can justify change here. History is a pertinent guide- but many things assumed to be permanent in their time are not in the long run.

They will find a way to keep title ix and yet let players get their compensation.
 
It’s a different supreme court. Other long standing positions have recently changed. There are a lot of factions that want and can justify change here. History is a pertinent guide- but many things assumed to be permanent in their time are not in the long run.

They will find a way to keep title ix and yet let players get their compensation.

Then make the case why this is different rather than just say it is different.
 
Maybe I'm confused, but if company wanted to pay a particular athlete NIL money to endorse them, why is that subject to title IX?
It's not. That's what this memo is saying in section 5.

I just realized I read the post wrong because of a typo.

It reads "revenue sharing is an NIL."

It should read "isn't NIL."
 
It’s a different supreme court. Other long standing positions have recently changed. There are a lot of factions that want and can justify change here. History is a pertinent guide- but many things assumed to be permanent in their time are not in the long run.

They will find a way to keep title ix and yet let players get their compensation.
Wouldn't that be the Court legislating from the bench?

We have a law that is pretty specific regarding funding coming from a school source, and this same law has a history in which the courts have told politicians they need to legislate changes to the law if they don't like the regulations. Politicians have tried o change the law multiple times, but the efforts have failed multiple times.

Clearly, changing Title IX is the remedy if you don't like Title IX's regulations.

This current Supreme Court would be in line with such reasoning because they've already said departments like the DOE would need to follow strictly what the legislation dictates.
 
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because it is a legal opinion, and they will have a different opinion that is more friendly to college athletic departments, which I would say every single college athletic department looks as this opinion as a non starter.

And why would the admin be taking that position? Why would they get involved in this? I’ve not heard about such an interjection except in your post. Do you have any data or quotes to support your opinion?
 
And why would the admin be taking that position? Why would they get involved in this? I’ve not heard about such an interjection except in your post. Do you have any data or quotes to support your opinion?
I'm sure this has been coming post election. The news on the ground is all recent regarding the court case. Revenue sharing hasn't even started yet. This is only a memo anyway.

One last thing: maybe people aren't aware that the Dept. of Labor has new leadership in the form of someone who is well respected across all party lines. In other words, she is vey much in the tradition of Labor Secs of the past.
 
Wouldn't that be the Court legislating from the bench?

Clearly, changing Title IX is the remedy if you don't like Title IX's regulations.
It depends. If the regulations were outside of the mandate provided in the original statute, then they are overreach by a federal agency and would be properly struck down if challenged. In essence overly expensive regulation is "legislation by agency" to paraphrase the language you use above.
 
It depends. If the regulations were outside of the mandate provided in the original statute, then they are overreach by a federal agency and would be properly struck down if challenged. In essence overly expensive regulation is "legislation by agency" to paraphrase the language you use above.
I still say that ruling any different than the memo would be the opposite of overreach. If you ignore the legislation, then you're making your own ruling outside the legislation.

This is precisely the reason why they've been trying to overturn the key provisions of Title IX so many times over so many years.

If they had more leeway they wouldn't have needed to pass new legislation to counter the regulations as it relates to funding. If you're a school that gets federal funding, you need to fund men and women equally.
 
I still say that ruling any different than the memo would be the opposite of overreach
This interpretation would give agencies, essentially unelected, bureaucrats supremacy over both Congress, and the judiciary. There are some countries where the state is this supreme authority unchecked by the judiciary or any elected representative body. Thankfully the US isn't one of them.
If you ignore the legislation, then you're making your own ruling outside the legislation.
This would pretty much be the point. If the agency goes beyond the scope of the legislation then it is making it on law which is impermissible in the US system.
 
This interpretation would give agencies, essentially unelected, bureaucrats supremacy over both Congress, and the judiciary. There are some countries where the state is this supreme authority unchecked by the judiciary or any elected representative body. Thankfully the US isn't one of them.

This would pretty much be the point. If the agency goes beyond the scope of the legislation then it is making it on law which is impermissible in the US system.
?????
The legislation says you have to equally fund.
If you ignore that, you're ignoring the legislation.

I don't want to make this political as you have in the first statement. There's no point in discussing politics here.

Let's stick to the legislation which says they have to be equally funded. If you diverge from that, you're doing your own thing.

Obviously this is true or they wouldn't have tried to rewrite the legislation multiple times in order to eliminate the equal funding provision.
 
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?????
The legislation says you have to equally fund.
If you ignore that, you're ignoring the legislation.

I don't want to make this political as you have in the first statement. There's no point in discussing politics here.

Let's stick to the legislation which says they have to be equally funded. If you diverge from that, you're doing your own thing.

Obviously this is true or they wouldn't have tried to rewrite the legislation multiple times in order to eliminate the equal funding provision.
If you did "revenue sharing" wouldn't that at all depend on what "revenue" each sport brought in?
 
?????
The legislation says you have to equally fund.
If you ignore that, you're ignoring the legislation.

I don't want to make this political as you have in the first statement. There's no point in discussing politics here.

Let's stick to the legislation which says they have to be equally funded. If you diverge from that, you're doing your own thing.

Obviously this is true or they wouldn't have tried to rewrite the legislation multiple times in order to eliminate the equal funding provision.
Not trying to be insulting but you have a fundamental lack of understanding of constitutional law.
 
If you did "revenue sharing" wouldn't that at all depend on what "revenue" each sport brought in?
No, because it is the university. You'd have to break out the bean counting and look at all subsidies for everything, buildings, food, dorms, stadiums, training, student fee, etc. The amount of inputs would be endless.

You could only avoid it if they became their own business.
 
Not trying to be insulting but you have a fundamental lack of understanding of constitutional law.
This is laughable. It's gone through the Supreme Court. I really dont think you know what you're talking about.
 
This is laughable. It's gone through the Supreme Court. I really dont think you know what you're talking about.
I'm sure you don't. Obviously your concept of administrative agency superiority over the legislature, and the judiciary is a unique one, well, at least unique in non-totalitarian states.
 
I'm sure you don't. Obviously your concept of administrative agency superiority over the legislature, and the judiciary is a unique one, well, at least unique in non-totalitarian states.
It's the opposite.

You're the one saying the agency should do whatever they want.

Quite frankly, you're lost.
 
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