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On June 6, Judge Claudia Wilken of the United States District Court for the Northern District of California approved a settlement agreement between the National Collegiate Athletic Association (NCAA), power conferences, and...more
The final approval hearing of House v. NCAA—widely recognized as a landmark decision that will fundamentally alter the future of college athletics—was held today, April 7, 2025. The hearing’s main objective is to allow...more
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
President Trump’s new administration just clarified that Title IX equity principles should not apply to Name, Image, and Likeness (NIL) payments, a decision that could have a significant impact on your college athletics...more
On January 16, 2024, the Office of Civil Rights (OCR), the organization that enforces Title IX, including athletic gender equity, released a nine-page informal Fact Sheet labeled: Ensuring Equal Opportunity Based on Sex in...more
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
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
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
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
In Part 2 of this series, we’ll delve into how the Title IX regulations align with the terms of the House Settlement. The latest iteration of the settlement agreement received preliminary approval from Judge Wilken on October...more
The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more
In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...more
As independent schools work to promote equity, understanding, and inclusion of students across the gender spectrum on their campuses, it seems that legislative efforts on the state and federal levels are moving in the...more
The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change - Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your...more
Welcome to the second year of The Academic Advisor. The aim of this publication is to help our clients navigate the myriad legal issues and evolving regulatory landscape that affect schools, colleges and universities, and...more
Athletics on campus are currently in full swing. Football continues toward its various bowls and championships, while men’s and women’s basketball competitions have just begun, not to mention the many other fall and winter...more
First Class Actions Threatened by Both Men and Women Yield Landmark Results: Clemson Reinstates Men’s Track, Field, Cross Country; Will Add Women’s Team; Give Women Equal Financial Aid and Treatment; and Comply Fully with...more
The COVID-19 pandemic has dealt a heavy blow to college and university athletic programs over the past 10 months. The institution-wide budgetary challenges caused by the pandemic have been particularly acute in many athletic...more
The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more