The Current Failures of Title IX in Collegiate Athletics and the Modern, NIL Era Solutions

Abstract

After the proliferation of NIL rights in NCAA sports, the landscape and market of college sports changed drastically. Women’s sports have been on the rise in recent years, which sets the stage for change to occur in Title IX enforcement and in how the NCAA and its member institutions value women’s sports. However, because of the rise in popularity of women’s sports, the gender disparities created by NIL’s presence in NCAA sports have been highlighted. Although Title IX drastically improved the state of women’s sports in America, the Three-Part Test used to assess violations prevents it from progressing women’s sports. Congress, the OCR, and the NCAA must work together to fix the Title IX complications created by student-athletes monetization of their NILs.