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- President Trump rescinded Biden-era guidance on equitable NIL payments for athletes.
- The decision faces criticism and potential legal challenges for undermining gender equity in sports.
- Some support the move, arguing NIL payments differ from athletic scholarships under Title IX.
WASHINGTON — President Donald Trump voiced his support for women and girls in sports last week but his Department of Education on Wednesday revoked Biden-era guidance that universities must equitably distribute direct payments to male and female athletes.
Just days before President Joe Biden left office, a nine-page memo from the DOE's Office of Civil Rights defined name, image and likeness or NIL payments to college athletes as financial aid that must be proportionate between men and women.
"Without a credible legal justification, the Biden administration claimed that NIL agreements between schools and student athletes are akin to financial aid and must, therefore, be proportionately distributed between male and female athletes under Title IX," according to a statement from Craig Trainor, the acting assistant secretary for civil rights. "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."
Surrounded by female athletes, Trump last week signed an executive order banning transgender women from playing on women's and girls' teams, citing compliance with Title IX, per ESPN.
What is Title IX?
Passed in 1972, Title IX requires schools to provide equal athletic opportunity, regardless of sex. That includes benefits, opportunities and treatment given to male and female athletic teams and athletic financial assistance, including athletic scholarships.
One of the longstanding measures of compliance with the law is whether schools provide financial assistance — such as scholarships — in proportion to the number of students of each sex who play sports on campus, according to ESPN. If half of a school's athletes are women, then half of the school's financial aid for athletes must be allotted to women.
The Biden administration memo said schools are responsible for ensuring that they are offering equal athletic opportunities in their athletic programs, including in the NIL context.
"A school may violate Title IX if the school fails to provide equivalent benefits, opportunities and treatment in the components of the school's athletic program that relate to NIL activities," the memo said, adding the obligation applies regardless of whether the athlete's NIL is through the school or a third party.
Trainor's statement rescinds that guidance.
Direct payment of college athletes
The Trump administration decision comes as universities await final approval of a proposed settlement in the House v. NCAA case that would let schools directly pay athletes.
Universities could earmark as much as $20.5 million in the 2025-26 school year for revenue sharing. Most Power Four schools are expected to spend $15 to $17 million on their football rosters.
Several states have passed laws or issued executive orders setting the stage for schools to directly pay athletes for the use of the name, image and likeness.
A Utah lawmaker introduced legislation to that end last week while explicitly stating college athletes are not employees. HB449 would also deem direct payments to college athletes a public record.
Questioning Trump's support for women in sports
The Trump administration decision, which will likely face legal challenges, drew sharp criticism.
"I think it's appalling for an administration that performatively and repeatedly claims to be intent on protecting women and girls' equal access to sports then disavows a legal interpretation that protects women and girls' ability to benefit financially from their athletic talents," Catherine Lhamon, the former assistant secretary of the Office for Civil Rights, told ESPN.
Andrew Zimbalist, Smith College economics professor emeritus and former president and member of the government relations team with The Drake Group, which advocates for college sports reform, called the department's decision "reprehensible."
"It's incomplete and misleading and it doesn't align with Trump's ... support (last week) of Title IX, which is where he says he cares about women's sports and doesn't want women playing against biological men," he said, per ESPN. "It's not surprising. There will be an attack on Title IX coming up the next four years."
The Independent Women's Forum, which supports the transgender athlete ban, lauded the NIL decision.
"There is no legal basis under Title IX to treat NIL payments the same as athletic scholarships," Beth Parlato, the group's senior legal advisor, told ESPN. "(We) will continue to oppose the left's attempts to expand and distort the original intent of Title IX."
