The NCAA’s breaking point for equal opportunity: A Title IX perspective on name, image, and likeness sponsorship legislation

ABSTRACT

This paper analyzes the efficacy of Title IX in the context of name, image, and likeness (NIL) and NCAA Division I athletic department expenditures. The research examines Title IX’s legislative history, current compliance rules, litigation in the courts, and a current literature review. Using publicly reported data to the US Department of Education, fixed effects models testing measure of participation and expenditure parity were explored. The results show that most NCAA Division 1 schools lack participation and expenditure parity, men’s football has a large impact on both participation and spending, and disparities in expenditures are more distinct than participation. Ultimately, the market-based provisions allowing exceptions for inequitable gender expenditures have swallowed the rule: equality in sports. Given the limited population NIL legislation likely would benefit, this study emphasizes the need to take into account the values Title IX safeguards when revising policies impacting amateurism, athlete benefits, and gender equity.

KEYWORDS:

• NCAA
• Title IX
• name image and likeness
• amateurism
• gender equality
• sport
• fair pay to play
• college athletics

Disclosure statement

No potential conflict of interest was reported by the author(s).

Additional information

Notes on contributors

Josh Sorbe

Josh Sorbe is the Development & Communications Officer at the Harry S. Truman Scholarship Foundation in Washington, DC. A former Division I swimmer, Student Body President, and NCAA Academic All-American, his interests and lived experiences lie at the intersection of political science, economics, higher education, and athletics.

Tyler Custis

Tyler Custis is an Assistant Professor of Business Law at the University of South Dakota Beacom School of Business. Tyler completed his undergraduate studies at Texas A&M University and his J.D. and M.B.A. at The University of South Dakota. His research interests lie primarily in Sport and International Business issues.

Mandie Weinandt

Mandie Weinandt is an instructor of Economics and Decision Sciences for the Beacom School of Business at the University of South Dakota. Her teaching and research interests include applied microeconomic and statistical concepts and using empirical data to explore the quantitative side of business, organizations, policy, etc.