News & Analysis as of

Sex Discrimination Student Athletes

Venable LLP

Title IX and Transgender Athletes: Penn's Landmark Settlement and the Legal Implications

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In early July, the University of Pennsylvania said it had reached a settlement with the U.S. Department of Education, resolving a federal investigation into Title IX violations based on transgender athlete participation in...more

Parker Poe Adams & Bernstein LLP

Title IX Legal Challenges Mount as Colleges and Universities Enter New Revenue-Sharing Landscape

Higher education institutions and student-athletes are navigating continuing uncertainty about institutional revenue-sharing payments and the Title IX implications of the landmark House v. NCAA settlement....more

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

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The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Venable LLP

Title IX Goes Head to Head with Antitrust: NCAA NIL Settlement Challenged by Female Student-Athletes in House v. NCAA

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For anyone who thought an unprecedented $2.8 billion settlement agreement actually resolved one of the many murky issues of student-athlete compensation in college athletics —not so fast. On June 6, federal Judge Claudia...more

Montgomery McCracken

Supreme Court to Decide Legality of Trans-Athlete Bans

Montgomery McCracken on

As the Supreme Court Prepares to Decide the Legality of Trans-Athlete Bans, Schools Must Ready Themselves for Far-Reaching Precedent Addressing “On the Basis of Sex” On July 3, 2025, the Supreme Court granted certiorari in...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Benesch

University of Oregon Title IX Suit Presses Forward…Women Athletes Successfully Argue for Case to Continue Amid Photo Comparisons...

Benesch on

An Oregon federal judge denied the University of Oregon’s motion to dismiss the lawsuit accusing the University of disproportionate investment in women’s sports and “glaring inequalities in facilities, finances, and...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

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Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Troutman Pepper Locke

NCAA Settlement Faces 88 Objections as Deadline Looms

Troutman Pepper Locke on

Callan Stein, a partner in Troutman Pepper Locke’s Health Care + Life Sciences Industry Group, was quoted in the February 28, 2025 Global Competition Review article, “NCAA Settlement Faces 88 Objections as Deadline Looms.”...more

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

Ice Miller

Trump U.S. Department of Education Rescinds Biden Administration NIL Title IX Guidance Previewing a Contentious 2025 for Title IX

Ice Miller on

In a move that was expected, the Trump Administration’s new Department of Education (Department) rescinded the Biden Administration’s January 16, 2025, name, image, and likeness (NIL) guidance applying Title IX to NIL...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

McGuireWoods LLP

Biden-Era Guidance on How Schools Analyze NIL Activity Under Title IX Rescinded

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On Feb. 12, 2025, the Trump administration rescinded the Department of Education Office for Civil Rights’ guidance on how it planned to analyze name, image and likeness (NIL) activity under Title IX of the Education...more

Bond Schoeneck & King PLLC

President Trump Signs Executive Order, “Keeping Men Out of Women’s Sports”

On Feb. 5, 2025, President Trump signed an Executive Order, “Keeping Men Out of Women’s Sports.” The Executive Order states that “[i]n recent years, many educational institutions and athletic associations have allowed men to...more

Spilman Thomas & Battle, PLLC

Trump Administration Set to Ban Transgender Girls and Women from Women’s Sports

On February 5, 2025, on National Girls and Women in Sports Day, President Trump is expected to sign an Executive Order called, “Keeping Men Out of Women’s Sports.” It is anticipated that there will be a signing ceremony with...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 1, January 2025

Welcome to our first issue of The Academic Advisor for 2025. If you are new to the publication, The Academic Advisor provides regular education law insights on topics of import for schools, colleges, and other...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 9 - January 2025

After weeks of talking about the concepts of a plan, Governor Brian Kemp finally pulled back the curtain on his comprehensive tort reform package on Thursday. Backed by more than a hundred citizens representing a broad...more

Jackson Lewis P.C.

Staying Title IX-Compliant: OCR Finally Provides Schools with Guidance on Student-Athlete NIL

Jackson Lewis P.C. on

How to engage in name, image, and likeness activities (NIL) without running afoul of Title IX of the Education Amendments of 1972 is a question colleges and universities have wrestled with since the NCAA first permitted the...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

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

Eversheds Sutherland (US) LLP

Film Room

Happy new year and welcome to 2025, a year of unprecedented change in college athletics. This is Film room, where we’ll break down the whirlwind of legal and regulatory activity in college athletics....more

McGuireWoods LLP

Department of Education Withdraws Proposed Rule Governing Participation on Athletic Teams Based on Gender Identity

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On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....more

Husch Blackwell LLP

Title IX Litigation Tracker: Where Do Things Stand Two Months After Implementation?

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It has been two months since the August 1, 2024 implementation date for the 2024 Title IX regulations promulgated by the U.S. Department of Education (“Department”) and schools across the country still face uncertainty from...more

Bricker Graydon LLP

[Ongoing Program] Session 4: Tackling Areas of High Risk in Your Athletics Department - October 8th, 12:00 pm - 1:00 pm ET

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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

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

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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

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