A lawsuit was recently filed in federal court against the University of Oregon athletic department, alleging violations of Title IX. The lawsuit, filed on December 1, involves 32 athletes from both the club and varsity levels at the university.
This lawsuit could potentially set a precedent for whether activities related to Name, Image, and Likeness (NIL) are subject to Title IX. Title IX is a federal statute that requires gender equity in college sports, and the impact of NIL on gender equity is one of the key questions in the NIL era.
Renowned NIL attorney, Arthur Bryant, is among the lawyers representing the athletes in this case. The lawsuit primarily focuses on beach volleyball and club women’s rowing, highlighting several allegations of inequity that directly or indirectly relate to NIL.
The complaint argues that the support provided to athletes for NIL activities, such as education and assistance with social media promotion, should fall under the requirement for athletic departments to provide equitable "publicity" between male and female athletes.
However, the allegations go beyond that. The lawsuit claims that male student-athletes at Oregon receive significantly greater NIL-related training, opportunities, and income compared to their female counterparts. This includes the services offered by Oregon's NIL collective, Division Street, and NIL marketplace, Opendorse.
It is important to note that while Division Street and Opendorse are mentioned in the lawsuit, they are not defendants in the case.
In response to the lawsuit, the University of Oregon stated that it believes it complies with Title IX. Representatives for Division Street and Opendorse have not yet responded to requests for comment.
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