College athletics is in the middle of a big shift, especially with all the changes around Name, Image, and Likeness (NIL) rules. With so much focus on this, it’s easy for schools to lose sight of something crucial: Title IX compliance.
As universities scramble to keep up, they have to make sure their governance structures can handle new Title IX risks. The relationship between NIL and Title IX is complicated, to say the least.
Let’s take a look at what’s really going on and how schools might try to deal with it all.
The Changing Landscape of College Athletics
College sports are changing fast, and a lot of that comes down to new NIL regulations. The House settlement—approved on June 6, 2025—lets schools share up to 22% of athletic-related revenue with student-athletes.
This is a pretty big move, but it’s also raised a bunch of new questions. Female athletes have already filed class action suits, claiming the way funds are split up mostly benefits male athletes and could be a Title IX violation.
Understanding Title IX
Title IX is a federal law that bans sex-based discrimination in any educational program or activity that gets federal money. In college sports, that means men and women should have equal opportunities.
With all the recent NIL changes, schools have to look again at how they handle compliance and whether their governance structures are still up to the task.
Institutional Oversight and Compliance
Staying compliant with Title IX isn’t just about checking boxes—it takes real oversight. Schools need governance structures that can keep up with new challenges, not just the old ones.
This usually means regular meetings and coordination between university leadership, legal counsel, compliance staff, and athletics administrators. It’s not always simple, but it’s necessary.
Key Questions for Universities
When it comes to NIL and Title IX, universities should be asking themselves:
- Are athletic administrators meeting regularly with the institution’s general counsel, Title IX coordinator, and other senior leaders?
- Is this group actually talking about the risks with different approaches?
- Is the Board involved when it needs to be, especially in figuring out the right path?
The Role of Third-Party Organizations
NIL collectives and other third-party groups make things even trickier. They’re technically independent from universities, but their actions definitely shake up the athletics ecosystem.
University boards have to decide just how much oversight they want—or need—over deals with these outside groups. It’s not always clear-cut.
Challenges and Considerations
Boards might run into questions like:
- How much oversight should the board really have over third parties?
- If it’s a public institution, can these matters be discussed in executive session to help the university negotiate better deals?
- Are the current oversight and communication channels enough?
- How does all this fit with the university’s bigger compliance and risk management picture?
Knowing who’s responsible for what, and having clear policies and reporting structures, can at least make things a bit less confusing when new issues pop up.
Evaluating Compliance Structures
Good compliance programs are about more than just having policies written down somewhere. Schools should regularly take a hard look at their compliance structures to see if they still work given how much college athletics has changed.
- Looking at how people report issues
- Checking up on training programs
- Reviewing how documentation is handled
- Making sure everyone actually knows their responsibilities
Regular conversations between athletics staff, compliance officers, and university leadership can help spot problems early—before they get out of hand. No one wants to be caught off guard.
Proactive Planning for the Future
Let’s face it—nobody really knows where college athletics is headed next. That’s why proactive planning isn’t just smart; it’s pretty much essential right now.
Universities that keep a close eye on their compliance infrastructure tend to handle change better. It’s not just about ticking boxes, but making sure student-athletes and the institution’s goals don’t get lost in the shuffle.
Title IX isn’t something to tack on at the end. If leaders actually weave those considerations into every decision, they’re more likely to manage risk and keep opportunities fair for everyone who puts on a jersey.
If you want to dig deeper, there’s a more detailed article here: Title IX Considerations Beyond NIL.
College athletics isn’t going to stop changing anytime soon. Sure, there are still plenty of big questions about athlete pay, NIL rules, and what regulators might do next.
But waiting around isn’t really an option. Universities need to take a hard look at their governance and compliance right now if they want to keep up—and, honestly, if they want to treat student-athletes fairly in the long run.
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